NY State Senate Bill 2025-S3852

Senate Bill S3852

2025-2026 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 - On Floor Calendar

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
Feb 12, 2025	2nd report cal.
Feb 11, 2025	1st report cal.329
Jan 30, 2025	referred to environmental conservation

Votes

- Feb 11, 2025 - Environmental Conservation Committee Vote
  S3852
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Feb 11, 2025
      
      aye (11)
      
      Bynoe
      
      Canzoneri-Fitzpatrick
      
      Fahy
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Kavanagh
      
      May
      
      Palumbo
      
      Serrano
      
      Stec

2025-S3852 (ACTIVE) - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0123, amd §71-3703, En Con L
Versions Introduced in 2023-2024 Legislative Session:: S8932

2025-S3852 (ACTIVE) - 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, 2027; 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.

2025-S3852 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3852

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 one 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 one also prohibits manufacturers from selling
playground surfacing materials containing PFAS, PAHs, or lead at or
above a level determined by the Department of Environmental Conserva-
tion. It requires manufacturers to provide individuals who sell play-

ground surfacing materials in the state with a certificate of compli-
ance.

Section two 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 three 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 undermines 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:

2023-2024: S8932 - Passed Senate

 
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.

2025-S3852 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3852
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 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. 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-SEVEN,  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.
                                                            LBD08124-01-5
 S. 3852                             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-SEVEN.
   § 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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