STATE OF NEW YORK ________________________________________________________________________ 992 2023-2024 Regular Sessions IN SENATE January 9, 2023 ___________ Introduced by Sen. HOYLMAN -- 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 prohibiting the sale and distribution of anti-fogging sprays and wipes containing perfluoroalkyl and polyfluoroalkyl substances 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 amended 2 by adding a new title 11 to read as follows: 3 TITLE 11 4 PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES 5 Section 37-1101. Definitions. 6 37-1103. Applicability. 7 37-1105. Prohibition on the sale and distribution of anti-fog- 8 ging sprays and wipes containing perfluoroalkyl and 9 polyfluoroalkyl substances. 10 37-1107. Product labeling. 11 37-1109. Preemption. 12 37-1111. Rules and regulations. 13 37-11113. Violations. 14 § 37-1101. Definitions. 15 As used in this title: 16 1. "Anti-fogging sprays and wipes" means any product, including a 17 spray, cloth, wipe or other material, that is intended to prevent 18 condensation on eyeglasses. 19 2. "Distributor" means a person, firm, association, partnership or 20 corporation, who or which imports or causes to be imported into the 21 state, any product containing PFAS substances. 22 3. "Intentionally added chemical" shall have the same meaning as 23 subdivision eleven of section 37-0901 of this article. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04073-01-3S. 992 2 1 4. "Manufacturer" means a person, firm, association, partnership or 2 corporation, who or which makes products containing PFAS substances. 3 5. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS 4 substances" means a class of fluorinated organic chemicals containing at 5 least one fully fluorinated carbon atom. 6 6. "Person" means a natural person, corporation, company, partnership, 7 trust or association. 8 § 37-1103. Applicability. 9 The provisions of this title shall apply to the distribution, sale, 10 offer for sale or offer for distribution of products containing perfluo- 11 roalkyl and polyfluoroalkyl substances on or after the effective date of 12 this title. 13 § 37-1105. Prohibition on the sale and distribution of anti-fogging 14 sprays and wipes containing perfluoroalkyl and polyfluoro- 15 alkyl substances. 16 No person shall distribute, sell, offer for sale or offer for distrib- 17 ution in this state anti-fogging sprays and wipes containing perfluoro- 18 alkyl and polyfluoroalkyl substances as intentionally added chemicals. 19 § 37-1107. Product labeling. 20 The commissioner may authorize product labeling of products that do 21 not contain perfluoroalkyl and polyfluoroalkyl substances regulated 22 pursuant to the provisions of this title. The label on such products may 23 prominently state "perfluoroalkyl and polyfluoroalkyl-free" or 24 "PFAS-Free" to inform consumers that the product does not contain 25 perfluoroalkyl and polyfluoroalkyl substances. 26 § 37-1109. Preemption. 27 To the extent not inconsistent with federal law, jurisdiction in all 28 matters pertaining to products containing perfluoroalkyl and polyfluoro- 29 alkyl substances which are regulated pursuant to the provisions of this 30 title shall be vested exclusively in the state. 31 § 37-1111. Rules and regulations. 32 The commissioner shall have the power to adopt rules and regulations 33 to provide for the effective application and enforcement of this title. 34 § 37-1113. Violations. 35 1. A violation of any of the provisions of this title or of any rule 36 or regulation promulgated pursuant thereto shall be punishable in the 37 case of a first violation, by a civil penalty not to exceed ten thousand 38 dollars. In the case of a second and any further violation, the liabil- 39 ity shall be for a civil penalty not to exceed twenty-five thousand 40 dollars for each violation. 41 2. No person shall be held in violation of this title if such person 42 can show that, in the purchase of a product from a manufacturer or 43 distributor, such person relied in good faith on the written assurance 44 of the manufacturer or distributor of such product that such product met 45 the requirements of this title. Such written assurance shall take such 46 form as shall be prescribed by the department by regulation. 47 § 2. Severability. If any clause, sentence, paragraph, subdivision or 48 section of this act shall be adjudged by any court of competent juris- 49 diction to be invalid, such judgment shall not affect, impair, or inval- 50 idate the remainder thereof, but shall be confined in its operation to 51 the clause, sentence, paragraph, subdivision, section or part thereof 52 directly involved in the controversy in which such judgment shall have 53 been rendered. It is hereby declared to be the intent of the legislature 54 that this act would have been enacted even if such invalid provisions 55 had not been included herein.S. 992 3 1 § 3. This act shall take effect December 31, 2023. Effective imme- 2 diately, the addition, amendment and/or repeal of any rule or regulation 3 necessary for the implementation of this act on its effective date are 4 authorized and directed to be made and completed on or before such 5 effective date.