S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    73
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A.  SOLAGES, MAMDANI, SIMONE, SHIMSKY, ANDERSON,
   CHANDLER-WATERMAN, GALLAGHER, TAPIA, EACHUS,  DAVILA,  SAYEGH,  ROSEN-
   THAL,  LEVENBERG,  BURDICK,  REYES,  LUCAS, WEPRIN, BICHOTTE HERMELYN,
   TAYLOR, HEVESI, FORREST, KELLES,  SHRESTHA,  SIMON,  EPSTEIN,  COLTON,
   SEAWRIGHT  --  read  once  and  referred  to the Committee on Consumer
   Affairs and Protection
 
 AN ACT to amend the  general  business  law,  in  relation  to  labeling
   requirements for gas stoves
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Healthy Homes Right To Know Act".
   § 2. Legislative findings. The legislature finds and declares that:
   1.  New  York  has a long history of protecting its citizens by making
 sure they have adequate knowledge to make informed purchasing decisions.
   2. The public is broadly unaware of the health dangers  posed  by  gas
 stoves.  On  May  8,  2023,  ten  state attorneys general, including the
 attorney general of New York State as well as the New York  City  Corpo-
 ration  Counsel, sent a letter to the Consumer Product Safety Commission
 (CPSC), in which they asserted, "Most of the research  and  evidence  on
 the  health  risks associated with elevated levels of emissions from gas
 appliances has been circulated among decisionmakers and  engaged  stake-
 holders.  This  has  left the public to try to piece together health and
 safety information--which can be false or misleading--from the internet,
 social media, and other non-authoritative sources. Thus, when  it  comes
 to gas stove emissions, consumers are presently unprotected against, and
 inadequately  informed about, the health hazards these appliances pose."
 Those dangers may now be particularly acute as, according  to  the  U.S.
 Environmental  Protection  Agency, "Americans on average, spend approxi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00310-01-5
              

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 mately 90% of their time indoors where concentrations of some pollutants
 are often 2 to 5 times higher than typical outdoor concentrations."
   3.  The  same letter suggests, "requiring warning labels on gas stoves
 that provide more information on their health risks". The letter goes on
 to say, "Proper labeling on gas stoves would represent an important step
 in helping to educate consumers about the health risks  associated  with
 gas  stoves. Providing this information upfront is essential to enabling
 consumers to make a fully informed decision."
   4. Current New York state regulations regarding  unvented  gas  appli-
 ances are inconsistent. Since there is no statewide requirement that gas
 stoves be ventilated to the outdoors, a precautionary approach to public
 safety requires that these appliances be treated as unvented.
   5. Although the research regarding the impacts of unvented gas heaters
 is vastly less robust than that regarding gas stoves, the New York State
 Department  of Health nonetheless adopted regulations in January of 2023
 to require labeling of unvented gas heaters  including,  "WARNING:  This
 appliance produces CARBON MONOXIDE, a poisonous gas. You MUST use carbon
 monoxide  alarms  to  avoid  injury or death". Labeling requirements for
 unvented heaters in California also include  warnings  of  exposure  to:
 "...chemicals including benzene, which is known to the state of Califor-
 nia to cause cancer and cause birth defects or other reproductive harm".
   6.  Given that the research regarding gas stoves is even more complete
 and compelling, New York State should also act to inform the  public  as
 has already been done with unvented gas heaters.
   7. The scientific consensus on gas stove emissions is robust and grow-
 ing.    It  is  now  understood that gas stoves can emit carbon monoxide
 (CO), nitrogen dioxide (NO2), benzene, and formaldehyde.  Methane  emis-
 sions  can occur even when the gas stove is turned off. According to the
 Concerned Health Professionals of New York and the Physicians for Social
 Responsibility, "Nearly three-quarters of  methane  emissions  from  gas
 stoves  take  place while the stove is turned off and not in use. At the
 same time levels of hazardous air pollutants from everyday  use  of  gas
 stoves  often exceed the limits of outdoor air quality standards. Indoor
 concentrations are often much higher than  health-protective  guidelines
 set by the World Health Organization."
   8.  According  to  the  Centers  for  Disease  Control and Prevention,
 "Carbon monoxide, or "CO," is an odorless, colorless gas that  can  kill
 you".  The New York State Department of Health refers to carbon monoxide
 as a poisonous gas. Approximately 430 people die each year  from  carbon
 monoxide exposure. Thousands more become ill and seek medical attention.
 Carbon  monoxide  poisoning is estimated to cause more than 50,000 emer-
 gency room visits in the United States each year. According to  the  New
 York State Department of Health, annually, "In New York State, about 200
 people  are hospitalized and over 1800 people visit an emergency depart-
 ment because of accidental CO  poisoning."  The  numbers  of  accidental
 poisonings  are on the rise. The U.S. Consumer Product Safety Commission
 "found evidence of a statistically significant upward trend in  non-fire
 CO  deaths  for  the  11-year  period  from  2009 to 2019". According to
 Preventative Medicine reports, "Accidental, non-fire  related  poisoning
 accounts for over $1.3 billion annually in societal costs."
