S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5648--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  SKOUFIS -- read twice and ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental Conservation -- committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting the sale of products that contain intentionally added PFAS
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 37 of the environmental conservation law is amended
 by adding a new title 4 to read as follows:
                                 TITLE IV
     PRODUCTS CONTAINING PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
 SECTION 37-0401. DEFINITIONS.
         37-0403. PROHIBITION ON SALE OF COVERED PRODUCTS.
         37-0405. REQUIRED NOTIFICATION.
         37-0407. VIOLATIONS.
 § 37-0401. DEFINITIONS.
   FOR  PURPOSES  OF  THIS  TITLE, THE FOLLOWING TERMS HAVE THE FOLLOWING
 DEFINITIONS:
   1. "COVERED PRODUCT" MEANS TEXTILE ARTICLES, RUGS, FABRIC  TREATMENTS,
 COOKWARE, SKI WAXES, ARCHITECTURAL PAINTS, CHILDREN'S PRODUCTS OR CLEAN-
 ING PRODUCTS, OR A COMPONENT THEREOF.
   2.  "PERFLUOROALKYL  AND POLYFLUOROALKYL SUBSTANCES" OR "PFAS" MEANS A
 CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING  AT  LEAST  ONE  FULLY
 FLUORINATED CARBON ATOM.
   3. "REGULATED PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES" OR "REGU-
 LATED PFAS" MEANS PFAS THAT ARE:
   (A)  AN  INTENTIONALLY ADDED CHEMICAL AS DEFINED IN SUBDIVISION ELEVEN
 OF SECTION 37-0901 OF THIS ARTICLE; OR
   (B) PRESENT IN A PRODUCT OR PRODUCT COMPONENT AT OR ABOVE THE  PRACTI-
 CAL QUANTITATION LIMIT, AS MEASURED IN TOTAL ORGANIC FLUORINE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04738-03-3
              

 S. 5648--A                          2
 
   4.  "ARCHITECTURAL  PAINT"  MEANS  INTERIOR AND EXTERIOR ARCHITECTURAL
 COATINGS;  PROVIDED,  HOWEVER,  THAT  "ARCHITECTURAL  PAINT"  SHALL  NOT
 INCLUDE INDUSTRIAL, ORIGINAL EQUIPMENT OR SPECIALTY COATINGS.
   5. "CHILDREN'S PRODUCTS" MEANS A PRODUCT AS DEFINED IN SECTION 37-0901
 OF THIS ARTICLE.
   6. (A) "CLEANING PRODUCT" MEANS A FINISHED PRODUCT THAT IS AN AIR CARE
 PRODUCT,  AUTOMOTIVE  PRODUCT,  GENERAL CLEANING PRODUCT, OR A POLISH OR
 FLOOR MAINTENANCE PRODUCT USED PRIMARILY FOR  JANITORIAL,  DOMESTIC,  OR
 INSTITUTIONAL CLEANING PURPOSES.
   (I)  "AIR CARE PRODUCT" MEANS A CHEMICALLY FORMULATED CONSUMER PRODUCT
 LABELED TO INDICATE THAT THE PURPOSE OF THE PRODUCT  IS  TO  ENHANCE  OR
 CONDITION  THE  INDOOR  ENVIRONMENT  BY  ELIMINATING UNPLEASANT ODORS OR
 FRESHENING THE AIR.
   (II) "AUTOMOTIVE PRODUCT" MEANS A CHEMICALLY FORMULATED CONSUMER PROD-
 UCT LABELED TO INDICATE THAT THE PURPOSE OF THE PRODUCT IS  TO  MAINTAIN
 THE  APPEARANCE  OF  A  MOTOR VEHICLE, AS DEFINED IN SECTION ONE HUNDRED
 TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW, INCLUDING PRODUCTS FOR WASH-
 ING, WAXING, POLISHING, CLEANING, OR TREATING THE EXTERIOR  OR  INTERIOR
 SURFACES  OF MOTOR VEHICLES. "AUTOMOTIVE PRODUCT" DOES NOT INCLUDE AUTO-
 MOTIVE PAINT OR PAINT REPAIR PRODUCTS.
   (III) "GENERAL CLEANING PRODUCT" MEANS A  SOAP,  DETERGENT,  OR  OTHER
 CHEMICALLY  FORMULATED  CONSUMER  PRODUCT  LABELED  TO INDICATE THAT THE
 PURPOSE OF THE PRODUCT IS TO CLEAN, DISINFECT,  OR  OTHERWISE  CARE  FOR
 FABRIC,  DISHES, OR OTHER WARES; SURFACES INCLUDING, BUT NOT LIMITED TO,
 FLOORS, FURNITURE,  COUNTERTOPS,  SHOWERS,  AND  BATHS;  OR  OTHER  HARD
 SURFACES, SUCH AS STOVETOPS, MICROWAVES, AND OTHER APPLIANCES.
   (IV)  "POLISH  OR FLOOR MAINTENANCE PRODUCT" MEANS A CHEMICALLY FORMU-
 LATED CONSUMER PRODUCT, SUCH AS POLISH, WAX, A STRIPPER, OR A  RESTORER,
 LABELED  TO  INDICATE  THAT  THE  PURPOSE  OF  THE PRODUCT IS TO POLISH,
 PROTECT, BUFF, CONDITION, TEMPORARILY SEAL, STRIP,  OR  MAINTAIN  FURNI-
 TURE, FLOORS, METAL, LEATHER, OR OTHER SURFACES.
   (B) "CLEANING PRODUCT" SHALL NOT MEAN ANY OF THE FOLLOWING:
   (I) FOODS, DRUGS, AND COSMETICS, INCLUDING PERSONAL CARE ITEMS SUCH AS
 TOOTHPASTE, SHAMPOO, AND HAND SOAP.
   (II) INDUSTRIAL PRODUCTS SPECIFICALLY MANUFACTURED FOR, AND EXCLUSIVE-
 LY  USED  IN  THE  FOLLOWING:  OIL AND GAS PRODUCTION; STEEL PRODUCTION;
 HEAVY INDUSTRY MANUFACTURING;  INDUSTRIAL  WATER  TREATMENT;  INDUSTRIAL
 TEXTILE  MAINTENANCE  AND  PROCESSING  OTHER THAN INDUSTRIAL LAUNDERING;
 FOOD AND BEVERAGE PROCESSING AND PACKAGING; OR OTHER INDUSTRIAL MANUFAC-
 TURING PROCESSES.
   7. "COOKWARE" MEANS DURABLE ITEMS THAT ARE USED IN HOMES, RESTAURANTS,
 INSTITUTIONAL, AND COMMERCIAL KITCHENS TO PREPARE,  DISPENSE,  OR  STORE
 FOOD,  FOODSTUFFS,  OR  BEVERAGES  FOR INDOOR OR OUTDOOR USE. "COOKWARE"
 INCLUDES, BUT IS NOT LIMITED TO, POTS, PANS,  SKILLETS,  GRILLS,  BAKING
 SHEETS, BAKING MOLDS, TRAYS, BOWLS, CAMPING GEAR, AND COOKING UTENSILS.
   8. "FABRIC TREATMENT" MEANS A SUBSTANCE APPLIED TO A FABRIC FOR STAIN,
 GREASE, OR WATER RESISTANCE.
   9.  "MANUFACTURER"  MEANS  ANY  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.
   10.  "RUGS" MEANS ANY CONSUMER PRODUCTS MADE FROM NATURAL OR SYNTHETIC
 FABRIC INTENDED TO BE USED AS A FLOOR COVERING, OTHER THAN CARPETS,  AND
 INCLUDES HANDMADE RUGS, AREA RUGS, OR MATS.
 S. 5648--A                          3
 
   11. "SKI WAX" MEANS A LUBRICANT APPLIED TO THE BOTTOM OF SNOW RUNNERS,
 INCLUDING  SKIS  AND SNOWBOARDS, TO IMPROVE THEIR GRIP AND GLIDE PROPER-
 TIES.
   12.  "TEXTILE" MEANS ANY ITEM MADE IN WHOLE OR IN PART FROM A NATURAL,
 MAN-MADE, OR SYNTHETIC FIBER, YARN, OR FABRIC.  TEXTILE INCLUDES, BUT IS
 NOT LIMITED TO, THE FOLLOWING: LEATHER, COTTON, SILK, JUTE, HEMP,  WOOL,
 VISCOSE,  NYLON,  OR  POLYESTER.   "TEXTILE" DOES NOT INCLUDE SINGLE-USE
 PAPER HYGIENE PRODUCTS, INCLUDING, BUT NOT  LIMITED  TO,  TOILET  PAPER,
 PAPER  TOWELS  OR TISSUES, OR SINGLE-USE ABSORBENT HYGIENE PRODUCTS. FOR
 THE PURPOSES OF  THIS  SUBDIVISION,  "SINGLE-USE"  MEANS  CONVENTIONALLY
 DISPOSED  OF  AFTER A SINGLE USE OR NOT SUFFICIENTLY DURABLE OR WASHABLE
 TO BE, OR NOT INTENDED TO BE, RESUABLE OR REFILLABLE.
   13. "TEXTILE ARTICLES" MEANS  NON-WEARABLE  TEXTILE  GOODS,  FOOTWEAR,
 COSTUMES AND ACCESSORIES.  FOR THE PURPOSES OF THIS TITLE, TEXTILE ARTI-
 CLES DO NOT INCLUDE RUGS OR PERSONAL PROTECTIVE EQUIPMENT.
   14. "NON-WEARABLE TEXTILE GOODS" MEANS TEXTILE GOODS OF A TYPE CUSTOM-
 ARILY  USED  IN HOUSEHOLDS AND BUSINESSES THAT ARE NOT CUSTOMARILY WORN.
 TEXTILE ARTICLES INCLUDE, BUT ARE NOT LIMITED TO,  HANDBAGS,  BACKPACKS,
 DRAPERIES,  SHOWER  CURTAINS, FURNISHINGS, UPHOLSTERY, BEDDINGS, TOWELS,
 NAPKINS, AND TABLECLOTHS.
 § 37-0403. PROHIBITION ON SALE OF COVERED PRODUCTS.
   1. COMMENCING ON JANUARY FIRST, TWO THOUSAND  TWENTY-FIVE,  NO  PERSON
 SHALL DISTRIBUTE, SELL, OR OFFER FOR SALE IN THE STATE ANY COVERED PROD-
 UCT   THAT   CONTAINS   REGULATED   PERFLUOROALKYL  AND  POLYFLUOROALKYL
 SUBSTANCES.
   2. THE PROHIBITION ON DISTRIBUTION, SALE OR  OFFER  OF  SALE  IN  THIS
 TITLE DOES NOT APPLY TO THE SALE OR RESALE OF USED PRODUCTS.
 § 37-0405. REQUIRED NOTIFICATION.
   1.  A  MANUFACTURER  OF  A  COVERED  PRODUCT SOLD INTO THE STATE SHALL
 PROVIDE PERSONS THAT OFFER THE PRODUCT FOR SALE OR DISTRIBUTION  IN  THE
 STATE  WITH  A  CERTIFICATE OF COMPLIANCE. THE CERTIFICATE OF COMPLIANCE
 SHALL PROVIDE ASSURANCE, AT A MINIMUM, THAT THE PRODUCT DOES NOT CONTAIN
 ANY INTENTIONALLY ADDED PFAS. ANY  CERTIFICATE  OF  COMPLIANCE  PROVIDED
 UNDER  THIS  SECTION  SHALL  BE  SIGNED BY AN AUTHORIZED OFFICIAL OF THE
 MANUFACTURER.
   2. IF REGULATED PERFLUOROALKYL OR POLYFLUOROALKYL OR PFAS ARE  DISCOV-
 ERED  IN  THE  COVERED  PRODUCT AFTER THE ISSUANCE OF THE CERTIFICATE OF
 COMPLIANCE, THE MANUFACTURER SHALL RECALL THE COVERED PRODUCT AND  REIM-
 BURSE THE DISTRIBUTOR OR RETAILER FOR THE COVERED PRODUCT.
 § 37-0407. VIOLATIONS.
   1.   A VIOLATION OF ANY OF THE PROVISIONS OF THIS TITLE OR ANY RULE OR
 REGULATION PROMULGATED PURSUANT THERETO SHALL BE PUNISHABLE IN THE  CASE
 OF  A  FIRST  VIOLATION,  BY  A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND
 DOLLARS. IN THE CASE OF A SECOND AND ANY FURTHER VIOLATION, THE  LIABIL-
 ITY  SHALL  BE  FOR  A  CIVIL PENALTY NOT TO EXCEED TWENTY-FIVE THOUSAND
 DOLLARS FOR EACH VIOLATION.
   2.  IF THE DEPARTMENT HAS REASON TO BELIEVE  THAT  A  COVERED  PRODUCT
 CONTAINS  REGULATED PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES AND IS
 BEING DISTRIBUTED, SOLD, OR  OFFERED  FOR  SALE  IN  VIOLATION  OF  THIS
 SECTION,  THE  DEPARTMENT  SHALL  DIRECT THE MANUFACTURER OF THE COVERED
 PRODUCT TO, WITHIN THIRTY DAYS:
   (A) PROVIDE THE DEPARTMENT WITH  INDEPENDENT,  THIRD-PARTY  LABORATORY
 TEST  RESULTS  DEMONSTRATING  THAT  THE COVERED PRODUCT DOES NOT CONTAIN
 REGULATED PFAS; OR
 S. 5648--A                          4
 
