NY State Senate Bill 2023-S8932A

Senate Bill S8932A

2023-2024 Legislative Session

Prohibits the sale of playground surfacing materials that contain PFAS, PAHs or more than ninety parts per million of lead; and provides penalties for violations

download bill text pdf

Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2024	referred to environmental conservation delivered to assembly passed senate ordered to third reading cal.1855 committee discharged and committed to rules
May 29, 2024	print number 8932a
May 29, 2024	amend and recommit to finance
May 07, 2024	reported and committed to finance
Apr 01, 2024	referred to environmental conservation

Votes

- Jun 6, 2024 - Floor Vote
  S8932A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2024
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Walczyk
  May 7, 2024 - Environmental Conservation Committee Vote
  S8932A
  
  9
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 7, 2024
      
      aye (9)
      
      Harckham
      
      Hinchey
      
      Kavanagh
      
      Mannion
      
      Martinez
      
      May
      
      Palumbo
      
      Serrano
      
      Skoufis
      
      aye wr (2)
      
      Canzoneri-Fitzpatrick
      
      Stec

Bill Amendments

Original

A (Active)

2023-S8932 - Details

Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0123, amd §71-3703, En Con L

2023-S8932 - Summary

Prohibits the sale of playground surfacing materials that contain PFAS, PAHs or more than ninety parts per million of lead on and after January 1, 2026; requires manufacturers of playground surfacing materials that contain PFAS, PAHs or more than ninety parts per million of lead to provide notice of such fact to distributors and retailers of such materials; provides penalties for violations.

2023-S8932 - Sponsor Memo

                                 
BILL NUMBER: S8932

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
regulation of toxic substances in playground surfacing materials

 
PURPOSE:

To prohibit manufacturers from including PFAS, PAHs, or lead above 90
parts per million as components of playground surfacing materials.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the environmental conservation law to
prohibit manufacturers in the state from selling, distributing, or
offering for sale playground surfacing materials including PFAS, PAHs,
or quantities of lead above 90 parts per million. It requires manufac-
turers to provide individuals who sell or distribute playground surfac-
ing materials in the state with a certificate of compliance. A civil
penalty not to exceed $10,000 is imposed on individuals upon their first

violation of the provisions in this section. In the case of a second
violation, that penalty is not to exceed $25,000.

Section 2 is the effective date.

 
JUSTIFICATION:

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
development.

This bill would prohibit manufacturers from including Per- and Polyfluo-
rinated Substances (PFAS), lead in quantities above 90 parts per
million, or Polycyclic Aromatic Hydrocarbons (PAHs) as a component of
playground surfacing materials. All three of these substances are known
to be harmful to humans, and the risk they pose to children is especial-
ly great. While there are many different kinds of PFAS, Perfluoroocta-
noic 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 PAlis may increase the risk of cancer and cardiovascular
disease among other illnesses. Lead is especially infamous for its irre-
versible harmful effects on children, causing increased antisocial
behavior, lowered success in school, anemia, and other negative health
consequences.

It is clear that children in New York should have as little exposure to
lead, PFAS, and PAM as possible. And yet too often, playground surfacing
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.
 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8932 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8932
 
                             I N  S E N A T E
 
                               April 1, 2024
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   regulation of toxic substances in playground surfacing materials
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.   Article 37  of  the  environmental  conservation  law  is
 amended by adding a new title 4 to read as follows:
                                  TITLE IV
     REGULATION OF TOXIC SUBSTANCES IN PLAYGROUND SURFACING MATERIALS
 SECTION 37-0401. DEFINITIONS.
         37-0403. PROHIBITION ON SALE, DISTRIBUTION, OR OFFER FOR SALE OF
                    PLAYGROUND SURFACING MATERIALS CONTAINING PFAS, PAHS,
                    OR CERTAIN QUANTITIES OF LEAD.
         37-0405. REQUIRED NOTIFICATION.
         37-0407. VIOLATIONS.
 § 37-0401. DEFINITIONS.
   AS  USED  IN  THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   1. "PLAYGROUND SURFACING  MATERIALS"  MEANS  PRODUCTS,  MATERIALS,  OR
 SUBSTANCES USED OR INSTALLED ON THE GROUND SURFACE OF A PLAYGROUND.
   2. "PLAYGROUND" MEANS AN OUTDOOR RECREATION AREA FOR CHILDREN EQUIPPED
 WITH ONE OR MORE PLAY STRUCTURES.
   3.  "MANUFACTURER"    MEANS  THE PERSON THAT MANUFACTURES A PRODUCT OR
 WHOSE BRAND NAME IS AFFIXED TO THE PRODUCT. IN THE  CASE  OF  A  PRODUCT
 IMPORTED INTO THE UNITED STATES, "MANUFACTURER" INCLUDES THE IMPORTER OR
 FIRST  DOMESTIC  DISTRIBUTOR  OF THE PRODUCT IF THE PERSON THAT MANUFAC-
 TURED OR ASSEMBLED THE PRODUCT OR WHOSE BRAND NAME  IS  AFFIXED  TO  THE
 PRODUCT DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
   4.  "PFAS"  MEANS  PERFLUOROALKYL  AND  POLYFLUOROALKYL SUBSTANCES AND
 INCLUDES ANY MEMBER  OF  THE  CLASS  OF  FLUORINATED  ORGANIC  CHEMICALS
 CONTAINING AT LEAST ONE FULLY FLOURISHED CARBON ATOM.
   5. "PAHS" MEANS POLYCYCLIC AROMATIC HYDROCARBONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14813-02-4

