Bill Text: NY A09572 | 2023-2024 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires the display of certain labels and warnings on gas stoves sold, displayed for sale, or offered for sale at retail to a consumer in this state; authorizes the department of state to adopt regulations regarding the placement and format of such labels; provides for penalties; authorizes the attorney general to enforce such provisions.
Spectrum: Partisan Bill (Democrat 33-0)
Status: (Introduced) 2024-06-03 - amend and recommit to rules 9572b [A09572 Detail]
Download: New_York-2023-A09572-Amended.html
Bill Title: Requires the display of certain labels and warnings on gas stoves sold, displayed for sale, or offered for sale at retail to a consumer in this state; authorizes the department of state to adopt regulations regarding the placement and format of such labels; provides for penalties; authorizes the attorney general to enforce such provisions.
Spectrum: Partisan Bill (Democrat 33-0)
Status: (Introduced) 2024-06-03 - amend and recommit to rules 9572b [A09572 Detail]
Download: New_York-2023-A09572-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 9572--A IN ASSEMBLY March 20, 2024 ___________ Introduced by M. of A. SOLAGES, MAMDANI, SIMONE, SHIMSKY, DICKENS, ANDERSON, DARLING, GUNTHER, THIELE, CHANDLER-WATERMAN, McDONALD, GALLAGHER, TAPIA, EACHUS, DAVILA, SAYEGH, L. ROSENTHAL, LEVENBERG, BURDICK, REYES, LUCAS, WEPRIN, BICHOTTE HERMELYN, TAYLOR, HEVESI -- read once and referred to the Committee on Consumer Affairs and Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to labeling requirements for gas stoves The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Healthy Homes Right To Know Act". 3 § 2. Legislative findings. The legislature finds and declares that: 4 1. New York has a long history of protecting its citizens by making 5 sure they have adequate knowledge to make informed purchasing decisions. 6 2. The public is broadly unaware of the health dangers posed by gas 7 stoves. On May 8, 2023, ten state attorneys general, including the 8 attorney general of New York State as well as the New York City Corpo- 9 ration Counsel, sent a letter to the Consumer Product Safety Commission 10 (CPSC), in which they asserted, "Most of the research and evidence on 11 the health risks associated with elevated levels of emissions from gas 12 appliances has been circulated among decisionmakers and engaged stake- 13 holders. This has left the public to try to piece together health and 14 safety information--which can be false or misleading--from the internet, 15 social media, and other non-authoritative sources. Thus, when it comes 16 to gas stove emissions, consumers are presently unprotected against, and 17 inadequately informed about, the health hazards these appliances pose." 18 Those dangers may now be particularly acute as, according to the U.S. 19 Environmental Protection Agency, "Americans on average, spend approxi- 20 mately 90% of their time indoors where concentrations of some pollutants 21 are often 2 to 5 times higher than typical outdoor concentrations." 22 3. The same letter suggests, "requiring warning labels on gas stoves 23 that provide more information on their health risks". The letter goes on EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14481-03-4A. 9572--A 2 1 to say, "Proper labeling on gas stoves would represent an important step 2 in helping to educate consumers about the health risks associated with 3 gas stoves. Providing this information upfront is essential to enabling 4 consumers to make a fully informed decision." 5 4. Current New York state regulations regarding unvented gas appli- 6 ances are inconsistent. Since there is no statewide requirement that gas 7 stoves be ventilated to the outdoors, a precautionary approach to public 8 safety requires that these appliances be treated as unvented. 9 5. Although the research regarding the impacts of unvented gas heaters 10 is vastly less robust than that regarding gas stoves, the New York State 11 Department of Health nonetheless adopted regulations in January of 2023 12 to require labeling of unvented gas heaters including, "WARNING: This 13 appliance produces CARBON MONOXIDE, a poisonous gas. You MUST use carbon 14 monoxide alarms to avoid injury or death". Labeling requirements for 15 unvented heaters in California also include warnings of exposure to: 16 "...chemicals including benzene, which is known to the state of Califor- 17 nia to cause cancer and cause birth defects or other reproductive harm". 18 6. Given that the research regarding gas stoves is even more complete 19 and compelling, New York State should also act to inform the public as 20 has already been done with unvented gas heaters. 