   (B)  NOTIFY PERSONS WHO SELL THAT COVERED PRODUCT IN THIS  STATE  THAT
 THE SALE OF THAT COVERED PRODUCT IS PROHIBITED IN THIS STATE AND PROVIDE
 THE DEPARTMENT WITH A LIST OF THE NAMES AND ADDRESSES OF THOSE NOTIFIED.
   3.  A  DISTRIBUTOR  OR  RETAILER  OF  A  PRODUCT,  WHO IS NOT ALSO THE
 MANUFACTURER OF THE PRODUCT, SHALL NOT BE  HELD  IN  VIOLATION  OF  THIS
 TITLE  IF IT CAN SHOW THAT HE OR SHE RELIED IN GOOD FAITH ON THE CERTIF-
 ICATE OF COMPLIANCE PROVIDED FOR IN SUBDIVISION ONE OF  SECTION  37-0405
 OF THIS TITLE OR THE RETAILER RECEIVED A NOTIFICATION PURSUANT TO SUBDI-
 VISION TWO OF THIS SECTION.
   4.  THE  DEPARTMENT  SHALL  MAKE INFORMATION ABOUT ANY CITATION ISSUED
 PURSUANT TO THIS  SECTION  AVAILABLE  TO  THE  PUBLIC  ON  ITS  INTERNET
 WEBSITE.
   § 2.  This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5648--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2023
                                ___________
 
 Introduced by Sens. HOYLMAN-SIGAL, CLEARE, FERNANDEZ, HARCKHAM, KRUEGER,
   RIVERA, SKOUFIS -- read twice and ordered printed, and when printed to
   be committed to the Committee on Environmental Conservation -- commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee -- recommitted to the Committee  on  Environ-
   mental  Conservation  in  accordance  with  Senate  Rule  6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting the sale of products that contain intentionally added PFAS
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 37 of the environmental conservation law is amended
 by adding a new title 4 to read as follows:
                                 TITLE IV
     PRODUCTS CONTAINING PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
 SECTION 37-0401. DEFINITIONS.
         37-0403. PROHIBITION ON SALE OF COVERED PRODUCTS.
         37-0405. REQUIRED NOTIFICATION.
         37-0407. VIOLATIONS.
 § 37-0401. DEFINITIONS.
   FOR  PURPOSES  OF  THIS  TITLE, THE FOLLOWING TERMS HAVE THE FOLLOWING
 DEFINITIONS:
   1. "COVERED PRODUCT" MEANS TEXTILE ARTICLES, RUGS, FABRIC  TREATMENTS,
 COOKWARE, SKI WAXES, ARCHITECTURAL PAINTS, CHILDREN'S PRODUCTS, CLEANING
 PRODUCTS, ANTI-FOGGING SPRAYS AND WIPES, OR A COMPONENT THEREOF.
   2.  "PERFLUOROALKYL  AND POLYFLUOROALKYL SUBSTANCES" OR "PFAS" MEANS A
 CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING  AT  LEAST  ONE  FULLY
 FLUORINATED CARBON ATOM.
   3. "REGULATED PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES" OR "REGU-
 LATED PFAS" MEANS PFAS THAT ARE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04738-05-4
              

 S. 5648--B                          2
 
   (A)  AN  INTENTIONALLY ADDED CHEMICAL AS DEFINED IN SUBDIVISION ELEVEN
 OF SECTION 37-0901 OF THIS ARTICLE; OR
   (B)  PRESENT IN A PRODUCT OR PRODUCT COMPONENT AT OR ABOVE THE PRACTI-
 CAL QUANTITATION LIMIT, AS MEASURED IN TOTAL ORGANIC FLUORINE.
   4. "ARCHITECTURAL PAINT" MEANS  INTERIOR  AND  EXTERIOR  ARCHITECTURAL
 COATINGS;  PROVIDED,  HOWEVER,  THAT  "ARCHITECTURAL  PAINT"  SHALL  NOT
 INCLUDE INDUSTRIAL, ORIGINAL EQUIPMENT OR SPECIALTY COATINGS.
   5. "CHILDREN'S PRODUCTS" MEANS A PRODUCT AS DEFINED IN SECTION 37-0901
 OF THIS ARTICLE.
   6. (A) "CLEANING PRODUCT" MEANS A FINISHED PRODUCT THAT IS AN AIR CARE
 PRODUCT, AUTOMOTIVE PRODUCT, GENERAL CLEANING PRODUCT, OR  A  POLISH  OR
 FLOOR  MAINTENANCE  PRODUCT  USED PRIMARILY FOR JANITORIAL, DOMESTIC, OR
 INSTITUTIONAL CLEANING PURPOSES.
   (I) "AIR CARE PRODUCT" MEANS A CHEMICALLY FORMULATED CONSUMER  PRODUCT
 LABELED  TO  INDICATE  THAT  THE PURPOSE OF THE PRODUCT IS TO ENHANCE OR
 CONDITION THE INDOOR ENVIRONMENT  BY  ELIMINATING  UNPLEASANT  ODORS  OR
 FRESHENING THE AIR.
   (II) "AUTOMOTIVE PRODUCT" MEANS A CHEMICALLY FORMULATED CONSUMER PROD-
 UCT  LABELED  TO INDICATE THAT THE PURPOSE OF THE PRODUCT IS TO MAINTAIN
 THE APPEARANCE OF A MOTOR VEHICLE, AS DEFINED  IN  SECTION  ONE  HUNDRED
 TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW, INCLUDING PRODUCTS FOR WASH-
 ING,  WAXING,  POLISHING, CLEANING, OR TREATING THE EXTERIOR OR INTERIOR
 SURFACES OF MOTOR VEHICLES. "AUTOMOTIVE PRODUCT" DOES NOT INCLUDE  AUTO-
 MOTIVE PAINT OR PAINT REPAIR PRODUCTS.
   (III)  "GENERAL  CLEANING  PRODUCT"  MEANS A SOAP, DETERGENT, OR OTHER
 CHEMICALLY FORMULATED CONSUMER PRODUCT  LABELED  TO  INDICATE  THAT  THE
 PURPOSE  OF  THE  PRODUCT  IS TO CLEAN, DISINFECT, OR OTHERWISE CARE FOR
 FABRIC, DISHES, OR OTHER WARES; SURFACES INCLUDING, BUT NOT LIMITED  TO,
 FLOORS,  FURNITURE,  COUNTERTOPS,  SHOWERS,  AND  BATHS;  OR  OTHER HARD
 SURFACES, SUCH AS STOVETOPS, MICROWAVES, AND OTHER APPLIANCES.
   (IV) "POLISH OR FLOOR MAINTENANCE PRODUCT" MEANS A  CHEMICALLY  FORMU-
 LATED  CONSUMER PRODUCT, SUCH AS POLISH, WAX, A STRIPPER, OR A RESTORER,
 LABELED TO INDICATE THAT THE  PURPOSE  OF  THE  PRODUCT  IS  TO  POLISH,
 PROTECT,  BUFF,  CONDITION,  TEMPORARILY SEAL, STRIP, OR MAINTAIN FURNI-
 TURE, FLOORS, METAL, LEATHER, OR OTHER SURFACES.
   (B) "CLEANING PRODUCT" SHALL NOT MEAN ANY OF THE FOLLOWING:
   (I) FOODS, DRUGS, AND COSMETICS, INCLUDING PERSONAL CARE ITEMS SUCH AS
 TOOTHPASTE, SHAMPOO, AND HAND SOAP.
   (II) INDUSTRIAL PRODUCTS SPECIFICALLY MANUFACTURED FOR, AND EXCLUSIVE-
 LY USED IN THE FOLLOWING: OIL  AND  GAS  PRODUCTION;  STEEL  PRODUCTION;
 HEAVY  INDUSTRY  MANUFACTURING;  INDUSTRIAL  WATER TREATMENT; INDUSTRIAL
 TEXTILE MAINTENANCE AND PROCESSING  OTHER  THAN  INDUSTRIAL  LAUNDERING;
 FOOD AND BEVERAGE PROCESSING AND PACKAGING; OR OTHER INDUSTRIAL MANUFAC-
 TURING PROCESSES.
   7. "COOKWARE" MEANS DURABLE ITEMS THAT ARE USED IN HOMES, RESTAURANTS,
 INSTITUTIONAL,  AND  COMMERCIAL  KITCHENS TO PREPARE, DISPENSE, OR STORE
 FOOD, FOODSTUFFS, OR BEVERAGES FOR INDOOR  OR  OUTDOOR  USE.  "COOKWARE"
 INCLUDES,  BUT  IS  NOT LIMITED TO, POTS, PANS, SKILLETS, GRILLS, BAKING
 SHEETS, BAKING MOLDS, TRAYS, BOWLS, CAMPING GEAR, AND COOKING UTENSILS.
   8. "FABRIC TREATMENT" MEANS A SUBSTANCE APPLIED TO A FABRIC FOR STAIN,
 GREASE, OR WATER RESISTANCE.
   9. "MANUFACTURER" MEANS ANY 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-
 S. 5648--B                          3
 
