•  Summary 
  •  Actions 
  •  Committee Votes 
  •  Floor Votes 
  •  Memo 
  •  Text 
  •  LFIN 
  •  Chamber Video/Transcript 

S08932 Text:

                STATE OF NEW YORK
                    IN SENATE
                                      April 1, 2024
        Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
          -- reported favorably from said committee and committed to the Commit-
          tee  on  Finance  --  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 title, the following terms shall have the following
     6  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.
    17    (d)  "PFAS"  means  perfluoroalkyl  and polyfluoroalkyl substances and
    18  includes any member  of  the  class  of  fluorinated  organic  chemicals
    19  containing at least one fully flourished carbon atom.
    20    (e) "PAHs" means polycyclic aromatic hydrocarbons.
    21    2.  Commencing  on  January  first, two thousand twenty-six, no person
    22  shall sell or offer for sale in  this  state  any  playground  surfacing
    23  material that contains PFAS, PAHs, or lead:
    24    (a) that has been intentionally added; or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 8932--A                          2
     1    (b)  at  or above a level that the department shall establish by regu-
     2  lation that is the lowest level that can feasibly be achieved; provided,
     3  however, that the department shall review such  levels  at  least  every
     4  five years to determine whether they should be lowered; provided, howev-
     5  er, that in no event shall such level for lead be more than ninety parts
     6  per million.
     7    3.  (a)  A  manufacturer  of playground surfacing materials sold  into
     8  the state  shall provide  persons  that offer the product  for  sale  in
     9  the state with a certificate of compliance. The certificate  of  compli-
    10  ance  shall  provide  assurance,  at  a  minimum, that the product is in
    11  compliance with the requirements of subdivision two of this section. Any
    12  certificate of compliance provided under this section shall be signed by
    13  an authorized official of the manufacturer.
    14    (b) In addition to any other  applicable  penalties,  it  shall  be  a
    15  violation  of  this title to provide a certificate of  compliance  under
    16  paragraph (a) of  this  subdivision  when  a  product  is  knowingly  in
    17  violation of the requirements of this section.
    18    4.  If the department has reason to believe playground surfacing mate-
    19  rials being sold or offered for sale that have not been installed  in  a
    20  playground  are  not  in compliance with the requirements of subdivision
    21  two of this section, the department shall notify the manufacturer of the
    22  playground surfacing materials, who shall, within thirty days:
    23    (a) provide the department with  independent,  third-party  laboratory
    24  test  results  demonstrating that the playground surfacing materials are
    25  in compliance with subdivision two of this section; or
    26    (b) notify persons who sell the playground surfacing materials in this
    27  state that the sale of the playground surfacing materials is  prohibited
    28  in  this  state  and provide the department with a list of the names and
    29  addresses of those notified.
    30    5. A retailer of a product, who is not also the  manufacturer  of  the
    31  product,  shall  not  be  held  in  violation of subdivision two of this
    32  section if it can show that such retailer relied in good  faith  on  the
    33  certificate  of  compliance  provided  for  in subdivision three of this
    34  section.
    35    6. No part of this title shall be considered to apply to, require  the
    36  recall  of, or require reimbursement for, playground surfacing materials
    37  that have been sold or offered for sale  prior  to  January  first,  two
    38  thousand twenty-six.
    39    § 2. Section 71-3703 of the environmental conservation law is  amended
    40  by adding a new subdivision 8 to read as follows:
    41    8.  Any  person who violates any of the provisions of, or who fails to
    42  perform any duty imposed by section 37-0123 of this chapter or any  rule
    43  or  regulation promulgated pursuant thereto, shall be liable for a civil
    44  penalty not to exceed one thousand dollars for each day, and in addition
    45  thereto, such person may be enjoined  from  continuing  such  violation.
    46  Such  person shall for a second violation be liable to the people of the
    47  state for a civil penalty  not  to  exceed  two  thousand  five  hundred
    48  dollars.
    49    § 3. This act shall take effect on the one hundred eightieth day after
    50  it shall have become a law.
Go to top