New York Senate Bill S10453

New York 2025-2026 Regular Session

Caption

Relates to the recall of a class B firefighting foam that contains intentionally added PFAS; relates to the destruction of PFAS chemicals.

Summary

This bill amends New York’s General Business Law provisions governing class B firefighting foam containing intentionally added PFAS chemicals. It requires manufacturers that have sold or distributed prohibited class B foam to recall the product, and it expands the recall process to include collection, transport, treatment, storage, and safe destruction of PFAS chemicals using a method approved by the Department of Environmental Conservation. The bill also requires reimbursement of retailers and other purchasers for recalled products. The bill narrows and restructures existing exceptions to the state’s restrictions on PFAS-containing class B firefighting foam. It preserves an exemption where no effective alternative firefighting agent is available for ignitable liquid fires, but requires periodic re-evaluation of that exemption and repeal once a PFAS-free alternative becomes available. It also addresses situations where federal law requires PFAS, directing the Office of Fire Prevention and Control to adopt restrictive rules if federal requirements later change to allow PFAS-free alternatives. Several prior provisions are repealed, and the bill removes language that had allowed guidance on PFAS-free firefighting personal protective equipment, while preserving guidance on avoiding PFAS-containing foam.

Impact

The bill would strengthen New York’s restrictions on PFAS in class B firefighting foam by making recalls more explicit and by requiring destruction rather than mere disposal of PFAS chemicals through an approved DEC method. It would also shift the state’s regulatory framework toward tighter oversight of exemptions and more mandatory rulemaking by the Office of Fire Prevention and Control when federal law permits PFAS-free alternatives. The bill amends and repeals portions of section 391-u of the General Business Law, affecting manufacturers, retailers, purchasers, fire agencies, and local governments that buy or use firefighting foam.

Sentiment

The available record shows no committee transcript or vote history, so there is no documented floor or committee debate to gauge support or opposition. Based on the bill text, the measure appears to reflect a precautionary, environmental-health-oriented approach aimed at reducing PFAS exposure and accelerating the transition away from PFAS-containing firefighting foam. The overall direction of the bill suggests a regulatory tightening rather than a compromise expansion of permitted uses.

Contention

The main points of potential contention are the scope of the recall obligation, the requirement to destroy PFAS chemicals using an approved method, and the limits placed on exemptions for firefighting uses where alternatives may be unavailable. Fire safety stakeholders may be concerned about maintaining access to effective foam for ignitable liquid fires, especially in settings where PFAS-free substitutes are not yet proven or widely available. Environmental and public health advocates are likely to support the bill’s stricter recall and destruction requirements, while manufacturers and affected purchasers may object to compliance costs and reimbursement obligations.