BILL NUMBER: S8933
SPONSOR: HELMING
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting the use of perfluoroalkyl and polyfluoroalkyl substances in
photovoltaic modules
 
PURPOSE:
To prohibit the use of perfluoroalkyl and polyfluoroalkyl substances
(PFAS) in solar panels
 
SUMMARY OF PROVISIONS:
Section 1: Amends the environmental conservation law to add a new
section 37-0123; prohibits the sale or manufacturing of solar panels
containing any PFAS as intentionally added chemicals; allows for the
Department to adopt any rules and regulations necessary to assist in
enforcement of this section; provides definitions
Section 2: Sets the effective date
 
JUSTIFICATION:
Polyfluoroalkyl substances (PFAS) are often called "forever chemicals"
due to their persistence, toxicity, and bioaccumulative nature.
According to the United States Environmental Protection Agency, long-
term PFAS exposure has been linked to serious health conditions such as
reproductive issues, developmental delays in children, and increased
risk of cancer. Additionally, PFAS have emerged as a real and growing
concern to our natural world. The NYS Department of Environmental
Conservation considers contaminated water sources as one of the main
pathways for public exposure to PFAS and continues to study those levels
of exposure.
While PFAS are not a required component in manufacturing solar panels,
they can still be used for self-cleaning functions, bolstering durabili-
ty, mechanical strength, and resistance to harsh environmental condi-
tions.
In 2021, the Town of Avon adopted a local law to prohibit the use of
solar panels that contain any amount of PFAS. The Town recognized that
with emerging solar projects, regulations are necessary in order to
protect the health and welfare of residents and natural environment.
This legislation would continue those efforts at a state level by
prohibiting the use of solar panels that contain any amount of PFAS in
New York. Our state has recently made efforts to phase out the use of
PFAS in different commodities, including food packaging, menstrual
products, and apparel. Similar regulations on PFAS-containing solar
panels will help ensure that our state's energy production does not
unintentionally compromise the safety of our state's water sources,
wildlife, or residents.
 
LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS:
To be determined
 
EFFECTIVE DATE:
This act shall take effect immediately.