NY State Senate Bill S439

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
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Delivered to Governor
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Actions

view actions (21)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 23, 2019	approval memo.61 signed chap.702
Dec 17, 2019	delivered to governor
Jun 20, 2019	returned to senate passed assembly ordered to third reading rules cal.581 substituted for a445a
Jun 14, 2019	referred to codes returned to assembly repassed senate
Jun 11, 2019	amended on third reading 439a
Jun 11, 2019	vote reconsidered - restored to third reading returned to senate recalled from assembly
May 20, 2019	referred to governmental operations delivered to assembly passed senate
May 13, 2019	advanced to third reading
May 08, 2019	2nd report cal.
May 07, 2019	1st report cal.594
Jan 09, 2019	referred to finance

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S439 - Details

Law Section:: Executive Law
Laws Affected:: Add §159-b, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S8575

S439 - Summary

Relates to reducing the use of PFAS chemicals in firefighting activities.

S439 - Sponsor Memo

 
BILL NUMBER: S439

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the executive law, in relation to reducing the use of
PFAS chemicals in firefighting activities

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new section 159-b to the executive law.
Subdivision 1 sets definitions of chemical plant, class B firefighting
foam, firefighting personal protective equipment, local governments,
manufacturer, perfluoroalkyl and polyfluoroalkyl substances or PFAS
chemicals, person, and terminal

Subdivision 2 states that no person, local government, or state agency
may discharge or otherwise use for training purposes class B firefight-
ing foam that contains intentionally added PFAS chemicals.  Subdivision
3 states that beginning two years after the effective date, manufactur-
ers may not manufacture, sell, or distribute class B firefighting foam
that contains intentionally added PFAS chemicals.  This subdivision does

not apply to use by a person at a terminal, oil refinery, or chemical
plant, and makes provisions for federal laws.  Manufacturers must noti-
fy, in writing, persons that sell their products about this subdivision
within one year of implementation, and shall recall any existing
products prior to implementation.

Subdivision 4 requires manufacturers or persons who sell firefighting
personal protective equipment to provide written notice to the purchaser
at the time of sale if the equipment contains PFAS chemical and the
reason why PFAS chemicals are added to the equipment, and such notice
shall be retained for at least three years.

Subdivision 5 allows the office of fire prevention and control to
request a certificate of compliance from a manufacturer of class B fire-
fighting foam or firefighting personal protective equipment attesting to
the manufacturer's compliance with this section.

Subdivision 6 requires the office of fire prevention and control to
promulgate regulations to provide guidance to state agencies and local
governments to avoid the purchase or use of class B firefighting foam or
firefighting personal protective equipment.

Subdivision 7 sets a civil penalty of $5,000 to any manufacturer or
person in violation of this section for each first offense.  Manufactur-
ers, local governments, or persons that are repeat violators are subject
to a $10,000 civil penalty for each repeat offense. Penalties collected
shall be deposited in the hazardous waste remedial fund.

Section 2 sets the effective date.

 
JUSTIFICATION:

The chemicals PFOA and PFOS have come under scrutiny in New York over
the last several years due to water contamination cases. While existing
federal and state efforts to regulate PFOA and PFOS are critical, there
is a troubling gap in these efforts. PFOA and PFOS are part of a class
of man-made chemicals called PFAS, or perfluoroalkyl and polyfluoroalkyl
chemicals. Regulations on PFOA and PFOS do not address less common chem-
icals in the PFAS family that could pose similar and unknown human
health impacts, not to mention the potential for new PFAS chemicals to
be developed in the future.

This bill ban PFAS chemicals in firefighting foam used and manufactured
in New York. Chemicals that are similar in chemical makeup to chemicals
we know to be harmful should not be automatically approved for use,
because it is likely they also lead to harmful health impacts. Rather,
we should utilize a precautionary principle and prohibit the use of all
PFAS chemicals in firefighting foam.

