Bill > S03852

This bill prohibits the sale of playground surfacing materials that contain PFAS (per- and polyfluoroalkyl substances, a group of man-made chemicals), PAHs (polycyclic aromatic hydrocarbons, chemicals found in coal, crude oil, and gasoline), or lead after December 31, 2027, if these substances have been intentionally added or are present above a level set by the Department of Environmental Conservation. The bill defines "playground surfacing materials" as anything used on the ground of a playground, which is an outdoor play area for children. Sellers of these materials will not be considered in violation if they relied in good faith on a written "certificate of compliance" from the manufacturer, which is a document stating the product meets the bill's requirements. However, manufacturers who provide a false certificate of compliance will face penalties. Violators of this new law can be fined up to $1,000 per day for each day the violation continues, with penalties increasing to $2,500 per day for a second violation, and may also be subject to injunctions to stop their non-compliant activities.