   9. Notably, while carbon monoxide alarms are an important preventative
 measure  to  lower  the  risk of carbon monoxide poisoning, they are not
 guaranteed to be effective. According to the  National  Carbon  Monoxide
 Awareness  Association:  "Only 14% of families in the US have a properly
 functioning carbon monoxide alarm". An earlier  report  showed  that  in
 A. 73                               3
 
 2009,  83% of NYC residents reported having CO alarms. However, only 54%
 of them had recently tested or replaced their batteries.
   10.  Nitrogen  dioxide, or NO2, is a gaseous air pollutant composed of
 nitrogen and oxygen and is formed when fossil fuels are burned. The  EPA
 has  determined that NO2 is "causal" of more severe respiratory symptoms
 in people with asthma and that long-term  exposure  to  NO2  is  "likely
 causal" of respiratory illnesses such as asthma. The New England Journal
 of  Medicine  has  found  that,  "Gas  combustion in stoves, boilers and
 furnaces generates oxides of nitrogen," to which the article attributes,
 "Increased  asthma  risk;  exacerbation  of  COPD   and   cardiovascular
 disease".    The  EPA  includes  NO2 on its list of asthma triggers, and
 "unvented combustion appliances, e.g. gas stoves" is first on  its  list
 of "primary sources of NO2 indoors".
   11. Each year, asthma accounts for more than 439,000 hospitalizations,
 1.6  million  emergency  department  visits,  and 10.5 million physician
 office visits in the United States. About 10 people die from the disease
 every day. Asthma has been linked to 13.8 million missed school days and
 14.2 million missed workdays annually. The cost of  treating  asthma  in
 the United States is $62.8 billion every year.
   12.  A  2013 meta-analysis of 41 studies found that children living in
 homes with gas stoves had a 42 percent higher risk of experiencing asth-
 ma symptoms, and, over their lifetime, a 24 percent increase in the risk
 of being diagnosed with asthma, and a 2022 peer-reviewed research  paper
 published  in  the  International  Journal of Environmental Research and
 Public Health found that more than 12% of current childhood asthma cases
 in the US can be attributed to gas stove use. The  same  paper  suggests
 that  attribution  number  is  18.8% of children with asthma in New York
 State.
   13. The asthma crisis does not equally affect all  New  York  communi-
 ties.  Black Americans are approximately two times more likely to die of
 asthma  than  White Americans. Further, the percentage of Black children
 in the U.S. suffering from asthma is nearly twice that  of  White  chil-
 dren,  and  their  death  rate  is ten times higher. According to a 2023
 joint report from the New York State Department of Health  and  the  New
 York City Department of Health and Mental Hygiene, "The burden of asthma
 falls disproportionately among specific demographic groups, specifically
 for  persons and communities of color, where asthma prevalence is higher
 among Black, American Indian, and multiracial New Yorkers." The  Centers
 for  Disease  Control  and  Prevention  concurs  with  the assessment of
 disproportionate burden.
   14. While the age-adjusted asthma mortality rate for New York City  is
 higher  than for New York State as a whole, with the Bronx demonstrating
 a notably higher mortality rate than the other  boroughs,  this  problem
 should  not  be construed as a New York City issue. Other hotspots exist
 around the state. For example, years of academic research  has  convinc-
 ingly  demonstrated  alarmingly  high  rates of asthma on Buffalo's West
 Side. A study by  Dr.  Lwebuga-Mukasa,  Professor  of  Medicine  at  the
 University  of  Buffalo,  found that "nearly 45% of West Side households
 reported at least one case of chronic respiratory illness or asthma".
   15. Gas and propane combustion from gas stoves emits benzene. A  study
 from  the  Stanford  Woods  Institute  for  the Environment found that a
 single gas cooktop burner set on high, or an oven  set  at  350  degrees
 Fahrenheit  can,  "raise  indoor  levels of the carcinogen benzene above
 those of secondhand smoke". According to the World Health  Organization,
 "Human exposure to benzene has been associated with a range of acute and
 A. 73                               4
 
 long-term  adverse  health  effects  and  diseases, including cancer and
 haematological effects."
   16. Formaldehyde is listed as a human carcinogen and has been found at
 more elevated levels associated with gas burners set to "simmer".
   17.  Ventilation  of  gas  stove emissions to the outdoors can improve
 indoor air quality. However, many homeowners do  not  have  ventilation,
 and it is not required by state law. In addition, studies also show that
 many  people  who have ventilation systems don't use them, often because
 of noise concerns. Vents can become blocked with debris and  the  effec-
 tiveness  of  ventilation  systems  can be compromised by changes in air
 pressure in the building envelope caused by the opening  of  windows  or
 doors  or  the  activation  of  bathroom fans, for example. Lastly, some
 people with range hoods may be under the mistaken belief that pollutants
 are being vented outdoors when in fact many hoods simply recirculate the
 air into the kitchen after filtering it. The effectiveness of filtration
 varies widely and is  partially  based  on  active  maintenance  of  the
 filtration system.
   18.  Therefore  it  is the intent of the legislature to promote public
 health, support informed consumer choice, and create  consistent  public
 policy,  by  requiring labeling and signage regarding the health impacts
 of gas stoves.