New York's recent water contamination cases have brought public atten-
tion to the harms of PFOA and PFOS. In Hoosick Falls and Petersburgh,
PFOA was used in local factories to manufacture Teflon (non-stick
surfaces) and waste product including the chemical entered the local
water supply. In Newburgh and Suffolk County, PFOS was used in fire-
fighting foam that seeped into the groundwater through firefighting and
training activities. In these communities, residents have demonstrated
high levels of these chemicals in their blood, and have experienced
health impacts including kidney cancer, testicular cancer, thyroid
disease, and birth defects, which studies have linked to these chemi-
cals.

The attention to PFOA and PFOS has led to some recent federal and state
regulatory action. The U.S. Environmental Protection Agency (EPA) first
issued provisional health advisories for PFOA and PFOS in 2009, and
followed up with lifetime health advisories in 2016.  However, it has
not established national drinking water standards.  Under the provisions
of the Fiscal Year 2017-2018 New York State budget, New York's Drinking
Water Council is undergoing a review of chemicals including PFOA and
PFOS with the stated goal of setting strong enforceable limits on the
chemicals. In April 2016, the New York State Department of Environmental
Conservation issued an emergency rule that added PFOA-acid, PFOA-salt,
PFOS-acid, and PFOS-salt to the state's list of hazardous substances,
with particular attention to their use in class 8 firefighting foams.
Finally, over the last dozen years, many companies agreed to voluntarily
phase out their use of PFOA and PFOS, though their use continues in
limited forms today.

The case of Wilmington, North Carolina offers a case in point about the
need for stronger action on chemicals in the broader PFAS family.
There, a chemical in the PFAS family called GenX was found in the water
supply as a result of contamination from a local plant (Chemours, an
offshoot of DuPont) that manufactured the chemical.  According to
DuPont, GenX was developed as a safer alternative to PFOA, which it had
phased out due to environmental health concerns. However, studies
submitted to the U.S. EPA by DuPont showed that GenX caused tumors and
reproductive problems in lab animals. Residents and local officials are
rightly alarmed.

Firefighting foam is a key place to look for PFAS chemicals, as PFOS was
identified in the foam in New York. PFAS-based class B firefighting
foams have been used since the 1970s for vapor suppression, firefight-
ing, and firefighting training at airports, refineries, bulk storage
terminals, and other facilities handling large volumes of flammable
liquid petroleum or natural gas. PFAS chemicals are used in these foam
products because of their ability to produce a fast spreading foam. PFAS
chemicals in class B firefighting foam can seep into groundwater and
contaminate drinking water sources. Further, PFAS chemicals have been
identified in many types of outdoor clothing.

This bill would ban the entire class of PFAS chemicals from class B
firefighting foam used and manufactured in New York. It also requires
written notification of any PFAS chemicals found in personal protective
firefighting equipment (such as jackets, pants, and helmets) at the time
of sale. The Office of Fire Prevention and Control is instructed to
assist state and local government agencies in complying with this bill.
Finally, the bill establishes civil penalties for any violations which
shall be deposited into the hazardous waste remedial fund. Washington
State signed similar legislation into law in April 2018.

In order to protect the health and safety of New Yorkers, we must take
an aggressive approach by prohibiting the use of all PFAS chemicals in
firefighting foams.

 
LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become a
law.

S439 - Bill Text download pdf


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

                                   439

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced by Sens. HOYLMAN, KAVANAGH -- read twice and ordered printed,
  and when printed to be committed to the Committee on Finance

AN  ACT  to  amend the executive law, in relation to reducing the use of
  PFAS chemicals in firefighting activities

