S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    994
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2023
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting  the  use of perfluoroalkyl and polyfluoroalkyl substances
   in apparel and outdoor apparel for severe wet conditions

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 37-0121 of the environmental conservation law, as
 added by a chapter of the  laws  of  2022,  amending  the  environmental
 conservation  law  relating to prohibiting the use of perfluoroalkyl and
 polyfluoroalkyl substances in apparel, as proposed in legislative  bills
 numbers S. 6291-A and A. 7063-A, is amended to read as follows:
 § 37-0121. Prohibition against the use of perfluoroalkyl and polyfluoro-
 alkyl  substances  in  apparel AND OUTDOOR APPAREL FOR SEVERE WET CONDI-
 TIONS.
   1. [No] AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, NO PERSON SHALL
 SELL OR OFFER FOR SALE IN THIS  STATE  ANY  NEW,  NOT  PREVIOUSLY  USED,
 APPAREL  CONTAINING PERFLUOROALKYL   AND   POLYFLUOROALKYL SUBSTANCES AS
 INTENTIONALLY ADDED CHEMICALS.
   2. IN ADDITION TO THE PROVISIONS OF SUBDIVISION ONE OF  THIS  SECTION,
 ONE  YEAR AFTER THE DEPARTMENT'S ADOPTION OF THE REGULATIONS REQUIRED BY
 THIS SUBDIVISION, BUT NO LATER THAN JANUARY FIRST, TWO THOUSAND  TWENTY-
 SEVEN, NO person shall sell or offer for sale in this state any NEW, NOT
 PREVIOUSLY  USED,  apparel containing perfluoroalkyl and polyfluoroalkyl
 substances [as intentionally added chemicals] AT OR ABOVE A  LEVEL  THAT
 THE DEPARTMENT SHALL ESTABLISH IN REGULATION.
   [2.]  3.  ON  OR  AFTER  JANUARY  FIRST, TWO THOUSAND TWENTY-EIGHT, NO
 PERSON  SHALL SELL OR OFFER FOR SALE IN THIS STATE ANY NEW,  NOT  PREVI-
 OUSLY  USED,  OUTDOOR  APPAREL  FOR  SEVERE  WET  CONDITIONS  CONTAINING
 PERFLUOROALKYL  AND POLYFLUOROALKYL  SUBSTANCES: (A) AT OR ABOVE A LEVEL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04296-01-3
 A. 994                              2
              

