An act to amend the environmental conservation law, in relation to the
regulation of toxic substances in playground surfacing materials
To prohibit manufacturers from including intentionally added PFAS, PAHs,
or lead as components of playground surfacing materials.
Section I of the bill amends the environmental conservation law to
prohibit manufacturers in the state from selling or offering for sale
playground surfacing materials that contain intentionally added PFAS,
PAHs, or lead. Section 1 also prohibits manufacturers from selling play-
ground surfacing materials containing PFAS, PAHs, or lead at or above a
level determined by the Department of Environmental Conservation. It
requires manufacturers to provide individuals who sell playground
surfacing materials in the state with a certificate of compliance.
Section 2 states that a civil penalty not to exceed $1,000 per day shall
be imposed on individuals upon their first violation. In the case of a
second violation, that penalty is not to exceed $2,500.
Section 3 is the effective date.
Playgrounds are an essential part of childhood development. They offer a
safe place for children to explore, enhance social, emotional and phys-
ical learning, develop social skills, exercise, and build relationships.
Unfortunately, many playgrounds are made with toxic materials, including
PFAS, which undermine the health and safety of children and can stymie
This bill would prohibit manufacturers from including Per- and Polyfluo-
rinated Substances (PFAS), lead, or Polycyclic Aromatic Hydrocarbons
(PAHs) in amounts that exceed levels established by the Department of
Environmental Conservation as a component of playground surfacing mate-
rials. Manufacturers are also prohibited from intentionally adding PFAS,
lead, or PAHs to playground surfacing materials. All three of these
substances are known to be harmful to humans, and the risk they pose to
children is especially great. While there are many different kinds of
PFAS, Perfluorooctanoic Acid (PFOA), the most common and well-studied
kind, was classified by the International Agency for Research on Cancer
(IARC) Monograph Program as carcinogenic to humans. Similarly, there is
evidence that exposure to PAHs may increase the risk of cancer and
cardiovascular disease among other illnesses. Lead is especially infa-
mous for its irreversible harmful effects on children, causing increased
antisocial behavior, lowered success in school, anemia, and other nega-
tive health consequences.
It is clear that children in New York should have as little exposure to
lead, PFAS, and PAHs as possible. And yet too often, playground surfac-
ing materials have been found to contain all three. By prohibiting these
substances from being included in playground surfacing materials, impos-
ing fines on individuals found in violation of this law, and requiring
manufacturers of playground surfacing materials to provide certificates
of compliance, this bill would make playgrounds in the state safer,
protecting the health of the children of New York State.
New Bill.
To be determined.
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

Statutes affected:
S8932A: 71-3703 environmental conservation law