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

  Section  1. The executive law is amended by adding a new section 159-b
to read as follows:
  § 159-B. RESTRICTIONS ON THE USE OF FIREFIGHTING EQUIPMENT  CONTAINING
PFAS  CHEMICALS.  1. AS USED IN THIS SECTION, UNLESS THE CONTEXT CLEARLY
REQUIRES OTHERWISE:
  (A) "CHEMICAL PLANT" MEANS A LARGE INTEGRATED PLANT OR THAT PORTION OF
SUCH A PLANT OTHER THAN A REFINERY OR DISTILLERY WHERE FLAMMABLE LIQUIDS
ARE PRODUCED BY CHEMICAL REACTIONS OR USED IN CHEMICAL REACTIONS.
  (B) "CLASS B FIREFIGHTING FOAM" MEANS  FOAMS  DESIGNED  TO  EXTINGUISH
FLAMMABLE LIQUID FIRES.
  (C)  "FIREFIGHTING  PERSONAL  PROTECTIVE EQUIPMENT" MEANS ANY CLOTHING
DESIGNED, INTENDED, OR MARKETED TO BE WORN BY FIREFIGHTING PERSONNEL  IN
THE PERFORMANCE OF THEIR DUTIES, DESIGNED WITH THE INTENT FOR THE USE IN
FIREFIGHTING  AND  RESCUE  ACTIVITIES,  INCLUDING JACKETS, PANTS, SHOES,
GLOVES, HELMETS, AND RESPIRATORY EQUIPMENT.
  (D)  "LOCAL  GOVERNMENTS"  INCLUDES  ANY  COUNTY,  CITY,  TOWN,   FIRE
DISTRICT,  REGIONAL  FIRE PROTECTION AUTHORITY, OR OTHER SPECIAL PURPOSE
DISTRICT THAT PROVIDES FIREFIGHTING SERVICES.
  (E) "MANUFACTURER" INCLUDES ANY PERSON,  FIRM,  ASSOCIATION,  PARTNER-
SHIP,  CORPORATION,  ORGANIZATION,  JOINT  VENTURE, IMPORTER OR DOMESTIC
DISTRIBUTOR OF FIREFIGHTING AGENTS OR FIREFIGHTING EQUIPMENT.
  (F) "PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES"  OR  "PFAS  CHEMI-
CALS"  MEANS,  FOR  THE PURPOSES OF FIREFIGHTING AGENTS AND FIREFIGHTING

