New York State Assembly

 
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A01053 Summary:

A01053 Actions:

A01053 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:McDonald      
DATE:03/18/2025AYE/NAY:14/0  Action: Favorable refer to committee Codes        
McDonald
Aye
Beephan
Aye
Glick
Aye
Simpson
Aye
Kim
Aye
Novakhov
Aye
Bichotte Hermel
Aye
Norber
Aye
Williams
Aye
Raga
Aye
Simone
Aye
Shimsky
Aye
Kassay
Aye
Burroughs
Aye

Committee:CODES   Chair:Dinowitz      
DATE:03/25/2025AYE/NAY:21/0  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Morinello
Aye
Cook
Aye
Reilly
Aye
Lavine
Aye
Mikulin
Aye
Weprin
Aye
Tannousis
Excused
Hevesi
Aye
Angelino
Aye
Seawright
Aye
Molitor
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye
Epstein
Aye
Bores
Aye
Reyes
Aye
Cunningham
Aye
Romero
Aye
Alvarez
Aye

Committee:RULES   Chair:Glick      
DATE:03/25/2025AYE/NAY:30/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Pretlow
Aye
Hawley
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Smith
Aye
Peoples-Stokes
Aye
Jensen
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Braunstein
Aye
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye
Hevesi
Aye
Hunter
Aye
Taylor
Aye
Cruz
Aye
Vanel
Aye

A01053 Floor Votes:

A01053 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1053--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by M. of A. STECK -- read once and referred to the Committee
          on Governmental Operations  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN  ACT  to amend the general business law, in relation to the recall of
          class B firefighting foam and prohibiting the sale or distribution  of
          firefighting personal protective equipment that contains intentionally
          added  PFAS;  and  to  repeal  certain provisions of such law relating
          thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  (b)  of  subdivision 4 of section 391-u of the
     2  general business law, as added by chapter 88 of the  laws  of  2020,  is
     3  amended to read as follows:
     4    (b)  A manufacturer that [produces, sells, or distributes] at any time
     5  manufactured, sold, offered for sale, or distributed for sale or  use  a
     6  class  B  firefighting  foam  prohibited under subdivision three of this
     7  section shall recall [the] such product[, which includes].  Such  recall
     8  shall   include  collection,  transport,  treatment,  storage  and  safe
     9  [disposal, after the implementation date of the restrictions  set  forth
    10  in  subdivision three of this section and reimburse] destruction of PFAS
    11  chemicals through or by a method approved by the department of  environ-
    12  mental  conservation,  and  reimbursement  of  the retailer or any other
    13  purchaser for [the] such product.
    14    § 2. Subdivision 1 of section 391-u of the general  business  law,  as
    15  added  by  chapter  88  of  the laws of 2020, is amended by adding a new
    16  paragraph (h) to read as follows:
    17    (h) "Intentionally added" shall  have  the  same  meaning  as  "inten-
    18  tionally  added  chemical"  set  forth  in  subdivision  four of section
    19  37-0121 of the environmental conservation law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00714-06-5
        A. 1053--A                          2
 
     1    § 3. Paragraph (b) of subdivision 3 of section 391-u  of  the  general
     2  business  law,  as amended by chapter 88 of the laws of 2020, is amended
     3  to read as follows:
     4    (b)  The  restrictions  in paragraph (a) of this subdivision shall not
     5  apply to the manufacture, sale, or distribution of class B  firefighting
     6  foam:
     7    (1)  For  use  in  suppressing  or preventing an ignitable liquid fire
     8  where the office of fire prevention and control,  in  consultation  with
     9  the  department  of  environmental  conservation  and  the department of
    10  health, through promulgation of a rule, exempts a use of class  B  fire-
    11  fighting  foam  on  the  basis that an alternative firefighting agent to
    12  which PFAS chemicals have not  been  intentionally  added  and  that  is
    13  effective  in  suppressing or preventing an ignitable liquid fire is not
    14  available. If the office of fire prevention and control exempts a use of
    15  class B firefighting foam from the restrictions in paragraph (a) of this
    16  subdivision, it shall  re-evaluate  available  alternative  firefighting
    17  agents  at  least  every  two  years as long as the exemption remains in
    18  place, and repeal such exemption upon  a  finding  that  an  alternative
    19  firefighting  agent  to which PFAS chemicals have not been intentionally
    20  added is available that is effective in  suppressing  or  preventing  an
    21  ignitable liquid fire.
    22    (2)  Where the inclusion of PFAS chemicals are required by federal law
    23  or regulations. In the event that applicable federal laws or regulations
    24  change after the effective date of this section  to  allow  the  use  of
    25  effective alternative firefighting agents that do not contain PFAS chem-
    26  icals, the office of fire prevention and control [may] shall adopt rules
    27  that restrict PFAS chemicals for the manufacture, sale, and distribution
    28  of  firefighting  foam for uses that are addressed by the federal law or
    29  regulation.
    30    § 4. Subdivision 5 of section 391-u of the general  business  law,  as
    31  added  by  chapter  88  of  the laws of 2020, is amended by adding a new
    32  paragraph (c) to read as follows:
    33    (c) Beginning January first, two thousand twenty-eight, a manufacturer
    34  shall not manufacture, knowingly sell, offer for  sale,  distribute  for
    35  sale  or  distribute  for  use  in  the  state any firefighting personal
    36  protective equipment to which PFAS  chemicals  have  been  intentionally
    37  added.
    38    §  5.  Paragraphs (a) and (b) of subdivision 5 of section 391-u of the
    39  general business law, as added by chapter 88 of the laws  of  2020,  are
    40  REPEALED.
    41    §  6.  Paragraph  (c) of subdivision 5 of section 391-u of the general
    42  business law, as added by section four of this act, is  redesignated  as
    43  subdivision 5.
    44    §  7.  Subdivision  6 of section 391-u of the general business law, as
    45  added by chapter 88 of the laws of 2020, is amended to read as follows:
    46    6. The office of fire prevention and control  may  issue  guidance  to
    47  state  agencies,  fire  protection  districts  and  local governments in
    48  avoiding the purchase or use of class B firefighting foams to which PFAS
    49  chemicals have been intentionally added [and to give priority and  pref-
    50  erence  to  the  purchase  of firefighting personal protective equipment
    51  that does not contain PFAS chemicals].
    52    § 8. This act shall take effect immediately; provided,  however,  that
    53  sections  five,  six  and seven of this act shall take effect January 1,
    54  2028.