New York S 3852: Prohibits the sale of playground surfacing materials that contain PFAS, PAHs or more than ninety parts per million of lead; and provides penalties for violations

Status: REFERRED TO ENVIRONMENTAL CONSERVATION (as of 2026-03-16)

State: New York · Session: 2025-2026 · Bill: S 3852

Sponsors: Michelle Hinchey, Brian Kavanagh, Cordell Cleare, Jessica Scarcella-Spanton, José M. Serrano, Lea Webb, Robert Jackson, Samra Brouk, Shelley Mayer

Bill Text

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S03852 Summary:

BILL NOS03852C

&nbsp

SAME ASSAME AS A07594-C

&nbsp

SPONSORHINCHEY

&nbsp

COSPNSRBROUK, CLEARE, JACKSON, KAVANAGH, MAYER, SCARCELLA-SPANTON, SERRANO, WEBB

&nbsp

MLTSPNSR

&nbsp

Add §37-0123, amd §71-3703, En Con L

&nbsp

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.

Go to top S03852 Actions:

BILL NOS03852C

&nbsp

01/30/2025REFERRED TO ENVIRONMENTAL CONSERVATION

02/11/20251ST REPORT CAL.329

02/12/20252ND REPORT CAL.

02/24/2025ADVANCED TO THIRD READING 

03/10/2025AMENDED ON THIRD READING 3852A

04/22/2025PASSED SENATE

04/22/2025DELIVERED TO ASSEMBLY

04/22/2025referred to environmental conservation

01/07/2026died in assembly

01/07/2026returned to senate

01/07/2026REFERRED TO ENVIRONMENTAL CONSERVATION

01/13/2026AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION

01/13/2026PRINT NUMBER 3852B

01/20/20261ST REPORT CAL.102

01/21/20262ND REPORT CAL.

01/27/2026ADVANCED TO THIRD READING 

03/16/2026PASSED SENATE

03/16/2026DELIVERED TO ASSEMBLY

03/16/2026referred to environmental conservation

06/01/2026RECALLED FROM ASSEMBLY

06/01/2026returned to senate

06/01/2026VOTE RECONSIDERED - RESTORED TO THIRD READING

06/01/2026AMENDED ON THIRD READING 3852C

06/04/2026SUBSTITUTED BY A7594C

&nbspA07594 AMEND=C Lunsford

&nbsp04/01/2025referred to environmental conservation

&nbsp01/07/2026referred to environmental conservation

&nbsp01/20/2026amend and recommit to environmental conservation

&nbsp01/20/2026print number 7594a

&nbsp05/14/2026amend and recommit to environmental conservation

&nbsp05/14/2026print number 7594b

&nbsp05/20/2026reported referred to codes

&nbsp05/20/2026reported referred to rules

&nbsp05/29/2026amend and recommit to rules 7594c

&nbsp06/02/2026reported 

&nbsp06/02/2026rules report cal.345

&nbsp06/02/2026ordered to third reading rules cal.345

&nbsp06/02/2026passed assembly

&nbsp06/02/2026delivered to senate

&nbsp06/02/2026REFERRED TO RULES

&nbsp06/04/2026SUBSTITUTED FOR S3852C

&nbsp06/04/20263RD READING CAL.102

&nbsp06/04/2026PASSED SENATE

&nbsp06/04/2026RETURNED TO ASSEMBLY

Go to topS03852 Committee&nbspVotes:

Go to topS03852 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03852 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3852--C
 Cal. No. 102

 2025-2026 Regular Sessions

 IN SENATE

 January 30, 2025
 ___________

 Introduced by Sens. HINCHEY, BROUK, CLEARE, JACKSON, KAVANAGH, MAYER,
 SCARCELLA-SPANTON, SERRANO, WEBB -- read twice and ordered printed,
 and when printed to be committed to the Committee on Environmental
 Conservation -- reported favorably from said committee, ordered to
 first and second report, ordered to a third reading, amended and
 ordered reprinted, retaining its place in the order of third reading
 -- recommitted to the Committee on Environmental Conservation in
 accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
 amended, ordered reprinted as amended and recommitted to said commit-
 tee -- reported favorably from said committee, ordered to first and
 second report, ordered to a third reading, passed by Senate and deliv-
 ered to the Assembly, recalled, vote reconsidered, restored to third
 reading, amended and ordered reprinted, retaining its place in the
 order of third reading

 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 section, the following terms shall have the follow-
 6 ing 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 recre

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