New York 2025-2026 Regular Session

New York Senate Bill S03852

Introduced
1/30/25  
Refer
1/30/25  
Engrossed
4/22/25  
Refer
4/22/25  
Refer
1/7/26  
Engrossed
3/16/26  

Caption

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.

Summary

Bill S03852 aims to amend the environmental conservation law to regulate toxic substances in playground surfacing materials. Specifically, it prohibits the sale of such materials that contain perfluoroalkyl and polyfluoroalkyl substances (PFAS), polycyclic aromatic hydrocarbons (PAHs), or lead above specified limits. The law mandates that manufacturers provide a certificate of compliance to retailers, ensuring that their products meet the established safety standards. The enforcement of these regulations will begin on January 1, 2027, allowing time for compliance and adjustment within the industry.

Impact

The bill significantly impacts state laws by establishing new regulations on the sale of playground surfacing materials, particularly concerning hazardous substances. It introduces penalties for violations, including civil penalties for non-compliance, which could affect manufacturers and retailers alike. This legislation aims to enhance public health and safety by reducing children's exposure to harmful chemicals in playgrounds, thereby aligning state law with growing concerns about environmental toxins.

Sentiment

The general sentiment surrounding Bill S03852 appears to be overwhelmingly positive, as evidenced by unanimous support in committee and floor votes. The bill has received favorable discussion in the Senate Environmental Conservation Committee, indicating a strong legislative commitment to addressing environmental health issues related to children's safety. The lack of opposition suggests a consensus on the importance of regulating toxic substances in playground materials.

Contention

While there seems to be broad support for the bill, potential points of contention may arise regarding the specific thresholds for PFAS and PAHs that will be established by the Department of Environmental Conservation. Manufacturers may express concerns about the feasibility of compliance and the economic impact of transitioning to safer materials. Additionally, the requirement for certificates of compliance could lead to disputes over liability and enforcement, particularly for retailers who may rely on manufacturers' assurances.

Companion Bills

NY A07594

Same As Prohibits the sale of playground surfacing materials that contain PFAS, PAHs or lead; prevents sellers of playground surfacing materials that contain PFAS, PAHs or lead from being held in violation when relying in good faith on a certificate of compliance provided by the manufacturer; provides penalties for violations.

Previously Filed As

NY A07594

Prohibits the sale of playground surfacing materials that contain PFAS, PAHs or lead; prevents sellers of playground surfacing materials that contain PFAS, PAHs or lead from being held in violation when relying in good faith on a certificate of compliance provided by the manufacturer; provides penalties for violations.

NY SB453

To enact sections 3745.75, 3745.751, 3745.752, 3745.753, 3745.754, 3745.755, 3745.756, and 3745.757 of the Revised Code to prohibit the use of PFAS chemicals and lead in playground surfacing materials.

NY S09073

Prohibits the sale of certain products that contain regulated perfluoroalkyl and polyfluoroalkyl substances; requires manufacturers of products containing PFAS to provide notice of such fact to persons that offer the products for sale or distribution; provides penalties for violations.

NY A07738

Prohibits the sale of certain products that contain regulated perfluoroalkyl and polyfluoroalkyl substances; requires manufacturers of products containing PFAS to provide notice of such fact to persons that offer the products for sale or distribution; provides penalties for violations.

NY H1040

Ban the use of tire-derived materials in playgrounds and playing fields in Massachusetts

NY S00187

Prohibits the sale of certain products that contain regulated perfluoroalkyl and polyfluoroalkyl substances; requires manufacturers of products containing PFAS to provide notice of such fact to persons that offer the products for sale or distribution; provides penalties for violations.

NY SB95

State and Local Parks - Playgrounds - Safety Standards (Our Kids Play Safe Playground Safety Act of 2025)

NY S07839

Prohibits the sale of medical adhesives and bandages containing perfluoroalkyl and polyfluoroalkyl substances; provides penalties for violations.

NY A01430

Prohibits the sale of medical adhesives and bandages containing perfluoroalkyl and polyfluoroalkyl substances; provides penalties for violations.

NY A08585

Phases out the sale of products that contain intentionally added PFAS.

Similar Bills

HI SB1294

Relating To Recreational Facilities.

HI SB1294

Relating To Recreational Facilities.

HI HB867

Relating To Recreational Facilities.

HI HB867

Relating To Recreational Facilities.

CA AB2241

School facilities: inclusive school playgrounds.

HI SR42

Urging The Counties Of The State To Install A Minimum Set Of Accessible Recreational Playground Equipment In Each Playground Located In A County Park And To Establish Comprehensive Maintenance Plans That Ensure The Long-term Safety, Cleanliness, And Functionality Of Each Playground.

HI SCR58

Urging The Counties Of The State To Install A Minimum Set Of Accessible Recreational Playground Equipment In Each Playground Located In A County Park And To Establish Comprehensive Maintenance Plans That Ensure The Long-term Safety, Cleanliness, And Functionality Of Each Playground.

IL SB2326

PARKS-PLAYGROUND FENCING