 TURED  OR  ASSEMBLED  THE  PRODUCT OR WHOSE BRAND NAME IS AFFIXED TO THE
 PRODUCT DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
   10.  "RUGS" MEANS ANY CONSUMER PRODUCTS MADE FROM NATURAL OR SYNTHETIC
 FABRIC INTENDED TO BE USED AS A FLOOR COVERING, OTHER THAN CARPETS,  AND
 INCLUDES HANDMADE RUGS, AREA RUGS, OR MATS.
   11. "SKI WAX" MEANS A LUBRICANT APPLIED TO THE BOTTOM OF SNOW RUNNERS,
 INCLUDING  SKIS  AND SNOWBOARDS, TO IMPROVE THEIR GRIP AND GLIDE PROPER-
 TIES.
   12. "TEXTILE" MEANS ANY ITEM MADE IN WHOLE OR IN PART FROM A  NATURAL,
 MAN-MADE, OR SYNTHETIC FIBER, YARN, OR FABRIC.  TEXTILE INCLUDES, BUT IS
 NOT  LIMITED TO, THE FOLLOWING: LEATHER, COTTON, SILK, JUTE, HEMP, WOOL,
 VISCOSE, NYLON, OR POLYESTER.   "TEXTILE" DOES  NOT  INCLUDE  SINGLE-USE
 PAPER  HYGIENE  PRODUCTS,  INCLUDING,  BUT NOT LIMITED TO, TOILET PAPER,
 PAPER TOWELS OR TISSUES, OR SINGLE-USE ABSORBENT HYGIENE  PRODUCTS.  FOR
 THE  PURPOSES  OF  THIS  SUBDIVISION,  "SINGLE-USE" MEANS CONVENTIONALLY
 DISPOSED OF AFTER A SINGLE USE OR NOT SUFFICIENTLY DURABLE  OR  WASHABLE
 TO BE, OR NOT INTENDED TO BE, REUSABLE OR REFILLABLE.
   13.  "TEXTILE  ARTICLES"  MEANS  NON-WEARABLE TEXTILE GOODS, FOOTWEAR,
 COSTUMES AND ACCESSORIES.  FOR THE PURPOSES OF THIS TITLE, TEXTILE ARTI-
 CLES DO NOT INCLUDE RUGS OR PERSONAL PROTECTIVE EQUIPMENT.
   14. "NON-WEARABLE TEXTILE GOODS" MEANS TEXTILE GOODS OF A TYPE CUSTOM-
 ARILY USED IN HOUSEHOLDS AND BUSINESSES THAT ARE NOT  CUSTOMARILY  WORN.
 TEXTILE  ARTICLES  INCLUDE, BUT ARE NOT LIMITED TO, HANDBAGS, BACKPACKS,
 DRAPERIES, SHOWER CURTAINS, FURNISHINGS, UPHOLSTERY,  BEDDINGS,  TOWELS,
 NAPKINS, AND TABLECLOTHS.
   15.  "ANTI-FOGGING  SPRAYS  AND  WIPES" MEANS_ANY_PRODUCT, INCLUDING_A
 SPRAY, CLOTH, WIPE OR  OTHER  MATERIAL,  THAT  IS  INTENDED  TO  PREVENT
 CONDENSATION ON EYEGLASSES.
 § 37-0403. PROHIBITION ON SALE OF COVERED PRODUCTS.
   1.  COMMENCING  ON  JANUARY  FIRST, TWO THOUSAND TWENTY-SIX, NO PERSON
 SHALL DISTRIBUTE, SELL, OR OFFER FOR SALE IN THE STATE ANY COVERED PROD-
 UCT  THAT  CONTAINS   REGULATED   PERFLUOROALKYL   AND   POLYFLUOROALKYL
 SUBSTANCES.
   2.  THE  PROHIBITION  ON  DISTRIBUTION,  SALE OR OFFER OF SALE IN THIS
 TITLE DOES NOT APPLY TO THE SALE OR RESALE OF USED PRODUCTS.
 § 37-0405. REQUIRED NOTIFICATION.
   1. A MANUFACTURER OF A COVERED  PRODUCT  SOLD  INTO  THE  STATE  SHALL
 PROVIDE  PERSONS  THAT OFFER THE PRODUCT FOR SALE OR DISTRIBUTION IN THE
 STATE WITH A CERTIFICATE OF COMPLIANCE. THE  CERTIFICATE  OF  COMPLIANCE
 SHALL PROVIDE ASSURANCE, AT A MINIMUM, THAT THE PRODUCT DOES NOT CONTAIN
 ANY  INTENTIONALLY  ADDED  PFAS.  ANY CERTIFICATE OF COMPLIANCE PROVIDED
 UNDER THIS SECTION SHALL BE SIGNED BY  AN  AUTHORIZED  OFFICIAL  OF  THE
 MANUFACTURER.
   2.  IF REGULATED PERFLUOROALKYL OR POLYFLUOROALKYL OR PFAS ARE DISCOV-
 ERED IN THE COVERED PRODUCT AFTER THE ISSUANCE  OF  THE  CERTIFICATE  OF
 COMPLIANCE,  THE MANUFACTURER SHALL RECALL THE COVERED PRODUCT AND REIM-
 BURSE THE DISTRIBUTOR OR RETAILER FOR THE COVERED PRODUCT.
 § 37-0407. VIOLATIONS.
   1.  A VIOLATION OF ANY OF THE PROVISIONS OF THIS TITLE OR ANY RULE  OR
 REGULATION  PROMULGATED PURSUANT THERETO SHALL BE PUNISHABLE IN THE CASE
 OF A FIRST VIOLATION, BY A CIVIL PENALTY  NOT  TO  EXCEED  TEN  THOUSAND
 DOLLARS.  IN THE CASE OF A SECOND AND ANY FURTHER VIOLATION, THE LIABIL-
 ITY SHALL BE FOR A CIVIL PENALTY  NOT  TO  EXCEED  TWENTY-FIVE  THOUSAND
 DOLLARS FOR EACH VIOLATION.
   2.    IF  THE  DEPARTMENT HAS REASON TO BELIEVE THAT A COVERED PRODUCT
 CONTAINS REGULATED PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES AND  IS
 S. 5648--B                          4
 
 BEING  DISTRIBUTED,  SOLD,  OR  OFFERED  FOR  SALE  IN VIOLATION OF THIS
 SECTION, THE DEPARTMENT SHALL DIRECT THE  MANUFACTURER  OF  THE  COVERED
 PRODUCT TO, WITHIN THIRTY DAYS:
   (A)  PROVIDE  THE  DEPARTMENT WITH INDEPENDENT, THIRD-PARTY LABORATORY
 TEST RESULTS DEMONSTRATING THAT THE COVERED  PRODUCT  DOES  NOT  CONTAIN
 REGULATED PFAS; OR
   (B)    NOTIFY PERSONS WHO SELL THAT COVERED PRODUCT IN THIS STATE THAT
 THE SALE OF THAT COVERED PRODUCT IS PROHIBITED IN THIS STATE AND PROVIDE
 THE DEPARTMENT WITH A LIST OF THE NAMES AND ADDRESSES OF THOSE NOTIFIED.
   3. A DISTRIBUTOR OR RETAILER  OF  A  PRODUCT,  WHO  IS  NOT  ALSO  THE
 MANUFACTURER  OF  THE  PRODUCT,  SHALL  NOT BE HELD IN VIOLATION OF THIS
 TITLE IF IT CAN SHOW THAT HE OR SHE RELIED IN GOOD FAITH ON THE  CERTIF-
 ICATE  OF  COMPLIANCE PROVIDED FOR IN SUBDIVISION ONE OF SECTION 37-0405
 OF THIS TITLE OR THE RETAILER RECEIVED A NOTIFICATION PURSUANT TO SUBDI-
 VISION TWO OF THIS SECTION.
   4. THE DEPARTMENT SHALL MAKE INFORMATION  ABOUT  ANY  CITATION  ISSUED
 PURSUANT  TO  THIS  SECTION  AVAILABLE  TO  THE  PUBLIC  ON ITS INTERNET
 WEBSITE.
   § 2.  This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5648--C
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2023
                                ___________
 
 Introduced by Sens. HOYLMAN-SIGAL, CLEARE, FERNANDEZ, HARCKHAM, KRUEGER,
   MAY,  RIVERA,  ROLISON,  SERRANO,  SKOUFIS  --  read twice and ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental Conservation -- committee  discharged,  bill  amended,  ordered
   reprinted  as amended and recommitted to said committee -- recommitted
   to the Committee on  Environmental  Conservation  in  accordance  with
   Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said  committee  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting the sale of products that contain intentionally added PFAS
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 37 of the environmental conservation law is amended
 by adding a new title 4 to read as follows:
                                 TITLE IV
     PRODUCTS CONTAINING PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
 SECTION 37-0401. DEFINITIONS.
         37-0403. PROHIBITION ON SALE OF COVERED PRODUCTS.
         37-0405. REQUIRED NOTIFICATION.
         37-0407. VIOLATIONS.
 § 37-0401. DEFINITIONS.
   FOR  PURPOSES  OF  THIS  TITLE, THE FOLLOWING TERMS HAVE THE FOLLOWING
 DEFINITIONS:
   1. "COVERED PRODUCT" MEANS TEXTILE ARTICLES, RUGS, FABRIC  TREATMENTS,
 COOKWARE, SKI WAXES, ARCHITECTURAL PAINTS, CHILDREN'S PRODUCTS, CLEANING
 PRODUCTS,  ANTI-FOGGING  SPRAYS  AND WIPES, DENTAL FLOSS, OR A COMPONENT
 THEREOF.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04738-07-4
 S. 5648--C                          2
 
              

   2. "PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES" OR "PFAS"  MEANS  A
 CLASS  OF  FLUORINATED  ORGANIC  CHEMICALS CONTAINING AT LEAST ONE FULLY
 FLUORINATED CARBON ATOM.
   3. "REGULATED PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES" OR "REGU-
 LATED PFAS" MEANS PFAS THAT ARE:
   (A)  AN  INTENTIONALLY ADDED CHEMICAL AS DEFINED IN SUBDIVISION ELEVEN
 OF SECTION 37-0901 OF THIS ARTICLE; OR
   (B) PRESENT IN A PRODUCT OR PRODUCT COMPONENT AT OR ABOVE THE  PRACTI-
 CAL QUANTITATION LIMIT, AS MEASURED IN TOTAL ORGANIC FLUORINE.
   4.  "ARCHITECTURAL  PAINT"  MEANS  INTERIOR AND EXTERIOR ARCHITECTURAL
 COATINGS;  PROVIDED,  HOWEVER,  THAT  "ARCHITECTURAL  PAINT"  SHALL  NOT
 INCLUDE INDUSTRIAL, ORIGINAL EQUIPMENT OR SPECIALTY COATINGS.
   5. "CHILDREN'S PRODUCTS" MEANS A PRODUCT AS DEFINED IN SECTION 37-0901
 OF THIS ARTICLE.
   6. (A) "CLEANING PRODUCT" MEANS A FINISHED PRODUCT THAT IS AN AIR CARE
 PRODUCT,  AUTOMOTIVE  PRODUCT,  GENERAL CLEANING PRODUCT, OR A POLISH OR
 FLOOR MAINTENANCE PRODUCT USED PRIMARILY FOR  JANITORIAL,  DOMESTIC,  OR
 INSTITUTIONAL CLEANING PURPOSES.
   (I)  "AIR CARE PRODUCT" MEANS A CHEMICALLY FORMULATED CONSUMER PRODUCT
 LABELED TO INDICATE THAT THE PURPOSE OF THE PRODUCT  IS  TO  ENHANCE  OR
 CONDITION  THE  INDOOR  ENVIRONMENT  BY  ELIMINATING UNPLEASANT ODORS OR
 FRESHENING THE AIR.
   (II) "AUTOMOTIVE PRODUCT" MEANS A CHEMICALLY FORMULATED CONSUMER PROD-
 UCT LABELED TO INDICATE THAT THE PURPOSE OF THE PRODUCT IS  TO  MAINTAIN
 THE  APPEARANCE  OF  A  MOTOR VEHICLE, AS DEFINED IN SECTION ONE HUNDRED
 TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW, INCLUDING PRODUCTS FOR WASH-
 ING, WAXING, POLISHING, CLEANING, OR TREATING THE EXTERIOR  OR  INTERIOR
 SURFACES  OF MOTOR VEHICLES. "AUTOMOTIVE PRODUCT" DOES NOT INCLUDE AUTO-
 MOTIVE PAINT OR PAINT REPAIR PRODUCTS.
   (III) "GENERAL CLEANING PRODUCT" MEANS A  SOAP,  DETERGENT,  OR  OTHER
 CHEMICALLY  FORMULATED  CONSUMER  PRODUCT  LABELED  TO INDICATE THAT THE
 PURPOSE OF THE PRODUCT IS TO CLEAN, DISINFECT,  OR  OTHERWISE  CARE  FOR
 FABRIC,  DISHES, OR OTHER WARES; SURFACES INCLUDING, BUT NOT LIMITED TO,
 FLOORS, FURNITURE,  COUNTERTOPS,  SHOWERS,  AND  BATHS;  OR  OTHER  HARD
 SURFACES, SUCH AS STOVETOPS, MICROWAVES, AND OTHER APPLIANCES.
   (IV)  "POLISH  OR FLOOR MAINTENANCE PRODUCT" MEANS A CHEMICALLY FORMU-
 LATED CONSUMER PRODUCT, SUCH AS POLISH, WAX, A STRIPPER, OR A  RESTORER,
 LABELED  TO  INDICATE  THAT  THE  PURPOSE  OF  THE PRODUCT IS TO POLISH,
 PROTECT, BUFF, CONDITION, TEMPORARILY SEAL, STRIP,  OR  MAINTAIN  FURNI-
 TURE, FLOORS, METAL, LEATHER, OR OTHER SURFACES.
   (B) "CLEANING PRODUCT" SHALL NOT MEAN ANY OF THE FOLLOWING:
   (I) FOODS, DRUGS, AND COSMETICS, INCLUDING PERSONAL CARE ITEMS SUCH AS
 TOOTHPASTE, SHAMPOO, AND HAND SOAP.
   (II) INDUSTRIAL PRODUCTS SPECIFICALLY MANUFACTURED FOR, AND EXCLUSIVE-
 LY  USED  IN  THE  FOLLOWING:  OIL AND GAS PRODUCTION; STEEL PRODUCTION;
 HEAVY INDUSTRY MANUFACTURING;  INDUSTRIAL  WATER  TREATMENT;  INDUSTRIAL
 TEXTILE  MAINTENANCE  AND  PROCESSING  OTHER THAN INDUSTRIAL LAUNDERING;
 FOOD AND BEVERAGE PROCESSING AND PACKAGING; OR OTHER INDUSTRIAL MANUFAC-
 TURING PROCESSES.
   7. "COOKWARE" MEANS DURABLE ITEMS THAT ARE USED IN HOMES, RESTAURANTS,
 INSTITUTIONAL, AND COMMERCIAL KITCHENS TO PREPARE,  DISPENSE,  OR  STORE
 FOOD,  FOODSTUFFS,  OR  BEVERAGES  FOR INDOOR OR OUTDOOR USE. "COOKWARE"
 INCLUDES, BUT IS NOT LIMITED TO, POTS, PANS,  SKILLETS,  GRILLS,  BAKING
 SHEETS, BAKING MOLDS, TRAYS, BOWLS, CAMPING GEAR, AND COOKING UTENSILS.
   8. "FABRIC TREATMENT" MEANS A SUBSTANCE APPLIED TO A FABRIC FOR STAIN,
 GREASE, OR WATER RESISTANCE.
 S. 5648--C                          3
 
