S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1053--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Governmental Operations  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the general business law, in relation to the recall of
   class B firefighting foam and prohibiting the sale or distribution  of
   firefighting personal protective equipment that contains intentionally
   added  PFAS;  and  to  repeal  certain provisions of such law relating
   thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b)  of  subdivision 4 of section 391-u of the
 general business law, as added by chapter 88 of the  laws  of  2020,  is
 amended to read as follows:
   (b)  A manufacturer that [produces, sells, or distributes] AT ANY TIME
 MANUFACTURED, SOLD, OFFERED FOR SALE, OR DISTRIBUTED FOR SALE OR  USE  a
 class  B  firefighting  foam  prohibited under subdivision three of this
 section shall recall [the] SUCH product[, which includes].  SUCH  RECALL
 SHALL   INCLUDE  collection,  transport,  treatment,  storage  and  safe
 [disposal, after the implementation date of the restrictions  set  forth
 in  subdivision three of this section and reimburse] DESTRUCTION OF PFAS
 CHEMICALS THROUGH OR BY A METHOD APPROVED BY THE DEPARTMENT OF  ENVIRON-
 MENTAL  CONSERVATION,  AND  REIMBURSEMENT  OF  the retailer or any other
 purchaser for [the] SUCH product.
   § 2. Subdivision 1 of section 391-u of the general  business  law,  as
 added  by  chapter  88  of  the laws of 2020, is amended by adding a new
 paragraph (h) to read as follows:
   (H) "INTENTIONALLY ADDED" SHALL  HAVE  THE  SAME  MEANING  AS  "INTEN-
 TIONALLY  ADDED  CHEMICAL"  SET  FORTH  IN  SUBDIVISION  FOUR OF SECTION
 37-0121 OF THE ENVIRONMENTAL CONSERVATION LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00714-06-5
 A. 1053--A                          2
 
              

   § 3. Paragraph (b) of subdivision 3 of section 391-u  of  the  general
 business  law,  as amended by chapter 88 of the laws of 2020, is amended
 to read as follows:
   (b)  The  restrictions  in paragraph (a) of this subdivision shall not
 apply to the manufacture, sale, or distribution of class B  firefighting
 foam:
   (1)  For  use  in  suppressing  or preventing an ignitable liquid fire
 where the office of fire prevention and control,  in  consultation  with
 the  department  of  environmental  conservation  and  the department of
 health, through promulgation of a rule, exempts a use of class  B  fire-
 fighting  foam  on  the  basis that an alternative firefighting agent to
 which PFAS chemicals have not  been  intentionally  added  and  that  is
 effective  in  suppressing or preventing an ignitable liquid fire is not
 available. If the office of fire prevention and control exempts a use of
 class B firefighting foam from the restrictions in paragraph (a) of this
 subdivision, it shall  re-evaluate  available  alternative  firefighting
 agents  at  least  every  two  years as long as the exemption remains in
 place, and repeal such exemption upon  a  finding  that  an  alternative
 firefighting  agent  to which PFAS chemicals have not been intentionally
 added is available that is effective in  suppressing  or  preventing  an
 ignitable liquid fire.
   (2)  Where the inclusion of PFAS chemicals are required by federal law
 or regulations. In the event that applicable federal laws or regulations
 change after the effective date of this section  to  allow  the  use  of
 effective alternative firefighting agents that do not contain PFAS chem-
 icals, the office of fire prevention and control [may] SHALL adopt rules
 that restrict PFAS chemicals for the manufacture, sale, and distribution
 of  firefighting  foam for uses that are addressed by the federal law or
 regulation.
   § 4. Subdivision 5 of section 391-u of the general  business  law,  as
 added  by  chapter  88  of  the laws of 2020, is amended by adding a new
 paragraph (c) to read as follows:
   (C) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, A MANUFACTURER
 SHALL NOT MANUFACTURE, KNOWINGLY SELL, OFFER FOR  SALE,  DISTRIBUTE  FOR
 SALE  OR  DISTRIBUTE  FOR  USE  IN  THE  STATE ANY FIREFIGHTING PERSONAL
 PROTECTIVE EQUIPMENT TO WHICH PFAS  CHEMICALS  HAVE  BEEN  INTENTIONALLY
 ADDED.
   §  5.  Paragraphs (a) and (b) of subdivision 5 of section 391-u of the
 general business law, as added by chapter 88 of the laws  of  2020,  are
 REPEALED.
   §  6.  Paragraph  (c) of subdivision 5 of section 391-u of the general
 business law, as added by section four of this act, is  redesignated  as
 subdivision 5.
   §  7.  Subdivision  6 of section 391-u of the general business law, as
 added by chapter 88 of the laws of 2020, is amended to read as follows:
   6. The office of fire prevention and control  may  issue  guidance  to
 state  agencies,  fire  protection  districts  and  local governments in
 avoiding the purchase or use of class B firefighting foams to which PFAS
 chemicals have been intentionally added [and to give priority and  pref-
 erence  to  the  purchase  of firefighting personal protective equipment
 that does not contain PFAS chemicals].
   § 8. This act shall take effect immediately; provided,  however,  that
 sections  five,  six  and seven of this act shall take effect January 1,
 2028.