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

                                                           LBD03612-01-9

S. 439                              2

EQUIPMENT, A CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING AT  LEAST
ONE FULLY FLUORINATED CARBON ATOM.
  (G) "PERSON" MEANS ANY INDIVIDUAL, PARTNERSHIP, ASSOCIATION, PUBLIC OR
PRIVATE  CORPORATION,  LIMITED  LIABILITY  COMPANY  OR ANY OTHER TYPE OF
LEGAL OR COMMERCIAL ENTITY, INCLUDING THEIR MEMBERS, MANAGERS, PARTNERS,
DIRECTORS, OR OFFICERS.
  (H) "TERMINAL" MEANS A FUEL STORAGE AND DISTRIBUTION FACILITY THAT HAS
BEEN ASSIGNED A TERMINAL CONTROL NUMBER BY THE INTERNAL REVENUE SERVICE.
  2. NO PERSON, LOCAL GOVERNMENT,  OR  STATE  AGENCY  MAY  DISCHARGE  OR
OTHERWISE  USE  FOR  TRAINING  PURPOSES  CLASS  B FIREFIGHTING FOAM THAT
CONTAINS  INTENTIONALLY   ADDED   PERFLUOROALKYL   AND   POLYFLUOROALKYL
SUBSTANCES (PFAS CHEMICALS).
  3.  (A) COMMENCING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,
NO MANUFACTURER OF CLASS B FIREFIGHTING FOAM MAY MANUFACTURE,  KNOWINGLY
SELL, OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE IN THIS
STATE  CLASS B FIREFIGHTING FOAM TO WHICH PERFLUOROALKYL AND POLYFLUORO-
ALKYL SUBSTANCES (PFAS CHEMICALS) HAVE BEEN INTENTIONALLY  ADDED  EXCEPT
AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION.
  (B)  THE  RESTRICTIONS  IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT
APPLY TO THE MANUFACTURE, SALE, OR DISTRIBUTION OF CLASS B  FIREFIGHTING
FOAM:
  (1) TO A PERSON FOR USE AT A TERMINAL OPERATED BY THE PERSON OR AN OIL
REFINERY OPERATED BY THE PERSON;
  (2) TO A PERSON FOR USE AT A CHEMICAL PLANT OPERATED BY THE PERSON; OR
  (3) WHERE THE INCLUSION OF PFAS CHEMICALS ARE REQUIRED BY FEDERAL LAW,
INCLUDING BUT NOT LIMITED TO THE REQUIREMENTS OF 1421 C.F.R. 139.317, AS
THAT  SECTION  EXISTS  AS  OF THE EFFECTIVE DATE OF THIS SECTION. IN THE
EVENT THAT APPLICABLE FEDERAL REGULATIONS  CHANGE  AFTER  THE  EFFECTIVE
DATE OF THIS SECTION TO ALLOW THE USE OF ALTERNATIVE FIREFIGHTING AGENTS
THAT  DO  NOT  CONTAIN PFAS CHEMICALS, THE OFFICE OF FIRE PREVENTION AND
CONTROL MAY ADOPT RULES THAT RESTRICT PFAS CHEMICALS  FOR  THE  MANUFAC-
TURE,  SALE,  AND  DISTRIBUTION  OF  FIREFIGHTING FOAM FOR USES THAT ARE
ADDRESSED BY THE FEDERAL REGULATION.
  (C) (1) A MANUFACTURER OF CLASS B FIREFIGHTING FOAM  RESTRICTED  UNDER
THIS  SUBDIVISION  SHALL  NOTIFY,  IN  WRITING,  PERSONS  THAT  SELL THE
MANUFACTURER'S PRODUCTS IN THIS  STATE  ABOUT  THE  PROVISIONS  OF  THIS
SECTION  NO  LESS  THAN ONE YEAR PRIOR TO THE IMPLEMENTATION DATE OF THE
RESTRICTIONS SET FORTH IN THIS SUBDIVISION.
  (2) A MANUFACTURER THAT PRODUCES, SELLS,  OR  DISTRIBUTES  A  CLASS  B
FIREFIGHTING  FOAM  PROHIBITED  UNDER  THIS SUBDIVISION SHALL RECALL THE
PRODUCT PRIOR TO THE IMPLEMENTATION DATE OF THE RESTRICTIONS  SET  FORTH
IN  THIS  SUBDIVISION  AND REIMBURSE THE RETAILER OR ANY OTHER PURCHASER
FOR THE PRODUCT.
  4. (A) A MANUFACTURER OR OTHER PERSON THAT SELLS FIREFIGHTING PERSONAL
PROTECTIVE EQUIPMENT TO ANY PERSON, LOCAL GOVERNMENT,  OR  STATE  AGENCY
MUST  PROVIDE WRITTEN NOTICE TO THE PURCHASER AT THE TIME OF SALE IF THE
FIREFIGHTING PERSONAL PROTECTIVE EQUIPMENT CONTAINS PFAS CHEMICALS.  THE
WRITTEN  NOTICE  MUST INCLUDE A STATEMENT THAT THE FIREFIGHTING PERSONAL
PROTECTIVE EQUIPMENT CONTAINS PFAS CHEMICALS AND THE REASON PFAS  CHEMI-
CALS ARE ADDED TO THE EQUIPMENT.
  (B)  THE  MANUFACTURER OR PERSON SELLING FIREFIGHTING PERSONAL PROTEC-
TIVE EQUIPMENT AND THE PURCHASER OF THE EQUIPMENT MUST RETAIN THE NOTICE
ON FILE FOR AT LEAST THREE YEARS FROM THE DATE OF THE TRANSACTION.  UPON
THE  REQUEST  OF  THE  OFFICE  OF FIRE PREVENTION AND CONTROL, A PERSON,
MANUFACTURER, OR PURCHASER MUST FURNISH THE NOTICE, OR  WRITTEN  COPIES,

