Bill Text: NY S08932 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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, 2026; 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2024-06-06 - referred to environmental conservation [S08932 Detail]
Download: New_York-2023-S08932-Introduced.html
Bill Title: 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, 2026; 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2024-06-06 - referred to environmental conservation [S08932 Detail]
Download: New_York-2023-S08932-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8932 IN SENATE April 1, 2024 ___________ 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: 1 Section 1. Article 37 of the environmental conservation law is 2 amended by adding a new title 4 to read as follows: 3 TITLE IV 4 REGULATION OF TOXIC SUBSTANCES IN PLAYGROUND SURFACING MATERIALS 5 Section 37-0401. Definitions. 6 37-0403. Prohibition on sale, distribution, or offer for sale of 7 playground surfacing materials containing PFAS, PAHs, 8 or certain quantities of lead. 9 37-0405. Required notification. 10 37-0407. Violations. 11 § 37-0401. Definitions. 12 As used in this title, the following terms shall have the following 13 meanings: 14 1. "Playground surfacing materials" means products, materials, or 15 substances used or installed on the ground surface of a playground. 16 2. "Playground" means an outdoor recreation area for children equipped 17 with one or more play structures. 18 3. "Manufacturer" means the person that manufactures a product or 19 whose brand name is affixed to the product. In the case of a product 20 imported into the United States, "manufacturer" includes the importer or 21 first domestic distributor of the product if the person that manufac- 22 tured or assembled the product or whose brand name is affixed to the 23 product does not have a presence in the United States. 24 4. "PFAS" means perfluoroalkyl and polyfluoroalkyl substances and 25 includes any member of the class of fluorinated organic chemicals 26 containing at least one fully flourished carbon atom. 27 5. "PAHs" means polycyclic aromatic hydrocarbons. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14813-02-4S. 8932 2 1 § 37-0403. Prohibition on sale, distribution, or offer for sale of play- 2 ground surfacing materials containing PFAS, PAHs, or 3 certain quantities of lead. 4 Commencing on January first, two thousand twenty-six, no person shall 5 sell, distribute, or offer for sale in this state any playground surfac- 6 ing material that contains PFAS, PAHs, or more than ninety parts per 7 million of lead. 8 § 37-0405. Required notification. 9 1. A manufacturer of playground surfacing materials sold into the 10 state shall provide persons that offer the product for sale or 11 distribution in the state with a certificate of compliance. The certif- 12 icate of compliance shall provide assurance, at a minimum, that the 13 product does not contain any intentionally added PFAS, PAHs, or an 14 amount of lead that is more than ninety parts per million. Any certif- 15 icate of compliance provided under this section shall be signed by an 16 authorized official of the manufacturer. 17 2. If PFAS, PAHs, or an amount of lead that is more than ninety parts 18 per million are discovered in playground surfacing materials after the 19 issuance of a certificate of compliance, the manufacturer shall recall 20 the playground surfacing materials and reimburse the distributor or 21 retailer for the playground surfacing materials. 22 § 37-0407. Violations. 23 1. A violation of any of the provisions of this title or any rule or 24 regulation promulgated pursuant thereto shall be punishable in the case 25 of a first violation, by a civil penalty not to exceed ten thousand 26 dollars. In the case of a second and any further violation, the liabil- 27 ity shall be for a civil penalty not to exceed twenty-five thousand 28 dollars for each violation. 29 2. If the department has reason to believe that a playground surfacing 30 material contains PFAS, PAHs, or an amount of lead that is more than 31 ninety parts per million and is being distributed, sold, or offered 32 for sale in violation of this section, the department shall direct the 33 manufacturer of the playground surfacing materials to, within thirty 34 days: 35 (a) provide the department with independent, third-party laboratory 36 test results demonstrating that the playground surfacing materials do 37 not contain PFAS, PAHs, or an amount of lead that is more than ninety 38 parts per million; or 39 (b) notify persons who sell the playground surfacing materials in 40 this state that the sale of the playground surfacing materials is 41 prohibited in this state and provide the department with a list of the 42 names and addresses of those notified. 43 3. A distributor or retailer of a product, who is not also the 44 manufacturer of the product, shall not be held in violation of this 45 title if it can show that such distributor or retailer relied in good 46 faith on the certificate of compliance provided for in subdivision one 47 of section 37-0405 of this title or the retailer received a notification 48 pursuant to subdivision two of this section. 49 4. The department shall make information about any citation issued 50 pursuant to this section available to the public on its internet 51 website. 52 § 2. This act shall take effect immediately.