21 7. The scientific consensus on gas stove emissions is robust and grow- 22 ing. It is now understood that gas stoves can emit carbon monoxide 23 (CO), nitrogen dioxide (NO2), benzene, and formaldehyde. Methane emis- 24 sions can occur even when the gas stove is turned off. According to the 25 Concerned Health Professionals of New York and the Physicians for Social 26 Responsibility, "Nearly three-quarters of methane emissions from gas 27 stoves take place while the stove is turned off and not in use. At the 28 same time levels of hazardous air pollutants from everyday use of gas 29 stoves often exceed the limits of outdoor air quality standards. Indoor 30 concentrations are often much higher than health-protective guidelines 31 set by the World Health Organization." 32 8. According to the Centers for Disease Control and Prevention, 33 "Carbon monoxide, or "CO," is an odorless, colorless gas that can kill 34 you". The New York State Department of Health refers to carbon monoxide 35 as a poisonous gas. Approximately 430 people die each year from carbon 36 monoxide exposure. Thousands more become ill and seek medical attention. 37 Carbon monoxide poisoning is estimated to cause more than 50,000 emer- 38 gency room visits in the United States each year. According to the New 39 York State Department of Health, annually, "In New York State, about 200 40 people are hospitalized and over 1800 people visit an emergency depart- 41 ment because of accidental CO poisoning." The numbers of accidental 42 poisonings are on the rise. The U.S. Consumer Product Safety Commission 43 "found evidence of a statistically significant upward trend in non-fire 44 CO deaths for the 11-year period from 2009 to 2019". According to 45 Preventative Medicine reports, "Accidental, non-fire related poisoning 46 accounts for over $1.3 billion annually in societal costs." 47 9. Notably, while carbon monoxide alarms are an important preventative 48 measure to lower the risk of carbon monoxide poisoning, they are not 49 guaranteed to be effective. According to the National Carbon Monoxide 50 Awareness Association: "Only 14% of families in the US have a properly 51 functioning carbon monoxide alarm". An earlier report showed that in 52 2009, 83% of NYC residents reported having CO alarms. However, only 54% 53 of them had recently tested or replaced their batteries. 54 10. Nitrogen dioxide, or NO2, is a gaseous air pollutant composed of 55 nitrogen and oxygen and is formed when fossil fuels are burned. The EPA 56 has determined that NO2 is "causal" of more severe respiratory symptomsA. 9572--A 3 1 in people with asthma and that long-term exposure to NO2 is "likely 2 causal" of respiratory illnesses such as asthma. The New England Journal 3 of Medicine has found that, "Gas combustion in stoves, boilers and 4 furnaces generates oxides of nitrogen," to which the article attributes, 5 "Increased asthma risk; exacerbation of COPD and cardiovascular 6 disease". The EPA includes NO2 on its list of asthma triggers, and 7 "unvented combustion appliances, e.g. gas stoves" is first on its list 8 of "primary sources of NO2 indoors". 9 11. Each year, asthma accounts for more than 439,000 hospitalizations, 10 1.6 million emergency department visits, and 10.5 million physician 11 office visits in the United States. About 10 people die from the disease 12 every day. Asthma has been linked to 13.8 million missed school days and 13 14.2 million missed workdays annually. The cost of treating asthma in 14 the United States is $62.8 billion every year. 15 12. A 2013 meta-analysis of 41 studies found that children living in 16 homes with gas stoves had a 42 percent higher risk of experiencing asth- 17 ma symptoms, and, over their lifetime, a 24 percent increase in the risk 18 of being diagnosed with asthma, and a 2022 peer-reviewed research paper 19 published in the International Journal of Environmental Research and 20 Public Health found that more than 12% of current childhood asthma cases 21 in the US can be attributed to gas stove use. The same paper suggests 22 that attribution number is 18.8% of children with asthma in New York 23 State. 24 13. The asthma crisis does not equally affect all New York communi- 25 ties. Black Americans are approximately two times more likely to die of 26 asthma than White Americans. Further, the percentage of Black children 27 in the U.S. suffering from asthma is nearly twice that of White chil- 28 dren, and their death rate is ten times higher. According to a 2023 29 joint report from the New York State Department of Health and the New 30 York City Department of Health and Mental Hygiene, "The burden of asthma 31 falls disproportionately among specific demographic groups, specifically 32 for persons and communities of color, where asthma prevalence is higher 33 among Black, American Indian, and multiracial New Yorkers." The Centers 34 for Disease Control and Prevention concurs with the assessment of 35 disproportionate burden. 36 14. While the age-adjusted asthma mortality rate for New York City is 37 higher than for New York State as a whole, with the Bronx demonstrating 38 a notably higher mortality rate than the other boroughs, this problem 39 should not be construed as a New York City issue. Other hotspots exist 40 around the state. For example, years of academic research has convinc- 41 ingly demonstrated alarmingly high rates of asthma on Buffalo's West 42 Side. A study by Dr. Lwebuga-Mukasa, Professor of Medicine at the 43 University of Buffalo, found that "nearly 45% of West Side households 44 reported at least one case of chronic respiratory illness or asthma". 