   9.  "MANUFACTURER"  MEANS  ANY  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.
   10. "RUGS" MEANS ANY CONSUMER PRODUCTS MADE FROM NATURAL OR  SYNTHETIC
 FABRIC  INTENDED TO BE USED AS A FLOOR COVERING, OTHER THAN CARPETS, AND
 INCLUDES HANDMADE RUGS, AREA RUGS, OR MATS.
   11. "SKI WAX" MEANS A LUBRICANT APPLIED TO THE BOTTOM OF SNOW RUNNERS,
 INCLUDING SKIS AND SNOWBOARDS, TO IMPROVE THEIR GRIP AND  GLIDE  PROPER-
 TIES.
   12.  "TEXTILE" MEANS ANY ITEM MADE IN WHOLE OR IN PART FROM A NATURAL,
 MAN-MADE, OR SYNTHETIC FIBER, YARN, OR FABRIC.  TEXTILE INCLUDES, BUT IS
 NOT LIMITED TO, THE FOLLOWING: LEATHER, COTTON, SILK, JUTE, HEMP,  WOOL,
 VISCOSE,  NYLON,  OR  POLYESTER.   "TEXTILE" DOES NOT INCLUDE SINGLE-USE
 PAPER HYGIENE PRODUCTS, INCLUDING, BUT NOT  LIMITED  TO,  TOILET  PAPER,
 PAPER  TOWELS  OR TISSUES, OR SINGLE-USE ABSORBENT HYGIENE PRODUCTS. FOR
 THE PURPOSES OF  THIS  SUBDIVISION,  "SINGLE-USE"  MEANS  CONVENTIONALLY
 DISPOSED  OF  AFTER A SINGLE USE OR NOT SUFFICIENTLY DURABLE OR WASHABLE
 TO BE, OR NOT INTENDED TO BE, REUSABLE OR REFILLABLE.
   13. "TEXTILE ARTICLES" MEANS  NON-WEARABLE  TEXTILE  GOODS,  FOOTWEAR,
 COSTUMES AND ACCESSORIES.  FOR THE PURPOSES OF THIS TITLE, TEXTILE ARTI-
 CLES DO NOT INCLUDE RUGS OR PERSONAL PROTECTIVE EQUIPMENT.
   14. "NON-WEARABLE TEXTILE GOODS" MEANS TEXTILE GOODS OF A TYPE CUSTOM-
 ARILY  USED  IN HOUSEHOLDS AND BUSINESSES THAT ARE NOT CUSTOMARILY WORN.
 TEXTILE ARTICLES INCLUDE, BUT ARE NOT LIMITED TO,  HANDBAGS,  BACKPACKS,
 DRAPERIES,  SHOWER  CURTAINS, FURNISHINGS, UPHOLSTERY, BEDDINGS, TOWELS,
 NAPKINS, AND TABLECLOTHS.
   15. "ANTI-FOGGING SPRAYS  AND  WIPES"  MEANS_ANY_PRODUCT,  INCLUDING_A
 SPRAY,  CLOTH,  WIPE  OR  OTHER  MATERIAL,  THAT  IS INTENDED TO PREVENT
 CONDENSATION ON EYEGLASSES.
   16. "DENTAL FLOSS" MEANS A THREAD, CORD, STRING  OR  SIMILAR  MATERIAL
 THAT  IS  USED  FOR  CLEANING BETWEEN TEETH. DENTAL FLOSS INCLUDES FLOSS
 PICKS AND OTHER FLOSSING TOOLS.
 § 37-0403. PROHIBITION ON SALE OF COVERED PRODUCTS.
   1. COMMENCING ON JANUARY FIRST, TWO  THOUSAND  TWENTY-SIX,  NO  PERSON
 SHALL DISTRIBUTE, SELL, OR OFFER FOR SALE IN THE STATE ANY COVERED PROD-
 UCT   THAT   CONTAINS   REGULATED   PERFLUOROALKYL  AND  POLYFLUOROALKYL
 SUBSTANCES.
   2. THE PROHIBITION ON DISTRIBUTION, SALE OR  OFFER  OF  SALE  IN  THIS
 TITLE DOES NOT APPLY TO THE SALE OR RESALE OF USED PRODUCTS.
 § 37-0405. REQUIRED NOTIFICATION.
   1.  A  MANUFACTURER  OF  A  COVERED  PRODUCT SOLD INTO THE STATE SHALL
 PROVIDE PERSONS THAT OFFER THE PRODUCT FOR SALE OR DISTRIBUTION  IN  THE
 STATE  WITH  A  CERTIFICATE OF COMPLIANCE. THE CERTIFICATE OF COMPLIANCE
 SHALL PROVIDE ASSURANCE, AT A MINIMUM, THAT THE PRODUCT DOES NOT CONTAIN
 ANY INTENTIONALLY ADDED PFAS. ANY  CERTIFICATE  OF  COMPLIANCE  PROVIDED
 UNDER  THIS  SECTION  SHALL  BE  SIGNED BY AN AUTHORIZED OFFICIAL OF THE
 MANUFACTURER.
   2. IF REGULATED PERFLUOROALKYL OR POLYFLUOROALKYL OR PFAS ARE  DISCOV-
 ERED  IN  THE  COVERED  PRODUCT AFTER THE ISSUANCE OF THE CERTIFICATE OF
 COMPLIANCE, THE MANUFACTURER SHALL RECALL THE COVERED PRODUCT AND  REIM-
 BURSE THE DISTRIBUTOR OR RETAILER FOR THE COVERED PRODUCT.
 § 37-0407. VIOLATIONS.
 S. 5648--C                          4
 
   1.   A VIOLATION OF ANY OF THE PROVISIONS OF THIS TITLE OR ANY RULE OR
 REGULATION PROMULGATED PURSUANT THERETO SHALL BE PUNISHABLE IN THE  CASE
 OF  A  FIRST  VIOLATION,  BY  A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND
 DOLLARS. IN THE CASE OF A SECOND AND ANY FURTHER VIOLATION, THE  LIABIL-
 ITY  SHALL  BE  FOR  A  CIVIL PENALTY NOT TO EXCEED TWENTY-FIVE THOUSAND
 DOLLARS FOR EACH VIOLATION.
   2.  IF THE DEPARTMENT HAS REASON TO BELIEVE  THAT  A  COVERED  PRODUCT
 CONTAINS  REGULATED PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES AND IS
 BEING DISTRIBUTED, SOLD, OR  OFFERED  FOR  SALE  IN  VIOLATION  OF  THIS
 SECTION,  THE  DEPARTMENT  SHALL  DIRECT THE MANUFACTURER OF THE COVERED
 PRODUCT TO, WITHIN THIRTY DAYS:
   (A) PROVIDE THE DEPARTMENT WITH  INDEPENDENT,  THIRD-PARTY  LABORATORY
 TEST  RESULTS  DEMONSTRATING  THAT  THE COVERED PRODUCT DOES NOT CONTAIN
 REGULATED PFAS; OR
   (B)  NOTIFY PERSONS WHO SELL THAT COVERED PRODUCT IN THIS  STATE  THAT
 THE SALE OF THAT COVERED PRODUCT IS PROHIBITED IN THIS STATE AND PROVIDE
 THE DEPARTMENT WITH A LIST OF THE NAMES AND ADDRESSES OF THOSE NOTIFIED.
   3.  A  DISTRIBUTOR  OR  RETAILER  OF  A  PRODUCT,  WHO IS NOT ALSO THE
 MANUFACTURER OF THE PRODUCT, SHALL NOT BE  HELD  IN  VIOLATION  OF  THIS
 TITLE  IF IT CAN SHOW THAT HE OR SHE RELIED IN GOOD FAITH ON THE CERTIF-
 ICATE OF COMPLIANCE PROVIDED FOR IN SUBDIVISION ONE OF  SECTION  37-0405
 OF THIS TITLE OR THE RETAILER RECEIVED A NOTIFICATION PURSUANT TO SUBDI-
 VISION TWO OF THIS SECTION.
   4.  THE  DEPARTMENT  SHALL  MAKE INFORMATION ABOUT ANY CITATION ISSUED
 PURSUANT TO THIS  SECTION  AVAILABLE  TO  THE  PUBLIC  ON  ITS  INTERNET
 WEBSITE.
   § 2.  This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5648--D
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2023
                                ___________
 
 Introduced by Sens. HOYLMAN-SIGAL, CLEARE, FERNANDEZ, HARCKHAM, JACKSON,
   KRUEGER,  MAY,  RIVERA,  ROLISON, SERRANO, SKOUFIS, WEBB -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Environmental Conservation -- committee discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   recommitted to the Committee on Environmental Conservation in  accord-
   ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting  the  sale  of  certain  products  that  contain regulated
   perfluoroalkyl and polyfluoroalkyl substances
 
   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. PROHIBITION AGAINST THE SALE OF PERFLUOROALKYL AND  POLYFLUO-
              ROALKYL  SUBSTANCES  IN  EVERYDAY  CONSUMER  AND  HOUSEHOLD
              PRODUCTS.
   1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS HAVE THE  FOLLOW-
 ING DEFINITIONS:
   (A) "COVERED PRODUCT" MEANS TEXTILE ARTICLES, RUGS, FABRIC TREATMENTS,
 COOKWARE,  SKI WAXES, ARCHITECTURAL PAINTS, CLEANING PRODUCTS, ANTI-FOG-
 GING SPRAYS AND WIPES, DENTAL FLOSS, OR A COMPONENT THEREOF.
   (B)  "REGULATED  PERFLUOROALKYL  AND  POLYFLUOROALKYL  SUBSTANCES"  OR
 "REGULATED PFAS" MEANS PFAS THAT ARE ANY OF THE FOLLOWING:
   (I)  AN INTENTIONALLY ADDED CHEMICAL AS DEFINED IN SUBDIVISION FOUR OF
 SECTION 37-0121 OF THIS TITLE; OR

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04738-08-4
 S. 5648--D                          2
              

