NY State Senate Bill 2023-S1322

Senate Bill S1322

Signed By Governor

2023-2024 Legislative Session

Prohibits the use of perfluoroalkyl and polyfluoroalkyl substances in apparel and outdoor apparel for severe wet conditions

download bill text pdf

Current Bill Status - Signed by Governor

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
Mar 24, 2023	signed chap.111 delivered to governor
Mar 20, 2023	returned to senate passed assembly ordered to third reading rules cal.93 substituted for a994
Feb 15, 2023	referred to codes delivered to assembly passed senate
Jan 17, 2023	ordered to third reading cal.90
Jan 11, 2023	referred to rules

Votes

- Feb 15, 2023 - Floor Vote
  S1322
  
  51
  
  Aye
  
  8
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 15, 2023
      
      aye (51)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Scarcella-Spanton
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      nay (8)
      
      Borrello
      
      Griffo
      
      Lanza
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Stec
      
      Tedisco
      
      excused (4)
      
      Gallivan
      
      Sanders Jr.
      
      Sepúlveda
      
      Thomas
  Jan 17, 2023 - Rules Committee Vote
  S1322
  
  13
  
  Aye
  
  5
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 17, 2023
      
      aye (13)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      Thomas
      
      nay (5)
      
      Griffo
      
      Lanza
      
      O'Mara
      
      Ortt
      
      Stec
      
      aye wr (2)
      
      Gallivan
      
      Helming
      
      excused (1)
      
      Mayer

2023-S1322 (ACTIVE) - Details

See Assembly Version of this Bill:: A994
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§37-0121 & 71-3703, En Con L (as proposed in S.6291-A & A.7063-A)

2023-S1322 (ACTIVE) - Summary

Prohibits the use of perfluoroalkyl and polyfluoroalkyl substances in apparel and outdoor apparel for severe wet conditions.

2023-S1322 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1322

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This is a chapter amendment that makes changes to provisions of chapter
820 of the laws of 2022 to build out the regulatory and enforcement
structure for implementing the provisions of the underlying chapter, add
restrictions on apparel containing unintentionally added perfluoroalkyl
and polyfluoroalkyl substances

(PFAS), and to provide additional time for implementation.

 
SUMMARY OF PROVISIONS:

Section 1:

(a) Adds a prohibition on the sale of apparel containing unintentionally
PFAS at an amount to be set by the Department of Environmental Conserva-
tion (DEC) in regulation;

(b) Establishes a ban on PFAS in apparel for severe wet conditions;

(c) Sets staggered enforcement dates for the prohibitions;

(d) Adds additional definitions;

(e) Provides a safe harbor for sellers of apparel who have a certificate
of compliance from the manufacturer; and

(f) Creates a new violation for issuing a false compliance certificate.

Section 2 sets forth applicable penalties for violations.

Section 3 sets the effective date.

 
JUSTIFICATION:

This legislation is a negotiated change to the underlying chapter,
addressing concerns regarding sufficient time for implementation and
sufficient regulatory and enforcement framework. To strengthen the
protections for consumers, it also bans the sale of apparel for severe
wet conditions containing PFAS, and the sale of apparel containing unin-
tentionally added PFAS.

 
PRIOR LEGISLATIVE HISTORY:

Chapter amendment to Chapter 820 of the Laws of 2022. S.6291A and A7063A
both passed the Senate and Assembly, respectfully, in May 2022.

 
FISCAL IMPLICATIONS:

Any small costs can be accommodated with existing resources.
 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as
chapter 820 of the laws of 2022.

2023-S1322 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1322
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules
 
 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
 S. 1322                             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:
 S. 1322                             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.

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