Bill Text: NY S09105 | 2023-2024 | General Assembly | Introduced

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

---

Bill Title: Prohibits the sale, attempt to sell, display for sale, or offering for sale to a consumer in this state of a gas stove, unless the stove displays certain labels and warnings; 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 19-0)

Status: (Introduced) 2024-06-03 - PRINT NUMBER 9105B [S09105 Detail]

Download: New_York-2023-S09105-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          9105

                    IN SENATE

                                     April 26, 2024
                                       ___________

        Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection

        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
    24  to say, "Proper labeling on gas stoves would represent an important step
    25  in  helping  to educate consumers about the health risks associated with
    26  gas stoves. Providing this information upfront is essential to  enabling
    27  consumers to make a fully informed decision."

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14481-02-4
        S. 9105                             2

     1    4.  Current  New  York state regulations regarding unvented gas appli-
     2  ances are inconsistent. Since there is no statewide requirement that gas
     3  stoves be ventilated to the outdoors, a precautionary approach to public
     4  safety requires that these appliances be treated as unvented.
     5    5. Although the research regarding the impacts of unvented gas heaters
     6  is vastly less robust than that regarding gas stoves, the New York State
     7  Department  of Health nonetheless adopted regulations in January of 2023
     8  to require labeling of unvented gas heaters  including,  "WARNING:  This
     9  appliance produces CARBON MONOXIDE, a poisonous gas. You MUST use carbon
    10  monoxide  alarms  to  avoid  injury or death". Labeling requirements for
    11  unvented heaters in California also include  warnings  of  exposure  to:
    12  "...chemicals including benzene, which is known to the state of Califor-
    13  nia to cause cancer and cause birth defects or other reproductive harm".
    14    6.  Given that the research regarding gas stoves is even more complete
    15  and compelling, New York State should also act to inform the  public  as
    16  has already been done with unvented gas heaters.
    17    7. The scientific consensus on gas stove emissions is robust and grow-
    18  ing.    It  is  now  understood that gas stoves can emit carbon monoxide
    19  (CO), nitrogen dioxide (NO2), benzene, and formaldehyde.  Methane  emis-
    20  sions  can occur even when the gas stove is turned off. According to the
    21  Concerned Health Professionals of New York and the Physicians for Social
    22  Responsibility, "Nearly three-quarters of  methane  emissions  from  gas
    23  stoves  take  place while the stove is turned off and not in use. At the
    24  same time levels of hazardous air pollutants from everyday  use  of  gas
    25  stoves  often exceed the limits of outdoor air quality standards. Indoor
    26  concentrations are often much higher than  health-protective  guidelines
    27  set by the World Health Organization."
    28    8.  According  to  the  Centers  for  Disease  Control and Prevention,
    29  "Carbon monoxide, or "CO," is an odorless, colorless gas that  can  kill
    30  you".  The New York State Department of Health refers to carbon monoxide
    31  as a poisonous gas. Approximately 430 people die each year  from  carbon
    32  monoxide exposure. Thousands more become ill and seek medical attention.
    33  Carbon  monoxide  poisoning is estimated to cause more than 50,000 emer-
    34  gency room visits in the United States each year. According to  the  New
    35  York State Department of Health, annually, "In New York State, about 200
    36  people  are hospitalized and over 1800 people visit an emergency depart-
    37  ment because of accidental CO  poisoning."  The  numbers  of  accidental
    38  poisonings  are on the rise. The U.S. Consumer Product Safety Commission
    39  "found evidence of a statistically significant upward trend in  non-fire
    40  CO  deaths  for  the  11-year  period  from  2009 to 2019". According to
    41  Preventative Medicine reports, "Accidental, non-fire  related  poisoning
    42  accounts for over $1.3 billion annually in societal costs."
    43    9. Notably, while carbon monoxide alarms are an important preventative
    44  measure  to  lower  the  risk of carbon monoxide poisoning, they are not
    45  guaranteed to be effective. According to the  National  Carbon  Monoxide
    46  Awareness  Association:  "Only 14% of families in the US have a properly
    47  functioning carbon monoxide alarm". An earlier  report  showed  that  in
    48  2009,  83% of NYC residents reported having CO alarms. However, only 54%
    49  of them had recently tested or replaced their batteries.
    50    10. Nitrogen dioxide, or NO2, is a gaseous air pollutant  composed  of
    51  nitrogen  and oxygen and is formed when fossil fuels are burned. The EPA
    52  has determined that NO2 is "causal" of more severe respiratory  symptoms
    53  in  people  with  asthma  and  that long-term exposure to NO2 is "likely
    54  causal" of respiratory illnesses such as asthma. The New England Journal
    55  of Medicine has found that,  "Gas  combustion  in  stoves,  boilers  and
    56  furnaces generates oxides of nitrogen," to which the article attributes,
        S. 9105                             3

