Bill Text: NY A09572 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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                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.
                                                                   LBD14481-03-4
        A. 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 symptoms
        A. 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 liable
        A. 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.