 S. 8932                             2
 
 § 37-0403. PROHIBITION ON SALE, DISTRIBUTION, OR OFFER FOR SALE OF PLAY-
              GROUND   SURFACING  MATERIALS  CONTAINING  PFAS,  PAHS,  OR
              CERTAIN QUANTITIES OF LEAD.
   COMMENCING  ON JANUARY FIRST, TWO THOUSAND TWENTY-SIX, NO PERSON SHALL
 SELL, DISTRIBUTE, OR OFFER FOR SALE IN THIS STATE ANY PLAYGROUND SURFAC-
 ING MATERIAL THAT CONTAINS PFAS, PAHS, OR MORE  THAN  NINETY  PARTS  PER
 MILLION OF LEAD.
 § 37-0405. REQUIRED NOTIFICATION.
   1.  A  MANUFACTURER  OF PLAYGROUND SURFACING MATERIALS SOLD  INTO  THE
 STATE   SHALL PROVIDE   PERSONS   THAT OFFER THE  PRODUCT  FOR  SALE  OR
 DISTRIBUTION  IN THE STATE WITH A CERTIFICATE OF COMPLIANCE. THE CERTIF-
 ICATE  OF  COMPLIANCE SHALL PROVIDE ASSURANCE, AT A  MINIMUM,  THAT  THE
 PRODUCT  DOES  NOT  CONTAIN  ANY  INTENTIONALLY  ADDED PFAS, PAHS, OR AN
 AMOUNT OF LEAD THAT IS MORE THAN NINETY PARTS PER MILLION.  ANY  CERTIF-
 ICATE  OF  COMPLIANCE  PROVIDED UNDER THIS SECTION SHALL BE SIGNED BY AN
 AUTHORIZED OFFICIAL OF THE MANUFACTURER.
   2. IF PFAS, PAHS, OR AN AMOUNT OF LEAD THAT IS MORE THAN NINETY  PARTS
 PER  MILLION  ARE DISCOVERED IN PLAYGROUND SURFACING MATERIALS AFTER THE
 ISSUANCE OF A CERTIFICATE OF COMPLIANCE, THE MANUFACTURER  SHALL  RECALL
 THE  PLAYGROUND  SURFACING  MATERIALS  AND  REIMBURSE THE DISTRIBUTOR OR
 RETAILER FOR THE PLAYGROUND SURFACING MATERIALS.
 § 37-0407. VIOLATIONS.
   1. A VIOLATION OF ANY OF THE PROVISIONS OF THIS TITLE OR ANY  RULE  OR
 REGULATION  PROMULGATED PURSUANT THERETO SHALL BE PUNISHABLE IN THE CASE
 OF A FIRST VIOLATION, BY A CIVIL PENALTY  NOT  TO  EXCEED  TEN  THOUSAND
 DOLLARS.  IN THE CASE OF A SECOND AND ANY FURTHER VIOLATION, THE LIABIL-
 ITY SHALL BE FOR A CIVIL PENALTY  NOT  TO  EXCEED  TWENTY-FIVE  THOUSAND
 DOLLARS FOR EACH VIOLATION.
   2. IF THE DEPARTMENT HAS REASON TO BELIEVE THAT A PLAYGROUND SURFACING
 MATERIAL  CONTAINS  PFAS,  PAHS,  OR AN AMOUNT OF LEAD THAT IS MORE THAN
 NINETY PARTS PER MILLION AND IS BEING  DISTRIBUTED,  SOLD,   OR  OFFERED
 FOR  SALE  IN VIOLATION OF THIS SECTION, THE DEPARTMENT SHALL DIRECT THE
 MANUFACTURER  OF  THE  PLAYGROUND  SURFACING MATERIALS TO, WITHIN THIRTY
 DAYS:
   (A) PROVIDE THE DEPARTMENT WITH  INDEPENDENT,  THIRD-PARTY  LABORATORY
 TEST  RESULTS  DEMONSTRATING  THAT THE PLAYGROUND SURFACING MATERIALS DO
 NOT CONTAIN PFAS, PAHS, OR AN AMOUNT OF LEAD THAT IS  MORE  THAN  NINETY
 PARTS PER MILLION; OR
   (B)    NOTIFY  PERSONS  WHO SELL THE PLAYGROUND SURFACING MATERIALS IN
 THIS STATE THAT THE  SALE  OF  THE  PLAYGROUND  SURFACING  MATERIALS  IS
 PROHIBITED  IN  THIS STATE AND PROVIDE THE DEPARTMENT WITH A LIST OF THE
 NAMES AND ADDRESSES OF THOSE NOTIFIED.
   3. A DISTRIBUTOR OR RETAILER  OF  A  PRODUCT,  WHO  IS  NOT  ALSO  THE
 MANUFACTURER  OF  THE  PRODUCT,  SHALL  NOT BE HELD IN VIOLATION OF THIS
 TITLE IF IT CAN SHOW THAT SUCH DISTRIBUTOR OR RETAILER  RELIED  IN  GOOD
 FAITH  ON  THE CERTIFICATE OF COMPLIANCE PROVIDED FOR IN SUBDIVISION ONE
 OF SECTION 37-0405 OF THIS TITLE OR THE RETAILER RECEIVED A NOTIFICATION
 PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   4. THE DEPARTMENT SHALL MAKE INFORMATION  ABOUT  ANY  CITATION  ISSUED
 PURSUANT  TO  THIS  SECTION  AVAILABLE  TO  THE  PUBLIC  ON ITS INTERNET
 WEBSITE.
   § 2. This act shall take effect immediately.

