assembly Bill A9952A

2019-2020 Legislative Session

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

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Sponsored By

Current Bill Status Via S7880 - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 09, 2020 returned to senate
passed assembly
ordered to third reading rules cal.105
substituted for a9952b
Jun 09, 2020 substituted by s7880b
rules report cal.105
reported
reported referred to rules
Jun 06, 2020 reference changed to ways and means
print number 9952b
Jun 06, 2020 amend (t) and recommit to environmental conservation
May 22, 2020 print number 9952a
May 22, 2020 amend (t) and recommit to environmental conservation
Feb 28, 2020 referred to environmental conservation

Co-Sponsors

view additional co-sponsors

A9952 - Details

See Senate Version of this Bill:
S7880
Law Section:
Environmental Conservation Law
Laws Affected:
Add §27-0927, En Con L

A9952 - Summary

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

A9952 - Bill Text download pdf


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

                                  9952

                          I N  A S S E M B L Y

                            February 28, 2020
                               ___________

Introduced  by  M. of A. McDONALD, FAHY, STECK -- read once and referred
  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

Co-Sponsors

view additional co-sponsors

A9952A - Details

See Senate Version of this Bill:
S7880
Law Section:
Environmental Conservation Law
Laws Affected:
Add §27-0927, En Con L

A9952A - Summary

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

A9952A - Bill Text download pdf


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

                                 9952--A

                          I N  A S S E M B L Y

                            February 28, 2020
                               ___________

Introduced  by  M. of A. McDONALD, FAHY, STECK, D'URSO, THIELE, DICKENS,
  DARLING, EPSTEIN, JACOBSON, GLICK, GALEF, SIMON, CAHILL, LENTOL, GOTT-
  FRIED, SCHMITT, DeSTEFANO -- read once and referred 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.
                                                           LBD15624-04-0

Co-Sponsors

view additional co-sponsors

A9952B (ACTIVE) - Details

See Senate Version of this Bill:
S7880
Law Section:
Environmental Conservation Law
Laws Affected:
Add §27-0927, En Con L

A9952B (ACTIVE) - Summary

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

A9952B (ACTIVE) - Bill Text download pdf


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

                                 9952--B

                          I N  A S S E M B L Y

                            February 28, 2020
                               ___________

Introduced  by  M. of A. McDONALD, FAHY, STECK, D'URSO, THIELE, DICKENS,
  DARLING, EPSTEIN, JACOBSON, GLICK, GALEF, SIMON, CAHILL, LENTOL, GOTT-
  FRIED, SCHMITT, DeSTEFANO -- read once and referred to  the  Committee
  on  Environmental  Conservation -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee

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.
                                                           LBD15624-06-0