 
   (II) PRESENT IN A PRODUCT OR PRODUCT COMPONENT AT  OR  ABOVE  A  LEVEL
 THAT  THE DEPARTMENT SHALL ESTABLISH BY REGULATION, AS MEASURED IN TOTAL
 ORGANIC FLUORINE,  THAT  IS  THE  LOWEST  LEVEL  THAT  CAN  FEASIBLY  BE
 ACHIEVED; PROVIDED, HOWEVER, THAT THE DEPARTMENT SHALL REVIEW SUCH LEVEL
 EVERY FIVE YEARS TO DETERMINE WHETHER IT SHOULD BE LOWERED.
   (C)  "ARCHITECTURAL  PAINT"  MEANS INTERIOR AND EXTERIOR ARCHITECTURAL
 COATINGS;  PROVIDED,  HOWEVER,  THAT  "ARCHITECTURAL  PAINT"  SHALL  NOT
 INCLUDE INDUSTRIAL, ORIGINAL EQUIPMENT OR SPECIALTY COATINGS.
   (D)  "CHILDREN'S  PRODUCTS"  MEANS  A  PRODUCT  AS  DEFINED IN SECTION
 37-0901 OF THIS ARTICLE.
   (E) "CLEANING PRODUCT" MEANS A FINISHED PRODUCT THAT IS  AN  AIR  CARE
 PRODUCT,  AUTOMOTIVE  PRODUCT,  GENERAL CLEANING PRODUCT, OR A POLISH OR
 FLOOR MAINTENANCE PRODUCT USED PRIMARILY FOR  JANITORIAL,  DOMESTIC,  OR
 INSTITUTIONAL  CLEANING PURPOSES.  "CLEANING PRODUCT" SHALL NOT MEAN ANY
 OF THE FOLLOWING:
   (I) FOODS, DRUGS, AND COSMETICS, INCLUDING PERSONAL CARE ITEMS SUCH AS
 TOOTHPASTE, SHAMPOO, AND HAND SOAP; OR
   (II) INDUSTRIAL PRODUCTS SPECIFICALLY MANUFACTURED FOR, AND EXCLUSIVE-
 LY USED IN THE FOLLOWING: OIL  AND  GAS  PRODUCTION;  STEEL  PRODUCTION;
 HEAVY  INDUSTRY  MANUFACTURING;  INDUSTRIAL  WATER TREATMENT; INDUSTRIAL
 TEXTILE MAINTENANCE AND PROCESSING  OTHER  THAN  INDUSTRIAL  LAUNDERING;
 FOOD AND BEVERAGE PROCESSING AND PACKAGING; OR OTHER INDUSTRIAL MANUFAC-
 TURING PROCESSES.
   (F)  "AIR CARE PRODUCT" MEANS A CHEMICALLY FORMULATED CONSUMER PRODUCT
 LABELED TO INDICATE THAT THE PURPOSE OF THE PRODUCT  IS  TO  ENHANCE  OR
 CONDITION  THE  INDOOR  ENVIRONMENT  BY  ELIMINATING UNPLEASANT ODORS OR
 FRESHENING THE AIR.
   (G) "AUTOMOTIVE PRODUCT" MEANS A CHEMICALLY FORMULATED CONSUMER  PROD-
 UCT  LABELED  TO INDICATE THAT THE PURPOSE OF THE PRODUCT IS TO MAINTAIN
 THE APPEARANCE OF A MOTOR VEHICLE, AS DEFINED  IN  SECTION  ONE  HUNDRED
 TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW, INCLUDING PRODUCTS FOR WASH-
 ING,  WAXING,  POLISHING, CLEANING, OR TREATING THE EXTERIOR OR INTERIOR
 SURFACES OF MOTOR VEHICLES. "AUTOMOTIVE PRODUCT" DOES NOT INCLUDE  AUTO-
 MOTIVE PAINT OR PAINT REPAIR PRODUCTS.
   (H) "GENERAL CLEANING PRODUCT" MEANS A SOAP, DETERGENT, OR OTHER CHEM-
 ICALLY  FORMULATED CONSUMER PRODUCT LABELED TO INDICATE THAT THE PURPOSE
 OF THE PRODUCT IS TO CLEAN, DISINFECT, OR  OTHERWISE  CARE  FOR  FABRIC,
 DISHES,  OR OTHER WARES; SURFACES INCLUDING, BUT NOT LIMITED TO, FLOORS,
 FURNITURE, COUNTERTOPS, SHOWERS, AND BATHS; OR OTHER HARD SURFACES, SUCH
 AS STOVETOPS, MICROWAVES, AND OTHER APPLIANCES.
   (I) "POLISH OR FLOOR MAINTENANCE PRODUCT" MEANS  A  CHEMICALLY  FORMU-
 LATED  CONSUMER PRODUCT, SUCH AS POLISH, WAX, A STRIPPER, OR A RESTORER,
 LABELED TO INDICATE THAT THE  PURPOSE  OF  THE  PRODUCT  IS  TO  POLISH,
 PROTECT,  BUFF,  CONDITION,  TEMPORARILY SEAL, STRIP, OR MAINTAIN FURNI-
 TURE, FLOORS, METAL, LEATHER, OR OTHER SURFACES.
   (J) "COOKWARE" MEANS DURABLE ITEMS THAT ARE  USED  IN  HOMES,  RESTAU-
 RANTS,  INSTITUTIONAL,  AND COMMERCIAL KITCHENS TO PREPARE, DISPENSE, OR
 STORE FOOD, FOODSTUFFS, OR BEVERAGES FOR INDOOR OR OUTDOOR  USE.  "COOK-
 WARE"  INCLUDES,  BUT  IS  NOT LIMITED TO, POTS, PANS, SKILLETS, GRILLS,
 BAKING SHEETS, BAKING MOLDS, TRAYS, BOWLS,  CAMPING  GEAR,  AND  COOKING
 UTENSILS.
   (K)  "FABRIC  TREATMENT"  MEANS  A  SUBSTANCE  APPLIED TO A FABRIC FOR
 STAIN, GREASE, OR WATER RESISTANCE.
   (1) "MANUFACTURER" MEANS A PERSON, FIRM, ASSOCIATION,  PARTNERSHIP  OR
 CORPORATION:
 S. 5648--D                          3
 
   (I)  THAT  MAKES  OR  MANUFACTURES  A  PRODUCT  OR WHOSE BRAND NAME IS
 AFFIXED TO THE PRODUCT; OR
   (II) IN THE CASE OF A COVERED PRODUCT IMPORTED INTO THE UNITED STATES,
 "MANUFACTURER"  MEANS  THE IMPORTER OR FIRST DOMESTIC DISTRIBUTOR OF THE
 PRODUCT IF THE PERSON THAT MANUFACTURED OR ASSEMBLED THE COVERED PRODUCT
 OR WHOSE BRAND NAME IS AFFIXED TO THE PRODUCT DOES NOT HAVE  A  PRESENCE
 IN THE UNITED STATES.
   (M)  "RUGS" MEANS ANY CONSUMER PRODUCTS MADE FROM NATURAL OR SYNTHETIC
 FABRIC INTENDED TO BE USED AS A FLOOR COVERING, OTHER THAN CARPETS,  AND
 INCLUDES HANDMADE RUGS, AREA RUGS, OR MATS.
   (N) "SKI WAX" MEANS A LUBRICANT APPLIED TO THE BOTTOM OF SNOW RUNNERS,
 INCLUDING  SKIS  AND SNOWBOARDS, TO IMPROVE THEIR GRIP AND GLIDE PROPER-
 TIES.
   (O) "TEXTILE" MEANS ANY ITEM MADE IN WHOLE OR IN PART FROM A  NATURAL,
 MAN-MADE, OR SYNTHETIC FIBER, YARN, OR FABRIC.  TEXTILE INCLUDES, BUT IS
 NOT  LIMITED TO, THE FOLLOWING: LEATHER, COTTON, SILK, JUTE, HEMP, WOOL,
 VISCOSE, NYLON, OR POLYESTER.   "TEXTILE" DOES  NOT  INCLUDE  SINGLE-USE
 PAPER  HYGIENE  PRODUCTS,  INCLUDING,  BUT NOT LIMITED TO, TOILET PAPER,
 PAPER TOWELS OR TISSUES, OR SINGLE-USE ABSORBENT HYGIENE  PRODUCTS.  FOR
 THE  PURPOSES  OF  THIS  SUBDIVISION,  "SINGLE-USE" MEANS CONVENTIONALLY
 DISPOSED OF AFTER A SINGLE USE OR NOT SUFFICIENTLY DURABLE  OR  WASHABLE
 TO BE, OR NOT INTENDED TO BE, REUSABLE OR REFILLABLE.
   (P)  "TEXTILE ARTICLES" MEANS TEXTILE GOODS CUSTOMARILY USED IN HOUSE-
 HOLDS AND BUSINESSES INCLUDING, BUT NOT LIMITED TO,  HANDBAGS,  LUGGAGE,
 BACKPACKS,   DRAPERIES,   SHOWER   CURTAINS,   FURNISHINGS,  UPHOLSTERY,
 BEDDINGS, TOWELS, NAPKINS, AND TABLECLOTHS.   FOR THE PURPOSES  OF  THIS
 SECTION,  "TEXTILE  ARTICLES"  DO  NOT INCLUDE RUGS, PERSONAL PROTECTIVE
 EQUIPMENT, OR ITEMS COVERED BY SECTION 37-0121 OF THIS TITLE.
   (Q) "ANTI-FOGGING SPRAYS AND WIPES" MEANS  ANY  PRODUCT,  INCLUDING  A
 SPRAY,  CLOTH,  WIPE  OR  OTHER  MATERIAL,  THAT  IS INTENDED TO PREVENT
 CONDENSATION ON EYEGLASSES.
   (R) "DENTAL FLOSS" MEANS A THREAD, CORD, STRING  OR  SIMILAR  MATERIAL
 THAT  IS  USED  FOR  CLEANING BETWEEN TEETH. DENTAL FLOSS INCLUDES FLOSS
 PICKS AND OTHER FLOSSING TOOLS.
   2. (A) COMMENCING ON JANUARY FIRST, TWO THOUSAND TWENTY-SIX, NO PERSON
 SHALL DISTRIBUTE, SELL, OR OFFER FOR SALE IN THE STATE ANY COVERED PROD-
 UCT  THAT  CONTAINS   REGULATED   PERFLUOROALKYL   AND   POLYFLUOROALKYL
 SUBSTANCES  AS  DEFINED IN SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVI-
 SION ONE OF THIS SECTION.
   (B) COMMENCING ON JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, NO  PERSON
 SHALL DISTRIBUTE, SELL, OR OFFER FOR SALE IN THE STATE ANY COVERED PROD-
 UCT   THAT   CONTAINS   REGULATED   PERFLUOROALKYL  AND  POLYFLUOROALKYL
 SUBSTANCES AS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH (B) OF  SUBDIVI-
 SION ONE OF THIS SECTION.
   (C)  THE  PROHIBITION  ON  DISTRIBUTION, SALE OR OFFER OF SALE IN THIS
 SECTION DOES NOT APPLY TO THE SALE OR RESALE OF USED PRODUCTS.
   3. (A) A MANUFACTURER OF A COVERED PRODUCT SOLD INTO THE  STATE  SHALL
 PROVIDE  PERSONS  THAT OFFER THE PRODUCT FOR SALE OR DISTRIBUTION IN THE
 STATE WITH A CERTIFICATE OF COMPLIANCE. THE  CERTIFICATE  OF  COMPLIANCE
 SHALL PROVIDE ASSURANCE, AT A MINIMUM, THAT THE PRODUCT DOES NOT CONTAIN
 ANY  REGULATED  PFAS.  ANY CERTIFICATE OF COMPLIANCE PROVIDED UNDER THIS
 SECTION SHALL BE SIGNED BY AN AUTHORIZED OFFICIAL OF THE MANUFACTURER.
   (B) IF REGULATED PFAS ARE DISCOVERED IN THE COVERED PRODUCT AFTER  THE
 ISSUANCE OF THE CERTIFICATE OF COMPLIANCE, THE MANUFACTURER SHALL NOTIFY
 THE  DISTRIBUTOR  AND/OR  RETAILER,  AS  APPLICABLE,  AND  TAKE BACK THE
 S. 5648--D                          4
 
 COVERED PRODUCT. THE MANUFACTURER SHALL  REIMBURSE  THE  DISTRIBUTOR  OR
 RETAILER, AS APPLICABLE, FOR THE COVERED PRODUCT.
   4.  IF  THE  DEPARTMENT  HAS  REASON TO BELIEVE THAT A COVERED PRODUCT
 CONTAINS REGULATED PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES AND  IS
 BEING  DISTRIBUTED,  SOLD,  OR  OFFERED  FOR  SALE  IN VIOLATION OF THIS
 SECTION, THE DEPARTMENT SHALL DIRECT THE  MANUFACTURER  OF  THE  COVERED
 PRODUCT TO, WITHIN THIRTY DAYS:
   (A)  PROVIDE  THE  DEPARTMENT WITH INDEPENDENT, THIRD-PARTY LABORATORY
 TEST RESULTS DEMONSTRATING THAT THE COVERED  PRODUCT  DOES  NOT  CONTAIN
 REGULATED PFAS; OR
   (B)  COMPLY  WITH THE PROCEDURES OF PARAGRAPH (B) OF SUBDIVISION THREE
 OF THIS SECTION.
   5. A DISTRIBUTOR OR RETAILER  OF  A  PRODUCT,  WHO  IS  NOT  ALSO  THE
 MANUFACTURER  OF  THE  PRODUCT,  SHALL  NOT BE HELD IN VIOLATION OF THIS
 SECTION IF IT CAN SHOW THAT SUCH DISTRIBUTOR OR RETAILER RELIED IN  GOOD
 FAITH  ON THE CERTIFICATE OF COMPLIANCE PROVIDED FOR IN PARAGRAPH (A) OF
 SUBDIVISION THREE OF THIS SECTION OR THE RETAILER RECEIVED  A  NOTIFICA-
 TION PURSUANT TO PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION.
   6.  THE  DEPARTMENT  SHALL  MAKE INFORMATION ABOUT ANY CITATION ISSUED
 PURSUANT TO THIS  SECTION  AVAILABLE  TO  THE  PUBLIC  ON  ITS  INTERNET
 WEBSITE.
   § 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 HERETO, SHALL BE LIABLE FOR A CIVIL
 PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS,  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 TWENTY-FIVE THOUSAND DOLLARS.
   §  3.  Paragraphs (b), (c) and (d) of subdivision 4 of section 37-0121
 of the environmental conservation law,  paragraph  (b)  as  amended  and
 paragraphs  (c) and (d) as added by chapter 111 of the laws of 2023, are
 amended to read as follows:
   (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,  FOOTWEAR,  HATS, COSTUMES, and diapers. "Apparel" shall
 not include:
   (i) professional  uniforms,  INCLUDING  FOOTWEAR,  that  are  worn  to
 protect  the  wearer  from  health  or  environmental hazards, including
 personal protective equipment; or
   (ii) outdoor apparel, INCLUDING FOOTWEAR, for severe wet conditions.
   (c)  "Outdoor  apparel"  means  clothing  items,  INCLUDING  FOOTWEAR,
 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,
 INCLUDING  FOOTWEAR, that are extreme and extended use products designed
 for outdoor sports experts  for  applications  that  provide  protection
 against extended exposure 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.
   §  4.  Subparagraphs  (lx),  (lxi),  (lxii),  (lxiii),  (lxiv), (lxv),
 (lxvi), (lxvii), (lxviii), (lxix),  (lxx),  (lxxi),  (lxxii),  (lxxiii),
 S. 5648--D                          5
 