2023-S8932A (ACTIVE) - Details

Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0123, amd §71-3703, En Con L

2023-S8932A (ACTIVE) - Summary

2023-S8932A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8932A

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
regulation of toxic substances in playground surfacing materials

 
PURPOSE:

To prohibit manufacturers from including intentionally added PFAS, PAHs,
or lead as components of playground surfacing materials.

 
SUMMARY OF PROVISIONS:

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.

 
JUSTIFICATION:

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
development.

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.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2023-S8932A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8932--A
 
                             I N  S E N A T E
 
                               April 1, 2024
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- reported favorably from said committee and committed to the Commit-
   tee  on  Finance  --  committee  discharged,  bill  amended,   ordered
   reprinted as amended and recommitted to said committee

 AN  ACT  to amend the environmental conservation law, in relation to the
   regulation of toxic substances in playground surfacing materials
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 37-0123 to read as follows:
 § 37-0123. REGULATION OF TOXIC SUBSTANCES IN PLAYGROUND SURFACING  MATE-
              RIALS.
   1. AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A)  "PLAYGROUND  SURFACING  MATERIALS"  MEANS PRODUCTS, MATERIALS, OR
 SUBSTANCES USED OR INSTALLED ON THE GROUND SURFACE OF A PLAYGROUND.
   (B)  "PLAYGROUND"  MEANS  AN  OUTDOOR  RECREATION  AREA  FOR  CHILDREN
 EQUIPPED WITH ONE OR MORE PLAY STRUCTURES.
   (C)  "MANUFACTURER"    MEANS THE PERSON THAT MANUFACTURES A PRODUCT OR
 WHOSE BRAND NAME IS AFFIXED TO THE PRODUCT. IN THE  CASE  OF  A  PRODUCT
 IMPORTED INTO THE UNITED STATES, "MANUFACTURER" INCLUDES THE IMPORTER OR
 FIRST  DOMESTIC  DISTRIBUTOR  OF THE PRODUCT IF THE PERSON THAT MANUFAC-
 TURED OR ASSEMBLED THE PRODUCT OR WHOSE BRAND NAME  IS  AFFIXED  TO  THE
 PRODUCT DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
   (D)  "PFAS"  MEANS  PERFLUOROALKYL  AND POLYFLUOROALKYL SUBSTANCES AND
 INCLUDES ANY MEMBER  OF  THE  CLASS  OF  FLUORINATED  ORGANIC  CHEMICALS
 CONTAINING AT LEAST ONE FULLY FLOURISHED CARBON ATOM.
   (E) "PAHS" MEANS POLYCYCLIC AROMATIC HYDROCARBONS.
   2.  COMMENCING  ON  JANUARY  FIRST, TWO THOUSAND TWENTY-SIX, NO PERSON
 SHALL SELL OR OFFER FOR SALE IN  THIS  STATE  ANY  PLAYGROUND  SURFACING
 MATERIAL THAT CONTAINS PFAS, PAHS, OR LEAD:
   (A) THAT HAS BEEN INTENTIONALLY ADDED; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14813-04-4