   § 3. The general business law is amended by adding a new section 322-d
 to read as follows:
   § 322-D. LABELING REQUIREMENTS FOR GAS STOVES. 1. FOR THE PURPOSES  OF
 THIS  SECTION,  "GAS STOVE" MEANS A STOVE OR RANGE THAT UTILIZES NATURAL
 GAS OR PROPANE AND IS USED FOR FOOD PREPARATION, WHETHER IN A COMMERCIAL
 OR RESIDENTIAL SETTING, AND PROVIDES AT LEAST ONE OF THE FOLLOWING FUNC-
 TIONS:
   (A) SURFACE COOKING;
   (B) OVEN COOKING; OR
   (C) BROILING.
   2. NO PERSON, FIRM, PARTNERSHIP,  ASSOCIATION,  OR  CORPORATION  SHALL
 SELL  OR  OFFER  FOR  SALE AT RETAIL TO A CONSUMER IN THIS STATE ANY GAS
 STOVE UNLESS THE FOLLOWING REQUIREMENTS ARE MET:
   (A) A REMOVABLE LABEL IS AFFIXED TO THE GAS STOVE  IF  SUCH  STOVE  IS
 DISPLAYED  FOR  SALE OUTSIDE OF A PACKAGE, OR THE PACKAGE IN WHICH IT IS
 CONTAINED, WITH A TYPE SIZE NO SMALLER THAN THE LARGEST TYPE  SIZE  USED
 FOR OTHER CONSUMER INFORMATION ON THE PRODUCT OR PACKAGE, IS IN A PROMI-
 NENT LOCATION, AND BEARS THE FOLLOWING MESSAGE:
   "WARNING:  GAS STOVES CAN EMIT GASES (SUCH AS NITROGEN DIOXIDE, CARBON
   MONOXIDE, BENZENE, AND FORMALDEHYDE) INSIDE HOMES AT LEVELS  EXCEEDING
   THE  EPA'S  STANDARDS  FOR OUTDOOR AIR QUALITY.  THE PRESENCE OF THESE
   POLLUTANTS CAN AFFECT YOUR HEALTH AND MAY EXACERBATE OR CONTRIBUTE  TO
   THE DEVELOPMENT OF RESPIRATORY ILLNESSES. PROPERLY INSTALLED AND OPER-
   ATING  VENTILATION  TO THE OUTDOORS CAN REDUCE BUT NOT ELIMINATE EMIS-
   SIONS."
   (B) (I) A SIGN OR POSTER SHALL BE DISPLAYED CONSPICUOUSLY AT THE PREM-
 ISES ON WHICH THE SALE TAKES PLACE BEARING THE MESSAGE REQUIRED BY PARA-
 GRAPH (A) OF THIS SUBDIVISION. SUCH SIGN OR POSTER MUST HAVE CONSPICUOUS
 LETTERING IN AT LEAST SEVENTY-TWO POINT BOLD FACE TYPE, EXCEPT THAT  THE
 WORD  "WARNING"  SHALL  BE  IN AT LEAST TWO-INCH LETTERING. SUCH SIGN OR
 POSTER SHALL BE PLACED AS CLOSE AS  POSSIBLE  TO  THE  PLACE  WHERE  GAS
 STOVES  ARE DISPLAYED FOR SALE SO THAT IT IS NOTICEABLE AND EASILY READ-
 ABLE BY A CONSUMER EXAMINING ANY DISPLAYED GAS STOVES FOR SALE.
   (II) IF THE SALE TAKES PLACE ON THE INTERNET, A NOTICE SHALL BE POSTED
 IN A CONSPICUOUS LOCATION ON THE WEB PAGE ON  WHICH  THE  GAS  STOVE  IS
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 LISTED  FOR  SALE, BEARING THE MESSAGE REQUIRED BY PARAGRAPH (A) OF THIS
 SUBDIVISION.
   3.  THE DEPARTMENT OF STATE MAY ADOPT REGULATIONS REGARDING THE PLACE-
 MENT AND FORMAT OF LABELS,  SIGNS,  AND  POSTERS  TO  COMPLY  WITH  THIS
 SECTION.
   4. ANY PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION SHALL RECEIVE
 A  WARNING NOTICE FOR THE FIRST SUCH VIOLATION. A PERSON SHALL BE LIABLE
 TO THE STATE OF NEW YORK FOR A CIVIL PENALTY NOT TO EXCEED  TWO  HUNDRED
 FIFTY  DOLLARS  FOR  THE SECOND VIOLATION AND NOT TO EXCEED ONE THOUSAND
 DOLLARS FOR ANY SUBSEQUENT VIOLATION. A HEARING  OR  OPPORTUNITY  TO  BE
 HEARD SHALL BE PROVIDED PRIOR TO THE ASSESSMENT OF ANY CIVIL PENALTY.
   5.  THE DEPARTMENT OF STATE AND THE OFFICE OF THE ATTORNEY GENERAL ARE
 AUTHORIZED TO ENFORCE THE PROVISIONS OF THIS SECTION.
   § 4. This act shall take effect one year after it shall have become  a
 law.