 (lxxiv),  (lxxv), (lxxvi) and (lxxvii) of paragraph (b) of subdivision 1
 of section 37-0905 of the environmental conservation law,  as  added  by
 section  1  of  subpart AA of part XX of chapter 55 of the laws of 2020,
 are amended to read as follows:
   (lx)   [Perfluorooctanoic   acid  (PFOA  &  related  substances)  (CAS
 335-67-1)
   (lxi) Perfluorooctanyl sulphonic acid and its salts (PFOS) (CAS  1763-
 23-1)]  PERFLUOROALKYL  AND  POLYFLUOROALKYL  SUBSTANCES  AS  DEFINED IN
 SECTION 37-0101 OF THIS CHAPTER
   [(lxii)] (LXI) Phenol (CAS 108-95-2)
   [(lxiii)] (LXII) Phenol, 4-octyl- (CAS 1806-26-4)
   [(lxiv)] (LXIII) P-hydroxybenzoic acid (CAS 99-96-7)
   [(lxv)] (LXIV) Propyl paraben (CAS 94-13-3)
   [(lxvi)] (LXV) Styrene (CAS 100-42-5)
   [(lxvii)] (LXVI) Tetrabromobisphenol A (CAS 79-94-7)
   [(lxviii)] (LXVII) Tetrachloroethene (CAS 127-18-4)
   [(lxix)] (LXVIII) Toluene (CAS 108-88-3)
   [(lxx)] (LXIX) Tricresyl phosphate (TCP) (CAS 1330-78-5)
   [(lxxi)] (LXX) Tri-n-butyl phosphate (TNBP) (CAS 126-73-8)
   [(lxxii)] (LXXI) Triphenyl phosphate (TPP) (CAS 115-86-6)
   [(lxxiii)]  (LXXII)  Tris(1-chloro-2-propyl)  phosphate  (TCPP)   (CAS
 13674-84-5)
   [(lxxiv)] (LXXIII) Tris(2-chloroethyl) phosphate (CAS 115-96-8)
   [(lxxv)] (LXXIV) Tris(2,3-dibromopropylphosphate) (CAS 126-72-7)
   [(lxxvi)] (LXXV) Vinyl chloride (CAS 75-01-4)
   [(lxxvii)] (LXXVI) Organohalogen flame retardants
   § 5. Paragraph (a) of subdivision 2 of section 37-0905 of the environ-
 mental  conservation  law is amended by adding a new subparagraph (viii)
 to read as follows:
   (VIII) PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
   § 6. This act shall take effect December  31,  2026.  Effective  imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5648--E
     Cal. No. 1309
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2023
                                ___________
 
 Introduced by Sens. HOYLMAN-SIGAL, CLEARE, FERNANDEZ, HARCKHAM, JACKSON,
   KRUEGER,  MAY,  RIVERA,  ROLISON, SERRANO, SKOUFIS, WEBB -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Environmental Conservation -- committee discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   recommitted to the Committee on Environmental Conservation in  accord-
   ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   reported  favorably  from  said committee, ordered to first and second
   report, amended on second report, ordered to a third reading,  and  to
   be  reprinted  as  amended,  retaining its place in the order of third
   reading
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting  the  sale  of  certain  products  that  contain regulated
   perfluoroalkyl and polyfluoroalkyl substances
 
   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. PROHIBITION AGAINST THE SALE OF PERFLUOROALKYL AND  POLYFLUO-
              ROALKYL SUBSTANCES IN CONSUMER AND HOUSEHOLD PRODUCTS.
   1.  FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS HAVE THE FOLLOW-
 ING DEFINITIONS:
   (A) "COVERED PRODUCT" MEANS TEXTILE ARTICLES, RUGS, FABRIC TREATMENTS,
 COOKWARE, SKI WAXES, ARCHITECTURAL  PAINTS,  CLEANING  PRODUCTS,  DENTAL
 FLOSS, OR A COMPONENT THEREOF.
   (B)  "REGULATED  PERFLUOROALKYL  AND  POLYFLUOROALKYL  SUBSTANCES"  OR
 "REGULATED PFAS" MEANS PFAS THAT ARE ANY OF THE FOLLOWING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04738-15-4
 S. 5648--E                          2
 
   (I) AN INTENTIONALLY ADDED CHEMICAL AS DEFINED IN SUBDIVISION FOUR  OF
 SECTION 37-0121 OF THIS TITLE; OR
   (II)  PRESENT  IN  A  PRODUCT OR PRODUCT COMPONENT AT OR ABOVE A LEVEL
 THAT THE DEPARTMENT SHALL ESTABLISH BY REGULATION, AS MEASURED IN  TOTAL
 ORGANIC  FLUORINE,  THAT  IS  THE  LOWEST  LEVEL  THAT  CAN  FEASIBLY BE
 ACHIEVED; PROVIDED, HOWEVER, THAT THE DEPARTMENT SHALL REVIEW SUCH LEVEL
 AT LEAST EVERY FIVE YEARS TO DETERMINE WHETHER IT SHOULD BE LOWERED.
   (C) "ARCHITECTURAL PAINT" MEANS INTERIOR  AND  EXTERIOR  ARCHITECTURAL
 COATINGS;  PROVIDED,  HOWEVER,  THAT  "ARCHITECTURAL  PAINT"  SHALL  NOT
 INCLUDE INDUSTRIAL, ORIGINAL EQUIPMENT OR SPECIALTY COATINGS.
   (D) "CLEANING PRODUCT" MEANS A FINISHED PRODUCT THAT IS  AN  AIR  CARE
 PRODUCT,  AUTOMOTIVE  PRODUCT,  GENERAL CLEANING PRODUCT, OR A POLISH OR
 FLOOR MAINTENANCE PRODUCT USED PRIMARILY FOR  JANITORIAL,  DOMESTIC,  OR
 INSTITUTIONAL  CLEANING PURPOSES.  "CLEANING PRODUCT" SHALL NOT MEAN ANY
 OF THE FOLLOWING:
   (I) FOODS, DRUGS, COSMETICS AND PERSONAL CARE PRODUCTS AS  DEFINED  IN
 SECTION 37-0117 OF THIS TITLE; OR
   (II) INDUSTRIAL PRODUCTS SPECIFICALLY MANUFACTURED FOR, AND EXCLUSIVE-
 LY  USED  IN  THE  FOLLOWING:  OIL AND GAS PRODUCTION; STEEL PRODUCTION;
 HEAVY INDUSTRY MANUFACTURING;  INDUSTRIAL  WATER  TREATMENT;  INDUSTRIAL
 TEXTILE  MAINTENANCE  AND  PROCESSING  OTHER THAN INDUSTRIAL LAUNDERING;
 FOOD AND BEVERAGE PROCESSING AND PACKAGING; OR OTHER INDUSTRIAL MANUFAC-
 TURING PROCESSES.
   (E) "AIR CARE PRODUCT" MEANS A CHEMICALLY FORMULATED CONSUMER  PRODUCT
 LABELED  TO  INDICATE  THAT  THE PURPOSE OF THE PRODUCT IS TO ENHANCE OR
 CONDITION THE INDOOR ENVIRONMENT  BY  ELIMINATING  UNPLEASANT  ODORS  OR
 FRESHENING THE AIR.
   (F)  "AUTOMOTIVE PRODUCT" MEANS A CHEMICALLY FORMULATED CONSUMER PROD-
 UCT LABELED TO INDICATE THAT THE PURPOSE OF THE PRODUCT IS  TO  MAINTAIN
 THE  APPEARANCE  OF  A  MOTOR VEHICLE, AS DEFINED IN SECTION ONE HUNDRED
 TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW, INCLUDING PRODUCTS FOR WASH-
 ING, WAXING, POLISHING, CLEANING, OR TREATING THE EXTERIOR  OR  INTERIOR
 SURFACES  OF MOTOR VEHICLES. "AUTOMOTIVE PRODUCT" DOES NOT INCLUDE AUTO-
 MOTIVE PAINT OR PAINT REPAIR PRODUCTS.
   (G) "GENERAL CLEANING PRODUCT" MEANS A SOAP, DETERGENT, OR OTHER CHEM-
 ICALLY FORMULATED CONSUMER PRODUCT LABELED TO INDICATE THAT THE  PURPOSE
 OF  THE  PRODUCT  IS  TO CLEAN, DISINFECT, OR OTHERWISE CARE FOR FABRIC,
 DISHES, OR OTHER WARES; SURFACES INCLUDING, BUT NOT LIMITED TO,  FLOORS,
 FURNITURE, COUNTERTOPS, SHOWERS, AND BATHS; OR OTHER HARD SURFACES, SUCH
 AS STOVETOPS, MICROWAVES, AND OTHER APPLIANCES.
   (H)  "POLISH  OR  FLOOR MAINTENANCE PRODUCT" MEANS A CHEMICALLY FORMU-
 LATED CONSUMER PRODUCT, SUCH AS POLISH, WAX, A STRIPPER, OR A  RESTORER,
 LABELED  TO  INDICATE  THAT  THE  PURPOSE  OF  THE PRODUCT IS TO POLISH,
 PROTECT, BUFF, CONDITION, TEMPORARILY SEAL, STRIP,  OR  MAINTAIN  FURNI-
 TURE, FLOORS, METAL, LEATHER, OR OTHER SURFACES.
   (I)  "COOKWARE"  MEANS  DURABLE  ITEMS THAT ARE USED IN HOMES, RESTAU-
 RANTS, INSTITUTIONAL, AND COMMERCIAL KITCHENS TO PREPARE,  DISPENSE,  OR
 STORE  FOOD,  FOODSTUFFS, OR BEVERAGES FOR INDOOR OR OUTDOOR USE SUCH AS
 POTS, PANS, SKILLETS, GRILLS, BAKING SHEETS, BAKING MOLDS, TRAYS, BOWLS,
 CAMPING GEAR, AND COOKING UTENSILS.
   (J) "FABRIC TREATMENT" MEANS A  SUBSTANCE  APPLIED  TO  A  FABRIC  FOR
 STAIN, GREASE, OR WATER RESISTANCE.
   (K)  "MANUFACTURER"  MEANS A PERSON, FIRM, ASSOCIATION, PARTNERSHIP OR
 CORPORATION:
   (I) THAT PRODUCES OR MANUFACTURES A COVERED  PRODUCT  OR  WHOSE  BRAND
 NAME IS AFFIXED TO THE COVERED PRODUCT; OR
 S. 5648--E                          3
 