 S. 8932--A                          2
 
   (B)  AT  OR ABOVE A LEVEL THAT THE DEPARTMENT SHALL ESTABLISH BY REGU-
 LATION THAT IS THE LOWEST LEVEL THAT CAN FEASIBLY BE ACHIEVED; PROVIDED,
 HOWEVER, THAT THE DEPARTMENT SHALL REVIEW SUCH  LEVELS  AT  LEAST  EVERY
 FIVE YEARS TO DETERMINE WHETHER THEY SHOULD BE LOWERED; PROVIDED, HOWEV-
 ER, THAT IN NO EVENT SHALL SUCH LEVEL FOR LEAD BE MORE THAN NINETY PARTS
 PER MILLION.
   3.  (A)  A  MANUFACTURER  OF PLAYGROUND SURFACING MATERIALS SOLD  INTO
 THE STATE  SHALL PROVIDE  PERSONS  THAT OFFER THE PRODUCT  FOR  SALE  IN
 THE STATE WITH A CERTIFICATE OF COMPLIANCE. THE CERTIFICATE  OF  COMPLI-
 ANCE  SHALL  PROVIDE  ASSURANCE,  AT  A  MINIMUM, THAT THE PRODUCT IS IN
 COMPLIANCE WITH THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION. ANY
 CERTIFICATE OF COMPLIANCE PROVIDED UNDER THIS SECTION SHALL BE SIGNED BY
 AN AUTHORIZED OFFICIAL OF THE MANUFACTURER.
   (B) IN ADDITION TO ANY OTHER  APPLICABLE  PENALTIES,  IT  SHALL  BE  A
 VIOLATION  OF  THIS TITLE TO PROVIDE A CERTIFICATE OF  COMPLIANCE  UNDER
 PARAGRAPH (A) OF  THIS  SUBDIVISION  WHEN  A  PRODUCT  IS  KNOWINGLY  IN
 VIOLATION OF THE REQUIREMENTS OF THIS SECTION.
   4.  IF THE DEPARTMENT HAS REASON TO BELIEVE PLAYGROUND SURFACING MATE-
 RIALS BEING SOLD OR OFFERED FOR SALE THAT HAVE NOT BEEN INSTALLED  IN  A
 PLAYGROUND  ARE  NOT  IN COMPLIANCE WITH THE REQUIREMENTS OF SUBDIVISION
 TWO OF THIS SECTION, THE DEPARTMENT SHALL NOTIFY THE MANUFACTURER OF THE
 PLAYGROUND SURFACING MATERIALS, WHO SHALL, WITHIN THIRTY DAYS:
   (A) PROVIDE THE DEPARTMENT WITH  INDEPENDENT,  THIRD-PARTY  LABORATORY
 TEST  RESULTS  DEMONSTRATING THAT THE PLAYGROUND SURFACING MATERIALS ARE
 IN COMPLIANCE WITH SUBDIVISION TWO OF THIS SECTION; OR
   (B) NOTIFY PERSONS WHO SELL THE PLAYGROUND SURFACING MATERIALS IN THIS
 STATE THAT THE SALE OF THE PLAYGROUND SURFACING MATERIALS IS  PROHIBITED
 IN  THIS  STATE  AND PROVIDE THE DEPARTMENT WITH A LIST OF THE NAMES AND
 ADDRESSES OF THOSE NOTIFIED.
   5. A RETAILER OF A PRODUCT, WHO IS NOT ALSO THE  MANUFACTURER  OF  THE
 PRODUCT,  SHALL  NOT  BE  HELD  IN  VIOLATION OF SUBDIVISION TWO OF THIS
 SECTION IF IT CAN SHOW THAT SUCH RETAILER RELIED IN GOOD  FAITH  ON  THE
 CERTIFICATE  OF  COMPLIANCE  PROVIDED  FOR  IN SUBDIVISION THREE OF THIS
 SECTION.
   6. NO PART OF THIS TITLE SHALL BE CONSIDERED TO APPLY TO, REQUIRE  THE
 RECALL  OF, OR REQUIRE REIMBURSEMENT FOR, PLAYGROUND SURFACING MATERIALS
 THAT HAVE BEEN SOLD OR OFFERED FOR SALE  PRIOR  TO  JANUARY  FIRST,  TWO
 THOUSAND TWENTY-SIX.
   § 2. Section 71-3703 of the environmental conservation law is  amended
 by adding a new subdivision 8 to read as follows:
   8.  ANY  PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO FAILS TO
 PERFORM ANY DUTY IMPOSED BY SECTION 37-0123 OF THIS CHAPTER OR ANY  RULE
 OR  REGULATION PROMULGATED PURSUANT THERETO, SHALL BE LIABLE FOR A CIVIL
 PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH DAY, 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.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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