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.
STATE OF NEW YORK
________________________________________________________________________
3852--B
2025-2026 Regular Sessions
IN SENATE
January 30, 2025
___________
Introduced by Sens. HINCHEY, CLEARE, JACKSON, KAVANAGH, MAYER, SCARCEL-
LA-SPANTON, SERRANO, WEBB -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
-- reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading -- recommitted to
the Committee on Environmental Conservation in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to the
regulation of toxic substances in playground surfacing materials
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 37-0123 to read as follows:
3 § 37-0123. Regulation of toxic substances in playground surfacing mate-
4 rials.
5 1. As used in this section, the following terms shall have the follow-
6 ing meanings:
7 (a) "Playground surfacing materials" means products, materials, or
8 substances used or installed on the ground surface of a playground.
9 (b) "Playground" means an outdoor recreation area for children
10 equipped with one or more play structures.
11 (c) "Manufacturer" means the person that manufactures a product or
12 whose brand name is affixed to the product. In the case of a product
13 imported into the United States, "manufacturer" includes the importer or
14 first domestic distributor of the product if the person that manufac-
15 tured or assembled the product or whose brand name is affixed to the
16 product does not have a presence in the United States.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08124-07-6
S. 3852--B 2
1 (d) "PFAS" means perfluoroalkyl and polyfluoroalkyl substances and
2 includes any member of the class of fluorinated organic chemicals
3 containing at least one fully flourished carbon atom.
4 (e) "PAHs" means polycyclic aromatic hydrocarbons.
5 (f) "Intentionally added" means a chemical in a product that serves an
6 intended function or technical effect in the product or product compo-
7 nent, including PFAS within intentionally added chemicals and PFAS that
8 are intentional breakdown products of an added chemical that also have a
9 functional or technical effect in the product or product component.
10 2. Commencing on the effective date of this section, no person shall
11 sell or offer for sale in this state any playground surfacing material
12 that contains PFAS, PAHs, or lead:
13 (a) that has been intentionally added; or
14 (b) at or above a level that the department shall establish by regu-
15 lation that is the lowest level that can feasibly be achieved; provided,
16 however, that the department shall review such levels at least every
17 five years to determine whether they should be lowered; provided, howev-
18 er, that in no event shall such level for lead be more than ninety parts
19 per million.
20 3. (a) A manufacturer of playground surfacing materials sold into
21 the state shall provide persons that offer the product for sale in
22 the state with a certificate of compliance. The certificate of compli-
23 ance shall provide assurance, at a minimum, that the product is in
24 compliance with the requirements of subdivision two of this section. Any
25 certificate of compliance provided under this section shall be signed by
26 an authorized official of the manufacturer.
27 (b) In addition to any other applicable penalties, it shall be a
28 violation of this title to provide a certificate of compliance under
29 paragraph (a) of this subdivision when a product is knowingly in
30 violation of the requirements of this section.
31 4. If the department has reason to believe playground surfacing mate-
32 rials being sold or offered for sale that have not been installed in a
33 playground are not in compliance with the requirements of subdivision
34 two of this section, the department shall notify the manufacturer of the
35 playground surfacing materials, who shall, within thirty days:
36 (a) provide the department with independent, third-party laboratory
37 test results demonstrating that the playground surfacing materials are
38 in compliance with subdivision two of this section; or
39 (b) notify persons who sell the playground surfacing materials in this
40 state that the sale of the playground surfacing materials is prohibited
41 in this state and provide the department with a list of the names and
42 addresses of those notified.
43 5. A retailer of a product, who is not also the manufacturer of the
44 product, shall not be held in violation of subdivision two of this
45 section if it can show that such retailer relied in good faith on the
46 certificate of compliance provided for in subdivision three of this
47 section.
48 6. No part of this title shall be considered to apply to, require the
49 recall of, or require reimbursement for, playground surfacing materials
50 that have been sold or offered for sale prior to the effective date of
51 this section.
52 § 2. Section 71-3703 of the environmental conservation law is amended
53 by adding a new subdivision 8 to read as follows:
54 8. Any person who violates any of the provisions of, or who fails to
55 perform any duty imposed by section 37-0123 of this chapter or any rule
56 or regulation promulgated pursuant thereto, shall be liable for a civil
S. 3852--B 3
1 penalty not to exceed one thousand dollars for each day, and in addition
2 thereto, such person may be enjoined from continuing such violation.
3 Such person shall for a second violation be liable to the people of the
4 state for a civil penalty not to exceed two thousand five hundred
5 dollars.
6 § 3. This act shall take effect on the one hundred eightieth day after
7 it shall have become a law.