   (II) IN THE CASE OF A COVERED PRODUCT IMPORTED INTO THE UNITED STATES,
 "MANUFACTURER"  MEANS  THE IMPORTER OR FIRST DOMESTIC DISTRIBUTOR OF THE
 PRODUCT IF THE PERSON THAT MANUFACTURED OR ASSEMBLED THE COVERED PRODUCT
 OR WHOSE BRAND NAME IS AFFIXED TO THE PRODUCT DOES NOT HAVE  A  PRESENCE
 IN THE UNITED STATES.
   (L)  "RUGS" MEANS ANY CONSUMER PRODUCTS MADE FROM NATURAL OR SYNTHETIC
 FABRIC INTENDED TO BE USED AS A FLOOR COVERING, OTHER THAN CARPETS,  AND
 INCLUDES HANDMADE RUGS, AREA RUGS, OR MATS.
   (M) "SKI WAX" MEANS A LUBRICANT APPLIED TO THE BOTTOM OF SNOW RUNNERS,
 INCLUDING  SKIS  AND SNOWBOARDS, TO IMPROVE THEIR GRIP AND GLIDE PROPER-
 TIES.
   (N) "TEXTILE" MEANS ANY ITEM MADE IN WHOLE OR IN PART FROM A  NATURAL,
 MAN-MADE, OR SYNTHETIC FIBER, YARN, OR FABRIC.  TEXTILE INCLUDES, BUT IS
 NOT  LIMITED TO, THE FOLLOWING: LEATHER, COTTON, SILK, JUTE, HEMP, WOOL,
 VISCOSE, NYLON, OR POLYESTER.   "TEXTILE" DOES  NOT  INCLUDE  SINGLE-USE
 PAPER  HYGIENE  PRODUCTS,  INCLUDING,  BUT NOT LIMITED TO, TOILET PAPER,
 PAPER TOWELS OR TISSUES, OR SINGLE-USE ABSORBENT HYGIENE  PRODUCTS.  FOR
 THE  PURPOSES  OF  THIS  SUBDIVISION,  "SINGLE-USE" MEANS CONVENTIONALLY
 DISPOSED OF AFTER A SINGLE USE OR NOT SUFFICIENTLY DURABLE  OR  WASHABLE
 TO BE, OR NOT INTENDED TO BE, REUSABLE OR REFILLABLE.
   (O)  "TEXTILE ARTICLES" MEANS TEXTILE GOODS CUSTOMARILY USED IN HOUSE-
 HOLDS AND BUSINESSES INCLUDING, BUT NOT LIMITED TO,  HANDBAGS,  LUGGAGE,
 BACKPACKS,   FOOTWEAR,   COSTUMES  AND  ACCESSORIES,  DRAPERIES,  SHOWER
 CURTAINS, FURNISHINGS, UPHOLSTERY, BEDDINGS, TOWELS, NAPKINS, AND TABLE-
 CLOTHS.   FOR THE PURPOSES OF THIS  SECTION,  TEXTILE  ARTICLES  DO  NOT
 INCLUDE RUGS, PERSONAL PROTECTIVE EQUIPMENT, OR ITEMS COVERED BY SECTION
 37-0121 OF THIS ARTICLE.
   (P)  "DENTAL  FLOSS"  MEANS A THREAD, CORD, STRING OR SIMILAR MATERIAL
 THAT IS USED FOR CLEANING BETWEEN TEETH.  DENTAL  FLOSS  INCLUDES  FLOSS
 PICKS AND OTHER FLOSSING TOOLS.
   2. (A) NO PERSON SHALL SELL OR OFFER FOR SALE IN THE STATE ANY COVERED
 PRODUCT  THAT  CONTAINS  REGULATED  PERFLUOROALKYL  AND  POLYFLUOROALKYL
 SUBSTANCES PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (B) OF  SUBDIVISION
 ONE OF THIS SECTION.
   (B)  COMMENCING ON JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, NO PERSON
 SHALL SELL OR OFFER FOR SALE IN  THE  STATE  ANY  COVERED  PRODUCT  THAT
 CONTAINS  REGULATED PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES PURSU-
 ANT TO SUBPARAGRAPH (II) OF PARAGRAPH (B) OF  SUBDIVISION  ONE  OF  THIS
 SECTION.
   (C) THE PROHIBITION, SALE OR OFFER OF SALE UNDER THIS SECTION DOES NOT
 APPLY TO THE SALE OR RESALE OF USED PRODUCTS.
   3.  (A)  A MANUFACTURER OF A COVERED PRODUCT SOLD INTO THE STATE SHALL
 PROVIDE PERSONS THAT OFFER THE PRODUCT FOR SALE  IN  THE  STATE  WITH  A
 CERTIFICATE  OF  COMPLIANCE. THE CERTIFICATE OF COMPLIANCE SHALL PROVIDE
 ASSURANCE, AT A MINIMUM, THAT THE PRODUCT DOES NOT CONTAIN ANY REGULATED
 PFAS. ANY CERTIFICATE OF COMPLIANCE PROVIDED UNDER THIS PARAGRAPH  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 SECTION 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  THAT  A  COVERED  PRODUCT
 CONTAINS  REGULATED PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES AND IS
 BEING SOLD OR OFFERED  FOR  SALE  IN  VIOLATION  OF  THIS  SECTION,  THE
 MANUFACTURER OF THE COVERED PRODUCT WITHIN THIRTY DAYS SHALL:
 S. 5648--E                          4
 
   (A)  PROVIDE  THE  DEPARTMENT WITH INDEPENDENT, THIRD-PARTY LABORATORY
 TEST RESULTS DEMONSTRATING THAT THE COVERED  PRODUCT  DOES  NOT  CONTAIN
 REGULATED PFAS; OR
   (B)  NOTIFY  PERSONS  WHO SELL THAT COVERED PRODUCT IN THIS STATE THAT
 THE SALE OF THAT COVERED PRODUCT 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 THIS SECTION IF IT CAN SHOW
 THAT SUCH RETAILER RELIED IN GOOD FAITH ON THE CERTIFICATE OF COMPLIANCE
 PROVIDED FOR IN PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION.
   § 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.  Subparagraphs  (lx),  (lxi),  (lxii),  (lxiii),  (lxiv), (lxv),
 (lxvi), (lxvii), (lxviii), (lxix),  (lxx),  (lxxi),  (lxxii),  (lxxiii),
 (lxxiv),  (lxxv), (lxxvi) and (lxxvii) of paragraph (b) of subdivision 1
 of section 37-0905 of the environmental conservation law,  as  added  by
 section  1  of  subpart AA of part XX of chapter 55 of the laws of 2020,
 are amended to read as follows:
   (lx)  [Perfluorooctanoic  acid  (PFOA  &  related   substances)   (CAS
 335-67-1)]  PERFLUOROALKYL  AND POLYFLUOROALKYL SUBSTANCES AS DEFINED IN
 SECTION 37-0101 OF THIS ARTICLE
   (lxi) [Perfluorooctanyl sulphonic  acid  and  its  salts  (PFOS)  (CAS
 1763-23-1)
   (lxii)] Phenol (CAS 108-95-2)
   [(lxiii)] (LXII) Phenol, 4-octyl- (CAS 1806-26-4)
   [(lxiv)] (LXIII) P-hydroxybenzoic acid (CAS 99-96-7)
   [(lxv)] (LXIV) Propyl paraben (CAS 94-13-3)
   [(lxvi)] (LXV) Styrene (CAS 100-42-5)
   [(lxvii)] (LXVI) Tetrabromobisphenol A (CAS 79-94-7)
   [(lxviii)] (LXVII) Tetrachloroethene (CAS 127-18-4)
   [(lxix)] (LXVIII) Toluene (CAS 108-88-3)
   [(lxx)] (LXIX) Tricresyl phosphate (TCP) (CAS 1330-78-5)
   [(lxxi)] (LXX) Tri-n-butyl phosphate (TNBP) (CAS 126-73-8)
   [(lxxii)] (LXXI) Triphenyl phosphate (TPP) (CAS 115-86-6)
   [(lxxiii)]   (LXXII)  Tris(1-chloro-2-propyl)  phosphate  (TCPP)  (CAS
 13674-84-5)
   [(lxxiv)] (LXXIII) Tris(2-chloroethyl) phosphate (CAS 115-96-8)
   [(lxxv)] (LXXIV) Tris(2,3-dibromopropylphosphate) (CAS 126-72-7)
   [(lxxvi)] (LXXV) Vinyl chloride (CAS 75-01-4)
   [(lxxvii)] (LXXVI) Organohalogen flame retardants
   § 4. Paragraph (a) of subdivision 2 of section 37-0905 of the environ-
 mental conservation law is amended by adding a new  subparagraph  (viii)
 to read as follows:
   (VIII) PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
   §  5. This act shall take effect January 1, 2026. Effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5648--F
     Cal. No. 1309
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2023
                                ___________
 
 Introduced by Sens. HOYLMAN-SIGAL, CLEARE, FERNANDEZ, HARCKHAM, JACKSON,
   KRUEGER,  MAY,  RIVERA,  ROLISON, SERRANO, SKOUFIS, WEBB -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Environmental Conservation -- committee discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   recommitted to the Committee on Environmental Conservation in  accord-
   ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   reported  favorably  from  said committee, ordered to first and second
   report, amended on second report, ordered to a third reading,  and  to
   be  reprinted  as  amended,  retaining its place in the order of third
   reading -- reported favorably from said committee  to  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading

 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting  the  sale  of  certain  products  that  contain regulated
   perfluoroalkyl and polyfluoroalkyl substances
 
   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. PROHIBITION AGAINST THE SALE OF PERFLUOROALKYL AND  POLYFLUO-
              ROALKYL SUBSTANCES IN CONSUMER AND HOUSEHOLD PRODUCTS.
   1.  FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS HAVE THE FOLLOW-
 ING DEFINITIONS:
   (A) "COVERED PRODUCT" MEANS TEXTILE ARTICLES, RUGS, FABRIC TREATMENTS,
 SKI WAXES, ARCHITECTURAL PAINTS, CLEANING PRODUCTS, DENTAL FLOSS,  OR  A
 COMPONENT THEREOF.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04738-18-4
 S. 5648--F                          2
 
   (B)  "REGULATED  PERFLUOROALKYL  AND  POLYFLUOROALKYL  SUBSTANCES"  OR
 "REGULATED PFAS" MEANS PFAS THAT ARE ANY OF THE FOLLOWING:
   (I)  AN INTENTIONALLY ADDED CHEMICAL AS DEFINED IN SUBDIVISION FOUR OF
 SECTION 37-0121 OF THIS TITLE; OR
   (II) PRESENT IN A PRODUCT OR PRODUCT COMPONENT AT  OR  ABOVE  A  LEVEL
 THAT  THE DEPARTMENT SHALL ESTABLISH BY REGULATION, AS MEASURED IN TOTAL
 ORGANIC FLUORINE,  THAT  IS  THE  LOWEST  LEVEL  THAT  CAN  FEASIBLY  BE
 ACHIEVED; PROVIDED, HOWEVER, THAT THE DEPARTMENT SHALL REVIEW SUCH LEVEL
 AT LEAST EVERY FIVE YEARS TO DETERMINE WHETHER IT SHOULD BE LOWERED.
   (C)  "ARCHITECTURAL  PAINT"  MEANS INTERIOR AND EXTERIOR ARCHITECTURAL
 COATINGS;  PROVIDED,  HOWEVER,  THAT  "ARCHITECTURAL  PAINT"  SHALL  NOT
 INCLUDE INDUSTRIAL, ORIGINAL EQUIPMENT OR SPECIALTY COATINGS.
   (D)  "CLEANING  PRODUCT"  MEANS A FINISHED PRODUCT THAT IS AN AIR CARE
 PRODUCT, AUTOMOTIVE PRODUCT, GENERAL CLEANING PRODUCT, OR  A  POLISH  OR
 FLOOR  MAINTENANCE  PRODUCT  USED PRIMARILY FOR JANITORIAL, DOMESTIC, OR
 INSTITUTIONAL CLEANING PURPOSES.  "CLEANING PRODUCT" SHALL NOT MEAN  ANY
 OF THE FOLLOWING:
   (I)  FOODS,  DRUGS, COSMETICS AND PERSONAL CARE PRODUCTS AS DEFINED IN
 SECTION 37-0117 OF THIS TITLE; OR
   (II) INDUSTRIAL PRODUCTS SPECIFICALLY MANUFACTURED FOR, AND EXCLUSIVE-
 LY USED IN THE FOLLOWING: OIL  AND  GAS  PRODUCTION;  STEEL  PRODUCTION;
 HEAVY  INDUSTRY  MANUFACTURING;  INDUSTRIAL  WATER TREATMENT; INDUSTRIAL
 TEXTILE MAINTENANCE AND PROCESSING  OTHER  THAN  INDUSTRIAL  LAUNDERING;
 FOOD AND BEVERAGE PROCESSING AND PACKAGING; OR OTHER INDUSTRIAL MANUFAC-
 TURING PROCESSES.
   (E)  "AIR CARE PRODUCT" MEANS A CHEMICALLY FORMULATED CONSUMER PRODUCT
 LABELED TO INDICATE THAT THE PURPOSE OF THE PRODUCT  IS  TO  ENHANCE  OR
 CONDITION  THE  INDOOR  ENVIRONMENT  BY  ELIMINATING UNPLEASANT ODORS OR
 FRESHENING THE AIR.
   (F) "AUTOMOTIVE PRODUCT" MEANS A CHEMICALLY FORMULATED CONSUMER  PROD-
 UCT  LABELED  TO INDICATE THAT THE PURPOSE OF THE PRODUCT IS TO MAINTAIN
 THE APPEARANCE OF A MOTOR VEHICLE, AS DEFINED  IN  SECTION  ONE  HUNDRED
 TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW, INCLUDING PRODUCTS FOR WASH-
 ING,  WAXING,  POLISHING, CLEANING, OR TREATING THE EXTERIOR OR INTERIOR
 SURFACES OF MOTOR VEHICLES. "AUTOMOTIVE PRODUCT" DOES NOT INCLUDE  AUTO-
 MOTIVE PAINT OR PAINT REPAIR PRODUCTS.
   (G) "GENERAL CLEANING PRODUCT" MEANS A SOAP, DETERGENT, OR OTHER CHEM-
 ICALLY  FORMULATED CONSUMER PRODUCT LABELED TO INDICATE THAT THE PURPOSE
 OF THE PRODUCT IS TO CLEAN, DISINFECT, OR  OTHERWISE  CARE  FOR  FABRIC,
 DISHES,  OR OTHER WARES; SURFACES INCLUDING, BUT NOT LIMITED TO, FLOORS,
 FURNITURE, COUNTERTOPS, SHOWERS, AND BATHS; OR OTHER HARD SURFACES, SUCH
 AS STOVETOPS, MICROWAVES, AND OTHER APPLIANCES.
   (H) "POLISH OR FLOOR MAINTENANCE PRODUCT" MEANS  A  CHEMICALLY  FORMU-
 LATED  CONSUMER PRODUCT, SUCH AS POLISH, WAX, A STRIPPER, OR A RESTORER,
 LABELED TO INDICATE THAT THE  PURPOSE  OF  THE  PRODUCT  IS  TO  POLISH,
 PROTECT,  BUFF,  CONDITION,  TEMPORARILY SEAL, STRIP, OR MAINTAIN FURNI-
 TURE, FLOORS, METAL, LEATHER, OR OTHER SURFACES.
   (I) "FABRIC TREATMENT" MEANS A  SUBSTANCE  APPLIED  TO  A  FABRIC  FOR
 STAIN, GREASE, OR WATER RESISTANCE.
   (J)  "MANUFACTURER"  MEANS A PERSON, FIRM, ASSOCIATION, PARTNERSHIP OR
 CORPORATION:
   (I) THAT PRODUCES OR MANUFACTURES A COVERED  PRODUCT  OR  WHOSE  BRAND
 NAME IS AFFIXED TO THE COVERED PRODUCT; OR
   (II) IN THE CASE OF A COVERED PRODUCT IMPORTED INTO THE UNITED STATES,
 "MANUFACTURER"  MEANS  THE IMPORTER OR FIRST DOMESTIC DISTRIBUTOR OF THE
 PRODUCT IF THE PERSON THAT MANUFACTURED OR ASSEMBLED THE COVERED PRODUCT
 S. 5648--F                          3
 