S. 439                              3

AND  ASSOCIATED SALES DOCUMENTATION TO THE OFFICE OF FIRE PREVENTION AND
CONTROL WITHIN SIXTY DAYS.
  5. THE OFFICE OF FIRE PREVENTION AND CONTROL MAY REQUEST A CERTIFICATE
OF  COMPLIANCE FROM A MANUFACTURER OF CLASS B FIREFIGHTING FOAM OR FIRE-
FIGHTING PERSONAL PROTECTIVE EQUIPMENT ATTESTING TO  THE  MANUFACTURER'S
COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
  6.  THE  OFFICE  OF FIRE PREVENTION AND CONTROL SHALL PROMULGATE REGU-
LATIONS TO PROVIDE GUIDANCE TO STATE AGENCIES, FIRE PROTECTION DISTRICTS
AND LOCAL GOVERNMENTS IN AVOIDING THE PURCHASE OR USE OF CLASS  B  FIRE-
FIGHTING FOAMS TO WHICH PFAS CHEMICALS HAVE BEEN INTENTIONALLY ADDED AND
TO GIVE PRIORITY AND PREFERENCE TO THE PURCHASE OF FIREFIGHTING PERSONAL
PROTECTIVE EQUIPMENT THAT DOES NOT CONTAIN PFAS CHEMICALS.
  7.  ANY  MANUFACTURER OR PERSON IN VIOLATION OF THE PROVISIONS OF THIS
SECTION SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE  THOUSAND
DOLLARS  FOR  EACH VIOLATION IN THE CASE OF A FIRST OFFENSE. MANUFACTUR-
ERS, LOCAL GOVERNMENTS, OR PERSONS THAT  ARE  REPEAT  VIOLATORS  OF  THE
PROVISIONS  OF  THIS  SECTION SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO
EXCEED TEN THOUSAND DOLLARS FOR EACH REPEAT OFFENSE. PENALTIES COLLECTED
UNDER THIS SECTION SHALL BE DEPOSITED IN THE  HAZARDOUS  WASTE  REMEDIAL
FUND CREATED BY SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW.
  §  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.    Effective  immediately,  the  addition,  amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized and directed to be made
and completed on or before such effective date.

Co-Sponsors

view additional co-sponsors

S439A (ACTIVE) - Details

Law Section:: Executive Law
Laws Affected:: Add §159-b, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S8575

S439A (ACTIVE) - Summary

Relates to reducing the use of PFAS chemicals in firefighting activities.

S439A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S439A

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the executive law, in relation to
reducing the use of PFAS chemicals in firefighting activities

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new section 159-b to the executive law.
Subdivision 1 sets definitions of chemical plant, class B firefighting
foam, firefighting personal protective equipment, local governments,
manufacturer, perfluoroalkyl and polyfluoroalkyl substances or PFAS
chemicals, person, and terminal

Subdivision 2 states that no person, local government, or state agency
may discharge or otherwise use for training purposes class B firefight-
ing foam that contains intentionally added PFAS chemicals.  Subdivision
3 states that beginning two years after the effective date, manufactur-
ers may not manufacture, sell, or distribute class B firefighting foam
that contains intentionally added PFAS chemicals. This subdivision does
not apply to use by a person at a terminal, oil refinery, or chemical
plant, and makes provisions for federal laws. It also allows the sale of

such foam to fire departments for a period of no more than five years,
solely for use in certain specific emergency situations. Manufacturers
must notify, in writing, persons that sell their products about this
subdivision within one year of implementation, and shall recall any
existing products prior to implementation.

Subdivision 4 requires manufacturers or persons who sell firefighting
personal protective equipment to provide written notice to the purchaser
at the time of sale if the equipment contains PFAS chemical and the
reason why PFAS chemicals are added to the equipment, and such notice
shall be retained for at least three years.

Subdivision 5 allows the office of fire prevention and control to
request a certificate of compliance from a manufacturer of class B fire-
fighting foam or firefighting personal protective 'equipment attesting
to the manufacturer's compliance with this section.

Subdivision 6 requires the office of fire prevention and control to
promulgate regulations to provide guidance to state agencies and local
governments to avoid the purchase or use of class B firefighting foam or
firefighting personal protective equipment.

Subdivision 7 sets a civil penalty of $5,000 to any manufacturer or
person in violation of this section for each first offense.  Manufactur-
ers, local governments, or persons that are repeat violators are subject
to a $10,000 civil penalty for each repeat offense.  Penalties collected
shall be deposited in the hazardous waste remedial fund.

Section 2 sets the effective date.

