Levenberg, Griffin, Dinowitz, Shimsky, Seawright, Rosenthal, Epstein, Hevesi, Jacobson, Raga,
McDonald, Reyes, Weprin, Kassay, Lasher, Cruz, Brown K
MLTSPNSR
Add §37-0123, amd §71-3703, En Con L
Prohibits the sale of playground surfacing materials that contain PFAS, PAHs or more than ninety parts per million of lead; 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7594A
SPONSOR: Lunsford TITLE OF BILL:
An act to amend the environmental conservation law, in relation to the
regulation of toxic substances in playground surfacing materials
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit manufacturers from including intentionally added PFAS, PAHs,
or lead as components of playground surfacing materials.
SUMMARY OF PROVISIONS:
Section one of the bill amends the environmental conservation law to
prohibit manufacturers in the state from selling or offering for sale
playground surfacing materials that contain intentionally added PFAS,
PAHs, or lead. Section one also prohibits manufacturers from selling
playground surfacing materials containing PFAS, PAHs, or lead at or
above a level determined by the Department of Environmental Conserva-
tion. It requires manufacturers to provide individuals who sell play-
ground surfacing materials in the state with a certificate of compli-
ance.
Section two states that a civil penalty not to exceed $1,000 per day
shall be imposed on individuals upon their first violation. In the case
of a second violation, that penalty is not to exceed $2,500.
Section three is the effective date.
JUSTIFICATION:
Playgrounds are an essential part of childhood development. They offer a
safe place for children to 'explore, enhance social, emotional, and
physical learning, develop social skills, exercise, and build relation-
ships. Unfortunately, many playgrounds are made with toxic materials,
including PFAS, which undermines the health and safety of children and
can stymie development.
This bill would prohibit manufacturers from including Per- and Polyfluo-
rinated Substances (PFAS), lead, or Polycyclic Aromatic Hydrocarbons
(PAHs) in amounts that exceed levels established by the Department of
Environmental Conservation as a component of playground surfacing mate-
rials. Manufacturers are also prohibited from intentionally adding PFAS,
lead, or PAHs to playground surfacing materials. All three of these
substances are known to be harmful to humans, and the risk they pose to
children is especially great. While there are many different kinds of
PFAS, Perfluorooctanoic Acid (PFOA), the most common and well-studied
kind, was classified by the International Agency for Research on Cancer
(IARC) Monograph Program as carcinogenic to humans. Similarly, there is
evidence that exposure to PAHs may increase the risk of cancer and
cardiovascular disease among other illnesses. Lead is especially infa-
mous for its irreversible harmful effects on children, causing increased
antisocial behavior, lowered success in school, anemia, and other nega-
tive health consequences.
It is clear that children in New York should have as little exposure to
lead, PFAS, and PAHs as possible. And yet too often, playground surfac-
ing materials have been found to contain all three. By prohibiting these
substances from being included in playground surfacing materials, impos-
ing fines on individuals found in violation of this law, and requiring
manufacturers of playground surfacing materials to provide certificates
of compliance, this bill would make playgrounds in the state safer,
protecting the health of the children of New York State.
The bill has been amended to now apply to all playgrounds sold on or
after the effective date of the bill.
PRIOR HISTORY:
2024: Same-as Bill (S.8932-A/Hinchey) Passed in Senate, 61-0
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the one hundred and eightieth day after it
shall have become a law.
