S 10453 NY
Relates to the recall of class B firefighting foam that contains intentionally added PFAS; repealer
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Summary
This bill strengthens New York's restrictions on class B firefighting foam containing intentionally added PFAS chemicals by requiring manufacturers to recall such products. Recalls must include collection, transport, treatment, storage, and safe destruction of PFAS chemicals through methods approved by the Department of Environmental Conservation, as well as reimbursement to retailers and purchasers. The bill updates exemptions to the PFAS ban by requiring the Office of Fire Prevention and Control to re-evaluate alternative firefighting agents every two years and repeal exemptions once alternatives without PFAS become available. When federal law changes to permit PFAS-free alternatives, the state must adopt rules restricting PFAS in firefighting foam for affected uses. The bill takes effect immediately, except for certain repealer and amendment provisions which take effect January 1, 2028.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Official abstract
Relates to the recall of a class B firefighting foam that contains intentionally added PFAS; relates to the destruction of PFAS chemicals.
Sponsor (1)
- James Skoufis Democratic · primary
Action history (1)
- May 15, 2026 REFERRED TO CONSUMER PROTECTION · upper
Text versions (2)
Full text
Full text imported from assembly.state.ny.us
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Bill No.: Summary Actions Committee Votes Floor Votes Memo Text LFIN Chamber Video/Transcript S10453 Summary: BILL NO S10453   SAME AS No Same As   SPONSOR SKOUFIS   COSPNSR   MLTSPNSR   Amd §391-u, rpld §391-u sub 5 ¶¶(a) & (b), Gen Bus L   Relates to the recall of a class B firefighting foam that contains intentionally added PFAS; relates to the destruction of PFAS chemicals.
Go to top S10453 Text:
STATE OF NEW YORK ________________________________________________________________________
10453
IN SENATE
May 15, 2026 ___________
Introduced by Sen. SKOUFIS -- 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 the recall of class B firefighting foam 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 amended by section 1 of part SS of chapter 58 3 of the laws of 2025, is amended to read as follows: 4 (b) A manufacturer that at any time manufactured, sold, offered for 5 sale, or distributed for sale or use a class B firefighting foam prohib- 6 ited under subdivision three of this section shall recall such product. 7 Such recall shall include collection, transport, treatment, storage and 8 safe [ disposal ] destruction of PFAS chemicals through or by a method 9 approved by the department of environmental conservation , and reimburse- 10 ment of the retailer or any other purchaser for such product. 11 § 2. Paragraph (b) of subdivision 3 of section 391-u of the general 12 business law, as added by chapter 88 of the laws of 2020, is amended to 13 read as follows: 14 (b) The restrictions in paragraph (a) of this subdivision shall not 15 apply to the manufacture, sale, or distribution of class B firefighting 16 foam: 17 (1) For use in suppressing or preventing an ignitable liquid fire 18 where the office of fire prevention and control, in consultation with 19 the department of environmental conservation and the department of 20 health, through promulgation of a rule, exempts a use of class B fire- 21 fighting foam on the basis that an alternative firefighting agent to 22 which PFAS chemicals have not been intentionally added and that is 23 effective in suppressing or preventing an ignitable liquid fire is not 24 available. If the office of fire prevention and control exempts a use of 25 class B firefighting foam from the restrictions in paragraph (a) of this 26 subdivision, it shall re-evaluate available alternative firefighting 27 agents at least every two years as long as the exemption remains in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00714-11-6
S. 10453 2
1 place, and repeal such exemption upon a finding that an alternative 2 firefighting agent to which PFAS chemicals have not been intentionally 3 added is available that is effective in suppressing or preventing an 4 ignitable liquid fire. 5 (2) Where the inclusion of PFAS chemicals are required by federal law 6 or regulations. In the event that applicable federal laws or regulations 7 change after the effective date of this section to allow the use of 8 effective alternative firefighting agents that do not contain PFAS chem- 9 icals, the office of fire prevention and control [ may ] shall adopt rules 10 that restrict PFAS chemicals for the manufacture, sale, and distribution 11 of firefighting foam for uses that are addressed by the federal law or 12 regulation. 13 § 3. Paragraphs (a) and (b) of subdivision 5 of section 391-u of the 14 general business law, as added by chapter 88 of the laws of 2020 and 15 paragraph (a) as amended by section 4 of part SS of chapter 58 of the 16 laws of 2025, are REPEALED. 17 § 4. Paragraph (c) of subdivision 5 of section 391-u of the general 18 business law is redesignated as the opening paragraph of subdivision 5. 19 § 5. Subdivision 6 of section 391-u of the general business law, as 20 added by chapter 88 of the laws of 2020, is amended to read as follows: 21 6. The office of fire prevention and control may issue guidance to 22 state agencies, fire protection districts and local governments in 23 avoiding the purchase or use of class B firefighting foams to which PFAS 24 chemicals have been intentionally added [ and to give priority and pref- 25 erence to the purchase of firefighting personal protective equipment 26 that does not contain PFAS chemicals ]. 27 § 6. This act shall take effect immediately; provided, however, that 28 sections three, four, and five of this act shall take effect January 1, 29 2028.
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