     1  "Increased   asthma   risk;  exacerbation  of  COPD  and  cardiovascular
     2  disease".  The EPA includes NO2 on its  list  of  asthma  triggers,  and
     3  "unvented  combustion  appliances, e.g. gas stoves" is first on its list
     4  of "primary sources of NO2 indoors".
     5    11. Each year, asthma accounts for more than 439,000 hospitalizations,
     6  1.6  million  emergency  department  visits,  and 10.5 million physician
     7  office visits in the United States. About 10 people die from the disease
     8  every day. Asthma has been linked to 13.8 million missed school days and
     9  14.2 million missed workdays annually. The cost of  treating  asthma  in
    10  the United States is $62.8 billion every year.
    11    12.  A  2013 meta-analysis of 41 studies found that children living in
    12  homes with gas stoves had a 42 percent higher risk of experiencing asth-
    13  ma symptoms, and, over their lifetime, a 24 percent increase in the risk
    14  of being diagnosed with asthma, and a 2022 peer-reviewed research  paper
    15  published  in  the  International  Journal of Environmental Research and
    16  Public Health found that more than 12% of current childhood asthma cases
    17  in the US can be attributed to gas stove use. The  same  paper  suggests
    18  that  attribution  number  is  18.8% of children with asthma in New York
    19  State.
    20    13. The asthma crisis does not equally affect all  New  York  communi-
    21  ties.  Black Americans are approximately two times more likely to die of
    22  asthma  than  White Americans. Further, the percentage of Black children
    23  in the U.S. suffering from asthma is nearly twice that  of  White  chil-
    24  dren,  and  their  death  rate  is ten times higher. According to a 2023
    25  joint report from the New York State Department of Health  and  the  New
    26  York City Department of Health and Mental Hygiene, "The burden of asthma
    27  falls disproportionately among specific demographic groups, specifically
    28  for  persons and communities of color, where asthma prevalence is higher
    29  among Black, American Indian, and multiracial New Yorkers." The  Centers
    30  for  Disease  Control  and  Prevention  concurs  with  the assessment of
    31  disproportionate burden.
    32    14. While the age-adjusted asthma mortality rate for New York City  is
    33  higher  than for New York State as a whole, with the Bronx demonstrating
    34  a notably higher mortality rate than the other  boroughs,  this  problem
    35  should  not  be construed as a New York City issue. Other hotspots exist
    36  around the state. For example, years of academic research  has  convinc-
    37  ingly  demonstrated  alarmingly  high  rates of asthma on Buffalo's West
    38  Side. A study by  Dr.  Lwebuga-Mukasa,  Professor  of  Medicine  at  the
    39  University  of  Buffalo,  found that "nearly 45% of West Side households
    40  reported at least one case of chronic respiratory illness or asthma".
    41    15. Gas and propane combustion from gas stoves emits benzene. A  study
    42  from  the  Stanford  Woods  Institute  for  the Environment found that a
    43  single gas cooktop burner set on high, or an oven  set  at  350  degrees
    44  Fahrenheit  can,  "raise  indoor  levels of the carcinogen benzene above
    45  those of secondhand smoke". According to the World Health  Organization,
    46  "Human exposure to benzene has been associated with a range of acute and
    47  long-term  adverse  health  effects  and  diseases, including cancer and
    48  haematological effects."
    49    16. Formaldehyde is listed as a human carcinogen and has been found at
    50  more elevated levels associated with gas burners set to "simmer".
    51    17. Ventilation of gas stove emissions to  the  outdoors  can  improve
    52  indoor  air  quality.  However, many homeowners do not have ventilation,
    53  and it is not required by state law. In addition, studies also show that
    54  many people who have ventilation systems don't use them,  often  because
    55  of  noise  concerns. Vents can become blocked with debris and the effec-
    56  tiveness of ventilation systems can be compromised  by  changes  in  air
        S. 9105                             4

