NY State Senate Bill 2025-S3659A

Senate Bill S3659A

2025-2026 Legislative Session

Relates to the recall of class B firefighting foam that contains intentionally added PFAS; repealer

download bill text pdf

Current Bill Status - In Senate Committee Consumer Protection 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 20, 2025	print number 3659a
Mar 20, 2025	amend (t) and recommit to consumer protection
Jan 29, 2025	referred to consumer protection

Bill Amendments

Original

A (Active)

2025-S3659 - Details

See Assembly Version of this Bill:: A1053
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §391-u, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: S7136, A10510

2025-S3659 - Summary

Relates to the recall of a class B firefighting foam; prohibits the sale or distribution of firefighting personal protective equipment that contains intentionally added PFAS.

2025-S3659 - Sponsor Memo

                                 
BILL NUMBER: S3659

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the general business law, in relation to the recall of
class B firefighting foam that contains intentionally added PFAS

 
PURPOSE:

To amend the law requiring manufacturers recall class B firefighting
foam to clarify the scope of products required to be recalled

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 4b of the general business law to clarify that
the required recall of class B firefighting foam under that section
applies to manufactures that currently sell or previously sold such
foam, and that the products recalled include those distributed prior to
and after March twenty-second, two thousand twenty-two, and that such a
recall must occur within two years of the implementation date of the
restrictions in that section.

Section 2 establishes the effective date.

 
JUSTIFICATION:

Chapter 702 of 2019 banned the inclusion of certain perfluoroalkyl and
polyfluoroalkyl (PFAS) chemicals in fire-fighting foam in New York
state, reflecting the dangers these man-made chemicals pose to public
health and the environment and in line with federal and international
efforts to curb the use of such chemicals.

Though that law made clear that the sale and manufacture of firefighting
products with PFAS was banned going forward, questions have arisen as to
whether the prohibition applies retroactively, and as to whether it
requires the recall of products sold or manufactured before the law's
effective date.

This bill clarifies that the law, in addition to requiring current
manufacturers to recall the products they produce, sell, or distribute,
also requires manufacturers that at any time produced, sold, or distrib-
uted class B firefighting foam with PFAS to recall all of that product,
whether it was sold or distributed before or after the effective date of
the law. The bill further adds the requirement that such a recall must
occur within two years after the implementation date of the restrictions
of the law.

 
LEGISLATIVE HISTORY:

S.7136 of 2023-2024 (Hoylman-Sigal): Died in Consumer Protection

A. 10510 of 2023-2024 (Steck): Died in Governmental Operations

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S3659 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3659
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation to the  recall  of
   class B firefighting foam that contains intentionally added PFAS

   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
 PRODUCED,  SOLD,  OR DISTRIBUTED a class B firefighting foam [prohibited
 under subdivision three of this  section]  THAT  CONTAINS  INTENTIONALLY
 ADDED  PFAS  shall  recall  ALL OF the product, [which includes] SOLD OR
 OTHERWISE DISTRIBUTED PRIOR TO OR AFTER MARCH TWENTY-SECOND,  TWO  THOU-
 SAND  TWENTY-TWO.  THIS  SHALL  ENTAIL collection, transport, treatment,
 storage and safe disposal, WITHIN TWO  YEARS  after  the  implementation
 date  of the restrictions set forth in subdivision three of this section
 and reimburse the retailer or any other purchaser for the product.
   § 2.  This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00714-01-5

co-Sponsors

2025-S3659A (ACTIVE) - Details

See Assembly Version of this Bill:: A1053
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §391-u, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: S7136, A10510

2025-S3659A (ACTIVE) - Summary

Relates to the recall of a class B firefighting foam; prohibits the sale or distribution of firefighting personal protective equipment that contains intentionally added PFAS.

2025-S3659A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3659A

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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 there-
to

 
PURPOSE:

To amend the law requiring manufacturers recall class B firefighting
foam to clarify the scope of products required to be recalled

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 4b of the general business law to clarify that
the required recall of class B firefighting foam under that section
applies to manufactures that currently sell or previously sold such
foam, and that the products recalled include those distributed prior to

and after March twenty-second, two thousand twenty-two, and that such a
recall must occur within two years of the implementation date of the
restrictions in that section.

Section 2 establishes the effective date.

 
JUSTIFICATION:

Chapter 702 of 2019 banned the inclusion of certain perfluoroalkyl and
polyfluoroalkyl (PFAS) chemicals in fire-fighting foam in New York
state, reflecting the dangers these man-made chemicals pose to public
health and the environment and in line with federal and international
efforts to curb the use of such chemicals.

Though that law made clear that the sale and manufacture of firefighting
products with PFAS was banned going forward, questions have arisen as to
whether the prohibition applies retroactively, and as to whether it
requires the recall of products sold or manufactured before the law's
effective date.

This bill clarifies that the law, in addition to requiring current
manufacturers to recall the products they produce, sell, or distribute,
also requires manufacturers that at any time produced, sold, or distrib-
uted class B firefighting foam with PFAS to recall all of that product,
whether it was sold or distributed before or after the effective date of
the law. The bill further adds the requirement that such a recall must
occur within two years after the implementation date of the restrictions
of the law.

 
LEGISLATIVE HISTORY:

S.7136 of 2023-2024 (Hoylman-Sigal): Died in Consumer Protection

A. 10510 of 2023-2024 (Steck): Died in Governmental Operations

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S3659A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3659--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on  Consumer  Protection
   --  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.
                                                            LBD00714-07-5
 S. 3659--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.

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