 OR WHOSE BRAND NAME IS AFFIXED TO THE PRODUCT DOES NOT HAVE  A  PRESENCE
 IN THE UNITED STATES.
   (K)  "RUGS" MEANS ANY CONSUMER PRODUCTS MADE FROM NATURAL OR SYNTHETIC
 FABRIC INTENDED TO BE USED AS A FLOOR COVERING, OTHER THAN CARPETS,  AND
 INCLUDES  HANDMADE  RUGS,  AREA RUGS, OR MATS.  "RUG" DOES NOT INCLUDE A
 RUG OR MAT INTENDED SOLELY FOR USE  INSIDE:  (I)  A  MOTOR  VEHICLE,  AS
 DEFINED  BY  SECTION  ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC
 LAW; (II) A VESSEL, AS DEFINED BY SECTION TWO OF THE NAVIGATION LAW;  OR
 (III)  AN  AIRCRAFT,  AS DEFINED BY SECTION TWO HUNDRED AND FORTY OF THE
 GENERAL BUSINESS LAW.
   (L) "SKI WAX" MEANS A LUBRICANT APPLIED TO THE BOTTOM OF SNOW RUNNERS,
 INCLUDING SKIS AND SNOWBOARDS, TO IMPROVE THEIR GRIP AND  GLIDE  PROPER-
 TIES.
   (M)  "TEXTILE" MEANS ANY ITEM MADE IN WHOLE OR IN PART FROM A NATURAL,
 MAN-MADE, OR SYNTHETIC FIBER, YARN, OR FABRIC.  TEXTILE INCLUDES, BUT IS
 NOT LIMITED TO, THE FOLLOWING: LEATHER, COTTON, SILK, JUTE, HEMP,  WOOL,
 VISCOSE,  NYLON,  OR  POLYESTER.   "TEXTILE" DOES NOT INCLUDE SINGLE-USE
 PAPER HYGIENE PRODUCTS, INCLUDING, BUT NOT  LIMITED  TO,  TOILET  PAPER,
 PAPER  TOWELS  OR TISSUES, OR SINGLE-USE ABSORBENT HYGIENE PRODUCTS. FOR
 THE PURPOSES OF  THIS  SUBDIVISION,  "SINGLE-USE"  MEANS  CONVENTIONALLY
 DISPOSED  OF  AFTER A SINGLE USE OR NOT SUFFICIENTLY DURABLE OR WASHABLE
 TO BE, OR NOT INTENDED TO BE, REUSABLE OR REFILLABLE.
   (N) "TEXTILE ARTICLES" MEANS TEXTILE GOODS CUSTOMARILY USED IN  HOUSE-
 HOLDS  AND  BUSINESSES INCLUDING, BUT NOT LIMITED TO, HANDBAGS, LUGGAGE,
 BACKPACKS,  FOOTWEAR,  COSTUMES  AND  ACCESSORIES,   DRAPERIES,   SHOWER
 CURTAINS, FURNISHINGS, UPHOLSTERY, BEDDINGS, TOWELS, NAPKINS, AND TABLE-
 CLOTHS.    FOR  THE PURPOSES OF THIS SECTION, "TEXTILE ARTICLE" DOES NOT
 INCLUDE (I) RUGS; (II)  PERSONAL  PROTECTIVE  EQUIPMENT,  INCLUDING  FOR
 MEDICAL  PURPOSES;  (III) ITEMS COVERED BY SECTION 37-0121 OF THIS ARTI-
 CLE; OR (IV) ANY TEXTILE GOOD INTENDED SOLELY  FOR  USE  INSIDE:  (A)  A
 MOTOR  VEHICLE,  AS  DEFINED  BY  SECTION ONE HUNDRED TWENTY-FIVE OF THE
 VEHICLE AND TRAFFIC LAW; (B) A VESSEL, AS DEFINED BY SECTION TWO OF  THE
 NAVIGATION  LAW;  (C) AN AIRCRAFT, AS DEFINED BY SECTION TWO HUNDRED AND
 FORTY OF THE GENERAL BUSINESS LAW; OR  (D)  TEXTILE  ARTICLES  USED  FOR
 LABORATORY ANALYSIS AND TESTING.
   (O)  "DENTAL  FLOSS"  MEANS A THREAD, CORD, STRING OR SIMILAR MATERIAL
 THAT IS USED FOR CLEANING BETWEEN TEETH.  DENTAL  FLOSS  INCLUDES  FLOSS
 PICKS AND OTHER FLOSSING TOOLS.
   2. (A) NO PERSON SHALL SELL OR OFFER FOR SALE IN THE STATE ANY COVERED
 PRODUCT  THAT  CONTAINS  REGULATED  PERFLUOROALKYL  AND  POLYFLUOROALKYL
 SUBSTANCES PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (B) OF  SUBDIVISION
 ONE OF THIS SECTION.
   (B)  COMMENCING ON JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, NO PERSON
 SHALL SELL OR OFFER FOR SALE IN  THE  STATE  ANY  COVERED  PRODUCT  THAT
 CONTAINS  REGULATED PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES PURSU-
 ANT TO SUBPARAGRAPH (II) OF PARAGRAPH (B) OF  SUBDIVISION  ONE  OF  THIS
 SECTION.
   (C) THE PROHIBITION, SALE OR OFFER OF SALE UNDER THIS SECTION DOES NOT
 APPLY TO THE SALE OR RESALE OF USED PRODUCTS.
   3.  (A)  A MANUFACTURER OF A COVERED PRODUCT SOLD INTO THE STATE SHALL
 PROVIDE PERSONS THAT OFFER THE PRODUCT FOR SALE  IN  THE  STATE  WITH  A
 CERTIFICATE  OF  COMPLIANCE. THE CERTIFICATE OF COMPLIANCE SHALL PROVIDE
 ASSURANCE, AT A MINIMUM, THAT THE PRODUCT DOES NOT CONTAIN ANY REGULATED
 PFAS. ANY CERTIFICATE OF COMPLIANCE PROVIDED UNDER THIS PARAGRAPH  SHALL
 BE SIGNED BY AN AUTHORIZED OFFICIAL OF THE MANUFACTURER.
 S. 5648--F                          4
 
   (B)  IN  ADDITION  TO  ANY  OTHER  APPLICABLE PENALTIES, IT SHALL BE A
 VIOLATION OF THIS SECTION 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 THAT A COVERED PRODUCT
 CONTAINS REGULATED PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES AND  IS
 BEING  SOLD  OR  OFFERED  FOR  SALE  IN  VIOLATION  OF THIS SECTION, THE
 MANUFACTURER OF THE COVERED PRODUCT WITHIN THIRTY DAYS SHALL:
   (A) PROVIDE THE DEPARTMENT WITH  INDEPENDENT,  THIRD-PARTY  LABORATORY
 TEST  RESULTS  DEMONSTRATING  THAT  THE COVERED PRODUCT DOES NOT CONTAIN
 REGULATED PFAS; OR
   (B) NOTIFY PERSONS WHO SELL THAT COVERED PRODUCT IN  THIS  STATE  THAT
 THE SALE OF THAT COVERED PRODUCT 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 THIS SECTION IF IT  CAN  SHOW
 THAT SUCH RETAILER RELIED IN GOOD FAITH ON THE CERTIFICATE OF COMPLIANCE
 PROVIDED FOR IN PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION.
   §  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.  Subparagraphs  (lx),  (lxi),  (lxii),  (lxiii),  (lxiv),  (lxv),
 (lxvi),  (lxvii),  (lxviii),  (lxix),  (lxx), (lxxi), (lxxii), (lxxiii),
 (lxxiv), (lxxv), (lxxvi) and (lxxvii) of paragraph (b) of subdivision  1
 of  section  37-0905  of the environmental conservation law, as added by
 section 1 of subpart AA of part XX of chapter 55 of the  laws  of  2020,
 are amended to read as follows:
   (lx)   [Perfluorooctanoic   acid  (PFOA  &  related  substances)  (CAS
 335-67-1)] PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES AS  DEFINED  IN
 SECTION 37-0101 OF THIS ARTICLE
   (lxi)  [Perfluorooctanyl  sulphonic  acid  and  its  salts (PFOS) (CAS
 1763-23-1)
   (lxii)] Phenol (CAS 108-95-2)
   [(lxiii)] (LXII) Phenol, 4-octyl- (CAS 1806-26-4)
   [(lxiv)] (LXIII) P-hydroxybenzoic acid (CAS 99-96-7)
   [(lxv)] (LXIV) Propyl paraben (CAS 94-13-3)
   [(lxvi)] (LXV) Styrene (CAS 100-42-5)
   [(lxvii)] (LXVI) Tetrabromobisphenol A (CAS 79-94-7)
   [(lxviii)] (LXVII) Tetrachloroethene (CAS 127-18-4)
   [(lxix)] (LXVIII) Toluene (CAS 108-88-3)
   [(lxx)] (LXIX) Tricresyl phosphate (TCP) (CAS 1330-78-5)
   [(lxxi)] (LXX) Tri-n-butyl phosphate (TNBP) (CAS 126-73-8)
   [(lxxii)] (LXXI) Triphenyl phosphate (TPP) (CAS 115-86-6)
   [(lxxiii)]  (LXXII)  Tris(1-chloro-2-propyl)  phosphate  (TCPP)   (CAS
 13674-84-5)
   [(lxxiv)] (LXXIII) Tris(2-chloroethyl) phosphate (CAS 115-96-8)
   [(lxxv)] (LXXIV) Tris(2,3-dibromopropylphosphate) (CAS 126-72-7)
   [(lxxvi)] (LXXV) Vinyl chloride (CAS 75-01-4)
   [(lxxvii)] (LXXVI) Organohalogen flame retardants
 S. 5648--F                          5
 
   § 4. Paragraph (a) of subdivision 2 of section 37-0905 of the environ-
 mental  conservation  law is amended by adding a new subparagraph (viii)
 to read as follows:
   (VIII) PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
   §  5. This act shall take effect January 1, 2026. Effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.