 
 THAT THE DEPARTMENT SHALL ESTABLISH IN  REGULATION,  OR  (B)  AS  INTEN-
 TIONALLY ADDED CHEMICALS.
   4.  For  the  purposes of this section, the following terms shall have
 the following meanings:
   (a) "Intentionally added chemical" means a chemical in a product  that
 serves  an intended function OR TECHNICAL EFFECT IN THE PRODUCT OR PROD-
 UCT COMPONENT, INCLUDING THE PFAS WITHIN INTENTIONALLY  ADDED  CHEMICALS
 AND  PFAS  THAT  ARE INTENTIONAL BREAKDOWN PRODUCTS OF AN ADDED CHEMICAL
 THAT ALSO HAVE A FUNCTIONAL OR TECHNICAL EFFECT in the PRODUCT OR  prod-
 uct component.
   (b) "Apparel" means clothing items intended for regular wear or formal
 occasions  including,  but not limited to, undergarments, shirts, pants,
 skirts, dresses, overalls, bodysuits, vests,  dancewear,  suits,  saris,
 scarves,  tops,  leggings,  leisurewear,  formal  wear, OUTDOOR APPAREL,
 onesies, bibs, and diapers. "Apparel" shall not include:
   (I) professional uniforms [or outerwear intended  for  extreme  condi-
 tions.] THAT ARE WORN TO PROTECT THE WEARER FROM HEALTH OR ENVIRONMENTAL
 HAZARDS, INCLUDING PERSONAL PROTECTIVE EQUIPMENT; OR
   (II) OUTDOOR APPAREL FOR SEVERE WET CONDITIONS.
   (C)  "OUTDOOR  APPAREL"  MEANS  CLOTHING  ITEMS INTENDED PRIMARILY FOR
 OUTDOOR ACTIVITIES, INCLUDING  BUT  NOT  LIMITED  TO,  HIKING,  CAMPING,
 SKIING, CLIMBING, BICYCLING, AND FISHING.
   (D)  "OUTDOOR APPAREL FOR SEVERE WET CONDITIONS" MEANS OUTDOOR APPAREL
 THAT ARE EXTREME AND EXTENDED USE PRODUCTS DESIGNED FOR  OUTDOOR  SPORTS
 EXPERTS  FOR APPLICATIONS THAT PROVIDE PROTECTION AGAINST EXTENDED EXPO-
 SURE TO EXTREME RAIN CONDITIONS OR AGAINST EXTENDED IMMERSION  IN  WATER
 OR WET CONDITIONS, SUCH AS FROM SNOW, IN ORDER TO PROTECT THE HEALTH AND
 SAFETY OF THE USER AND THAT ARE NOT MARKETED FOR GENERAL CONSUMER USE.
   (E)  "MANUFACTURER" MEANS A PERSON, FIRM, ASSOCIATION, PARTNERSHIP, OR
 CORPORATION:
   (I) THAT PRODUCES OR WHOSE BRAND NAME IS AFFIXED TO APPAREL OR OUTDOOR
 APPAREL FOR SEVERE WET CONDITIONS; OR
   (II) IN THE CASE OF APPAREL OR OUTDOOR APPAREL FOR SEVERE  WET  CONDI-
 TIONS THAT WAS IMPORTED INTO THE UNITED STATES, "MANUFACTURER" MEANS THE
 IMPORTER OR FIRST DOMESTIC DISTRIBUTOR OF THE APPAREL OR OUTDOOR APPAREL
 FOR  SEVERE WET CONDITIONS IF NO PERSON WHO IS A MANUFACTURER WITHIN THE
 MEANING OF SUBPARAGRAPH (I) OF THIS PARAGRAPH  HAS  A  PRESENCE  IN  THE
 UNITED STATES.
   5.  NO  PERSON  THAT  SELLS  OR OFFERS FOR SALE ANY APPAREL OR OUTDOOR
 APPAREL FOR SEVERE WET CONDITIONS SHALL BE HELD  IN  VIOLATION  OF  THIS
 SECTION  IF  THEY CAN SHOW THAT THEY RELIED IN GOOD FAITH ON THE WRITTEN
 ASSURANCE OF THE MANUFACTURER THAT SUCH APPAREL OR OUTDOOR  APPAREL  FOR
 SEVERE WET CONDITIONS MEETS THE REQUIREMENTS OF THIS SECTION. SUCH WRIT-
 TEN ASSURANCE SHALL TAKE THE FORM OF A CERTIFICATE OF COMPLIANCE STATING
 THAT  SUCH  APPAREL  OR  OUTDOOR APPAREL FOR SEVERE WET CONDITIONS IS IN
 COMPLIANCE WITH THE REQUIREMENTS OF THIS  SECTION.  THE  CERTIFICATE  OF
 COMPLIANCE  SHALL BE SIGNED BY AN AUTHORIZED OFFICIAL OF THE MANUFACTUR-
 ER.
   6. IN ADDITION TO ANY  OTHER  APPLICABLE  PENALTIES,  IT  SHALL  BE  A
 VIOLATION  OF  THIS  SECTION  TO  PROVIDE A CERTIFICATE OF COMPLIANCE AS
 CONTEMPLATED BY SUBDIVISION FIVE OF THIS  SECTION  WHEN  THE  APPLICABLE
 APPAREL  OR  OUTDOOR  APPAREL FOR SEVERE WET CONDITIONS DOES NOT SATISFY
 THE LIMITATIONS ON THE PRESENCE OF  PERFLUOROALKYL  AND  POLYFLUOROALKYL
 SUBSTANCES SET FORTH IN SUBDIVISIONS ONE, TWO AND THREE OF THIS SECTION.
   §  2. Section 71-3703 of the environmental conservation law is amended
 by adding a new subdivision 6 to read as follows:
 A. 994                              3
 
   6. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO  FAILS  TO
 PERFORM  ANY DUTY IMPOSED BY SECTION 37-0121 OF THIS CHAPTER OR ANY RULE
 OR REGULATION PROMULGATED PURSUANT HERETO, SHALL BE LIABLE FOR  A  CIVIL
 PENALTY  NOT  TO  EXCEED  ONE THOUSAND DOLLARS FOR EACH DAY DURING WHICH
 SUCH  VIOLATION  CONTINUES,  AND IN ADDITION THERETO, SUCH PERSON MAY BE
 ENJOINED FROM CONTINUING SUCH VIOLATION. SUCH PERSON SHALL FOR A  SECOND
 VIOLATION  BE  LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT
 TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH  DAY  DURING  WHICH
 SUCH VIOLATION CONTINUES.
   §  3.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the  laws  of  2022  amending  the  environmental
 conservation  law  relating to prohibiting the use of perfluoroalkyl and
 polyfluoroalkyl substances in apparel, as proposed in legislative  bills
 numbers S. 6291-A and A. 7063-A, takes effect.