     1  pressure  in  the  building envelope caused by the opening of windows or
     2  doors or the activation of bathroom  fans,  for  example.  Lastly,  some
     3  people with range hoods may be under the mistaken belief that pollutants
     4  are being vented outdoors when in fact many hoods simply recirculate the
     5  air into the kitchen after filtering it. The effectiveness of filtration
     6  varies  widely  and  is  partially  based  on  active maintenance of the
     7  filtration system.
     8    18. Therefore it is the intent of the legislature  to  promote  public
     9  health,  support  informed consumer choice, and create consistent public
    10  policy, by requiring labeling and signage regarding the  health  impacts
    11  of gas stoves.
    12    § 3. The general business law is amended by adding a new section 322-d
    13  to read as follows:
    14    §  322-d. Labeling requirements for gas stoves. 1. For the purposes of
    15  this section, "gas stove" means a natural gas stove  or  range  that  is
    16  used  for  food  preparation,  whether  in  a  commercial or residential
    17  setting, and provides at least one of the following functions:
    18    (a) surface cooking;
    19    (b) oven cooking; or
    20    (c) broiling.
    21    2. No person shall sell, attempt to sell,  or  offer  for  sale  to  a
    22  consumer  in  this  state  a  gas stove that is manufactured on or after
    23  January first, two thousand twenty-five, unless the  following  require-
    24  ments are met:
    25    (a)  (i)  A  removable  label  affixed to the gas stove in a prominent
    26  location bears the following message:
    27    "WARNING: Gas stoves can release NITROGEN DIOXIDE and CARBON  MONOXIDE
    28    (a poisonous gas) inside homes at levels exceeding the EPA's standards
    29    for  outdoor air quality. The presence of these pollutants may exacer-
    30    bate pre-existing respiratory illnesses or lead to the development  of
    31    asthma,  especially  in  children.  Gas  stoves may also release other
    32    pollutants including BENZENE, and FORMALDEHYDE."
    33    (ii) The label shall be affixed to the gas stove by a manufacturer  or
    34  importer  in  a  conspicuous  location  so  that  it is easily read by a
    35  consumer examining the product, and must be in a type  size  no  smaller
    36  than  the  largest  type size used for other consumer information on the
    37  product.
    38    (b) (i) A sign or poster shall be displayed conspicuously at the prem-
    39  ises on which the sale takes place bearing the message required by para-
    40  graph (a) of this subdivision. Such sign or poster must have conspicuous
    41  lettering in at least seventy-two point bold face type, except that  the
    42  word  "warning"  shall  be  in at least two-inch lettering. Such sign or
    43  poster shall be placed as close as  possible  to  the  place  where  gas
    44  stoves  are  sold  so  that  it  is  noticeable and easily readable by a
    45  consumer examining gas stoves for sale.
    46    (ii) If the sale takes place on the internet, a notice shall be posted
    47  in a conspicuous location on the web page on  which  the  gas  stove  is
    48  listed  for  sale, bearing the message required by paragraph (a) of this
    49  subdivision.
    50    3. The department of state may adopt regulations regarding the  place-
    51  ment  and  format  of  labels,  signs,  and  posters to comply with this
    52  section.
    53    4. Any person who violates any provision of this section shall receive
    54  a warning notice for the first such violation. A person shall be  liable
    55  to the state of New York for a civil penalty of five hundred dollars for
    56  the  first  violation after receiving a warning and one thousand dollars
        S. 9105                             5

     1  for any subsequent violation in the same calendar  year.  A  hearing  or
     2  opportunity to be heard shall be provided prior to the assessment of any
     3  civil penalty.
     4    5.  The department of state and the office of the attorney general are
     5  authorized to enforce the provisions of this section.
     6    § 4. This act shall take effect immediately.