Senate Bill S7880

Signed By Governor
2019-2020 Legislative Session

Prohibits the incineration of aqueous film-forming foam containing perfluoroalkyl and polyfluoroalkyl substances in certain cities

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Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2019-S7880 - Details

See Assembly Version of this Bill:
A9952
Law Section:
Environmental Conservation Law
Laws Affected:
Add §27-0927, En Con L
Versions Introduced in 2019-2020 Legislative Session:
S7880, A9952

2019-S7880 - Summary

Prohibits the incineration of aqueous film-forming foam containing perfluoroalkyl and polyfluoroalkyl substances in certain cities.

2019-S7880 - Sponsor Memo

2019-S7880 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7880
 
                             I N  S E N A T E
 
                             February 28, 2020
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting  the incineration of aqueous film-forming foam and associ-
   ated perfluorocarbon components
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 27-0927 to read as follows:
 § 27-0927. INCINERATION OF  AQUEOUS  FILM-FORMING  FOAM  AND  ASSOCIATED
              PERFLUOROCARBON COMPONENTS PROHIBITED.
   1.  NO  PERSON,  PARTNERSHIP,  LIMITED LIABILITY COMPANY, CORPORATION,
 JOINT VENTURE, ASSOCIATION, GOVERNMENT, OR ANY OTHER LEGAL ENTITY OR ANY
 AGENCY OR EMPLOYEE THEREOF SHALL CAUSE ANY OBJECT OR SUBSTANCE  CONTAIN-
 ING  AQUEOUS FILM-FORMING FOAM AND ASSOCIATED PERFLUOROCARBON COMPONENTS
 TO BE INCINERATED ANYWHERE IN THE STATE. THE COMMISSIONER MAY PROMULGATE
 ANY RULES OR REGULATIONS HE OR SHE MAY DEEM NECESSARY IN ORDER TO  CARRY
 OUT THE PROVISIONS OF THIS SECTION.
   2.  FOR  THE PURPOSES OF THIS SECTION "INCINERATION" SHALL INCLUDE BUT
 IS NOT LIMITED TO BURNING, COMBUSTION, PYROLYSIS, GASIFICATION,  THERMAL
 OXIDATION   (INCLUDING   FLAMELESS   AND   REGENERATIVE),  ACID-RECOVERY
 FURNACE/OXIDIZER, ORE ROASTER, CEMENT KILN, LIGHTWEIGHT AGGREGATE  KILN,
 INDUSTRIAL  FURNACE,  BOILER,  PROCESS HEATER. THIS PROHIBITION DOES NOT
 APPLY TO NON-COMBUSTION PROCESSES USING HIGH TEMPERATURE  AND  PRESSURES
 COUPLED WITH WATER INCLUDING HYDROTHERMAL OXIDIZATION.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15624-01-0

2019-S7880A - Details

See Assembly Version of this Bill:
A9952
Law Section:
Environmental Conservation Law
Laws Affected:
Add §27-0927, En Con L
Versions Introduced in 2019-2020 Legislative Session:
S7880, A9952

2019-S7880A - Summary

Prohibits the incineration of aqueous film-forming foam containing perfluoroalkyl and polyfluoroalkyl substances in certain cities.

2019-S7880A - Sponsor Memo

2019-S7880A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7880--A
 
                             I N  S E N A T E
 
                             February 28, 2020
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting the incineration of aqueous film-forming  foam  containing
   perfluoroalkyl and polyfluoroalkyl substances
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 27-0927 to read as follows:
 § 27-0927. INCINERATION OF AQUEOUS FILM-FORMING FOAM CONTAINING PERFLUO-
              ROALKYL AND POLYFLUOROALKYL SUBSTANCES PROHIBITED.
   1.  THE  DISPOSAL  BY  INCINERATION  OF AQUEOUS FILM-FORMING FOAM THAT
 CONTAINS PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES SHALL BE  PROHIB-
 ITED IN THE STATE OF NEW YORK. THE COMMISSIONER MAY PROMULGATE ANY RULES
 OR  REGULATIONS  HE  OR SHE MAY DEEM NECESSARY IN ORDER TO CARRY OUT THE
 PROVISIONS OF THIS SECTION.
   2. FOR THE PURPOSES OF THIS SECTION:
   (A) "INCINERATION" INCLUDES BUT IS NOT LIMITED TO BURNING, COMBUSTION,
 PYROLYSIS, GASIFICATION,  THERMAL  OXIDATION  (INCLUDING  FLAMELESS  AND
 REGENERATIVE), ACID RECOVERY FURNACE/OXIDIZER, ORE ROASTER, CEMENT KILN,
 LIGHTWEIGHT AGGREGATE KILN, INDUSTRIAL FURNACE, BOILER AND PROCESS HEAT-
 ER; AND
   (B)  "PERFLUOROALKYL  AND POLYFLUOROALKYL SUBSTANCES" MEANS A CLASS OF
 FLUORINATED ORGANIC CHEMICALS CONTAINING AT LEAST ONE FULLY  FLUORINATED
 CARBON ATOM.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15624-05-0

2019-S7880B (ACTIVE) - Details

See Assembly Version of this Bill:
A9952
Law Section:
Environmental Conservation Law
Laws Affected:
Add §27-0927, En Con L
Versions Introduced in 2019-2020 Legislative Session:
S7880, A9952

2019-S7880B (ACTIVE) - Summary

Prohibits the incineration of aqueous film-forming foam containing perfluoroalkyl and polyfluoroalkyl substances in certain cities.

2019-S7880B (ACTIVE) - Sponsor Memo

2019-S7880B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7880--B
 
                             I N  S E N A T E
 
                             February 28, 2020
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to  said  committee  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT  prohibiting  the  incineration  of  aqueous  film-forming  foam
   containing perfluoroalkyl and polyfluoroalkyl  substances  in  certain
   cities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 1. The disposal by  incineration  of  aqueous  film-forming
 foam  that  contains perfluoroalkyl and polyfluoroalkyl substances shall
 be prohibited in a city with an environmental justice area designated by
 the department of environmental conservation and  a  population  of  not
 less  than  sixteen  thousand and not more than seventeen thousand based
 upon the two thousand ten federal census. The commissioner  of  environ-
 mental  conservation  may  promulgate any rules or regulations he or she
 may deem necessary in order to carry out the provisions of this act.
   2. For the purposes of this act:
   (a) "incineration" includes but is not limited to burning, combustion,
 pyrolysis, gasification,  thermal  oxidation  (including  flameless  and
 regenerative), acid recovery furnace/oxidizer, ore roaster, cement kiln,
 lightweight aggregate kiln, industrial furnace, boiler and process heat-
 er; and
   (b)  "perfluoroalkyl  and polyfluoroalkyl substances" means a class of
 fluorinated organic chemicals containing at least one fully  fluorinated
 carbon atom.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15624-07-0

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