Assembly Bill A3236

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3236

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced  by  M. of A. LUPARDO, ROSENTHAL, GOTTFRIED, WEPRIN -- Multi-
  Sponsored by -- M. of A. CAHILL, COLTON, ENGLEBRIGHT,  GLICK,  JAFFEE,
  KAVANAGH,  LIFTON,  SCHIMEL -- read once and referred to the Committee
  on Health

AN ACT to amend the public health law and the environmental conservation
  law, in relation to trichloroethylene (TCE) exposure prevention

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Article 13 of the public health law is amended by adding a
new title 12-B to read as follows:
           TITLE 12-B - TRICHLOROETHYLENE EXPOSURE PREVENTION
SECTION 1389-F. MAXIMUM CONTAMINANT LEVELS FOR TRICHLOROETHYLENE (TCE).
  S 1389-F. MAXIMUM CONTAMINANT LEVELS FOR TRICHLOROETHYLENE (TCE).  THE
DEPARTMENT  SHALL  PRESCRIBE  A MAXIMUM INDOOR AIR CONTAMINANT LEVEL FOR
TRICHLOROETHYLENE, FOR SUCH STANDARD,  THE  TARGETED  RISK  OF  RESIDUAL
CONTAMINATION  SHALL  BE BASED ON THE MOST PROTECTIVE UNDERLYING ASSUMP-
TIONS AND CANCER POTENCY FACTOR AND SHALL NOT EXCEED  AN  EXCESS  CANCER
RISK  OF  ONE  IN  ONE  MILLION FOR CARCINOGENIC END POINTS AND A HAZARD
INDEX OF ONE FOR NON-CANCER END POINTS,  IN  ORDER  TO  MINIMIZE  HEALTH
RISKS ASSOCIATED TO EXPOSURE TO TRICHLOROETHYLENE.
  S  2.  Paragraph  i of subdivision 1 of section 3-0301 of the environ-
mental conservation law, as amended by chapter 654 of the laws of  2005,
is amended to read as follows:
  i.  Provide  for  prevention  and abatement of all water, land and air
pollution, INCLUDING INDOOR AIR, AND including, but not limited to, that
related to hazardous  substances,  particulates,  gases,  dust,  vapors,
noise,  radiation,  odor, nutrients and heated liquids.  IN ESTABLISHING
REMEDIATION STANDARDS AND ACTION LEVELS FOR INDOOR AIR, LEVELS  UTILIZED
BY  THE  DEPARTMENT  IN ANY PROGRAMS WHERE LEVELS OF HAZARDOUS CHEMICALS
ARE REGULATED, MONITORED, OR REPORTED SHALL BE AT LEAST AS STRINGENT  AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01232-01-5

              

A. 3236                             2

THOSE SET IN SECTION THIRTEEN HUNDRED EIGHTY-NINE-F OF THE PUBLIC HEALTH
LAW FOR ANY CONTAMINANT LISTED THEREIN;
  S  3.  Subdivision 1 of section 27-2403 of the environmental conserva-
tion law, as added by chapter 707 of the laws of  2006,  is  amended  to
read as follows:
  1.  (A)  A  person identified as a responsible party pursuant to title
thirteen of this article or a participant as defined in paragraph (a) of
subdivision one of section 27-1405 of this article shall provide  within
thirty  days of validation of any test undertaken pursuant to this arti-
cle or article twelve of the navigation law the results of any such test
to any identifiable owner of real property that has been tested. In  the
event  that  such a test is undertaken by the department, the department
shall provide, within thirty  days  of  validation  of  such  test,  the
results of such test to any identifiable owner of real property that has
been tested.
  (B)  ANY  MAXIMUM  CONTAMINANT  LEVEL  SET BY THE DEPARTMENT OF HEALTH
PURSUANT TO SECTION THIRTEEN HUNDRED EIGHTY-NINE-F OF THE PUBLIC  HEALTH
LAW  SHALL  BE UTILIZED IN DETERMINING THE APPLICABILITY OF THIS SECTION
FOR ANY CONTAMINANT LISTED THEREIN.
  S 4. This act shall take effect immediately.