45 15. Gas and propane combustion from gas stoves emits benzene. A study 46 from the Stanford Woods Institute for the Environment found that a 47 single gas cooktop burner set on high, or an oven set at 350 degrees 48 Fahrenheit can, "raise indoor levels of the carcinogen benzene above 49 those of secondhand smoke". According to the World Health Organization, 50 "Human exposure to benzene has been associated with a range of acute and 51 long-term adverse health effects and diseases, including cancer and 52 haematological effects." 53 16. Formaldehyde is listed as a human carcinogen and has been found at 54 more elevated levels associated with gas burners set to "simmer". 55 17. Ventilation of gas stove emissions to the outdoors can improve 56 indoor air quality. However, many homeowners do not have ventilation,A. 9572--A 4 1 and it is not required by state law. In addition, studies also show that 2 many people who have ventilation systems don't use them, often because 3 of noise concerns. Vents can become blocked with debris and the effec- 4 tiveness of ventilation systems can be compromised by changes in air 5 pressure in the building envelope caused by the opening of windows or 6 doors or the activation of bathroom fans, for example. Lastly, some 7 people with range hoods may be under the mistaken belief that pollutants 8 are being vented outdoors when in fact many hoods simply recirculate the 9 air into the kitchen after filtering it. The effectiveness of filtration 10 varies widely and is partially based on active maintenance of the 11 filtration system. 12 18. Therefore it is the intent of the legislature to promote public 13 health, support informed consumer choice, and create consistent public 14 policy, by requiring labeling and signage regarding the health impacts 15 of gas stoves. 16 § 3. The general business law is amended by adding a new section 322-d 17 to read as follows: 18 § 322-d. Labeling requirements for gas stoves. 1. For the purposes of 19 this section, "gas stove" means a stove or range that utilizes natural 20 gas or propane and is used for food preparation, whether in a commercial 21 or residential setting, and provides at least one of the following func- 22 tions: 23 (a) surface cooking; 24 (b) oven cooking; or 25 (c) broiling. 26 2. No person, firm, partnership, association, or corporation shall 27 sell or offer for sale to a consumer in this state any gas stove unless 28 the following requirements are met: 29 (a) A removable label is affixed to the gas stove if such stove is 30 displayed for sale outside of a package, or the package in which it is 31 contained, with a type size no smaller than the largest type size used 32 for other consumer information on the product or package, is in a promi- 33 nent location, and bears the following message: 34 "WARNING: Gas stoves can release NITROGEN DIOXIDE and CARBON MONOXIDE 35 (a poisonous gas) inside homes at levels exceeding the EPA's standards 36 for outdoor air quality. The presence of these pollutants may exacer- 37 bate pre-existing respiratory illnesses or lead to the development of 38 asthma, especially in children. Gas stoves may also release other 39 pollutants including BENZENE, and FORMALDEHYDE." 40 (b) (i) A sign or poster shall be displayed conspicuously at the prem- 41 ises on which the sale takes place bearing the message required by para- 42 graph (a) of this subdivision. Such sign or poster must have conspicuous 43 lettering in at least seventy-two point bold face type, except that the 44 word "warning" shall be in at least two-inch lettering. Such sign or 45 poster shall be placed as close as possible to the place where gas 46 stoves are displayed for sale so that it is noticeable and easily read- 47 able by a consumer examining any displayed gas stoves for sale. 48 (ii) If the sale takes place on the internet, a notice shall be posted 49 in a conspicuous location on the web page on which the gas stove is 50 listed for sale, bearing the message required by paragraph (a) of this 51 subdivision. 52 3. The department of state may adopt regulations regarding the place- 53 ment and format of labels, signs, and posters to comply with this 54 section. 55 4. Any person who violates any provision of this section shall receive 56 a warning notice for the first such violation. A person shall be liableA. 9572--A 5 1 to the state of New York for a civil penalty not to exceed two hundred 2 fifty dollars for the second violation and one thousand dollars for any 3 subsequent violation in the same calendar year. A hearing or opportunity 4 to be heard shall be provided prior to the assessment of any civil 5 penalty. 6 5. The department of state and the office of the attorney general are 7 authorized to enforce the provisions of this section. 8 § 4. This act shall take effect one year after it shall have become a 9 law.