 
JUSTIFICATION:

The chemicals PFOA and PFOS have come under scrutiny in New York over
the last several years due to water contamination cases. While existing
federal and state efforts to regulate PFOA and PFOS are critical, there
is a troubling gap in these efforts. PFOA and PFOS are part of a class
of man-made chemicals called PFAS, or perfluoroalkyl and polyfluoroalkyl
chemicals. Regulations on PFOA and PFOS do not address less common chem-
icals in the PFAS family that could pose similar and unknown human
health impacts, not to mention the potential for new PFAS chemicals to
be developed in the future.

This bill ban PFAS chemicals in firefighting foam used and manufactured
in New York. Chemicals that are similar in chemical makeup to chemicals
we know to be harmful should not be automatically approved for use,
because it is likely they also lead to harmful health impacts. Rather,
we should utilize a precautionary principle and prohibit the use of all
PFAS chemicals in firefighting foam.

New York's recent water contamination cases have brought public atten-
tion to the harms of PFOA and PFOS. In Hoosick Falls and Petersburgh,
PFOA was used in local factories to manufacture Teflon (non-stick
surfaces) and waste product including the chemical entered the local
water supply. In Newburgh and Suffolk County, PFOS was used in fire-
fighting foam that seeped into the groundwater through firefighting and
training activities. In these communities, residents have demonstrated
high levels of these chemicals in their blood, and have experienced
health impacts including kidney cancer, testicular cancer, thyroid
disease, and birth defects, which studies have linked to these chemi-
cals.

The attention to PFOA and PFOS has led to some recent federal and state
regulatory action. The U.S. Environmental Protection Agency (EPA) first
issued provisional health advisories for PFOA and PFOS in 2009, and
followed up with lifetime health advisories in 2016. However, it has not
established national drinking water standards.  Under the provisions of
the Fiscal Year 2017-2018 New York State budget, New York's Drinking
Water Council is undergoing a review of chemicals including PFOA and
PFOS with the stated goal of setting strong enforceable limits on the
chemicals. In April 2016, the New York State Department of Environmental
Conservation issued an emergency rule that added PFOA-acid, PFOA-salt,
PFOS-acid, and PFOS-salt to the state's list of hazardous substances,
with particular attention to their use in class 8 firefighting foams.
Finally, over the last dozen years, many companies agreed to voluntarily
phase out their use of PFOA and PFOS, though their use continues in
limited forms today.

The case of Wilmington, North Carolina offers a case in point about the
need for stronger action on chemicals in the broader PFAS family.
There, a chemical in the PFAS family called GenX was found in the water
supply as a result of contamination from a local plant (Chemours, an
offshoot of DuPont) that manufactured the chemical. According to DuPont,
GenX was developed as a safer alternative to PFOA, which it had phased
out due to environmental health concerns. However, studies submitted to
the U.S. EPA by DuPont showed that GenX caused tumors and reproductive
problems in lab animals. Residents and local officials are rightly
alarmed.

Firefighting foam is a key place to look for PFAS chemicals, as PFOS was
identified in the foam in New York. PFAS-based class B firefighting
foams have been used since the 1970s for vapor suppression, firefight-
ing, and firefighting training at airports, refineries, bulk storage
terminals, and other facilities handling large volumes of flammable
liquid petroleum or natural gas. PFAS chemicals are used in these foam
products because of their ability to produce a fast spreading foam. PFAS
chemicals in class B firefighting foam can seep into groundwater and
contaminate drinking water sources.  Further, PFAS chemicals have been
identified in many types of outdoor clothing.

This bill would ban the entire class of PFAS chemicals from class B
firefighting foam used and manufactured in New York. It also requires
written notification of any PFAS chemicals found in personal protective
firefighting equipment (such as jackets, pants, and helmets) at the time
of sale. The Office of Fire Prevention and Control is instructed to
assist state and local government agencies in complying with this bill.
Finally, the bill establishes civil penalties for any violations which
shall be deposited into the hazardous waste remedial fund. Washington
State signed similar legislation into law in April 2018.

In order to protect the health and safety of New Yorkers, we must take
an aggressive approach by prohibiting the use of all PFAS chemicals in
firefighting foams.

 
LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become a
law.

S439A (ACTIVE) - Bill Text download pdf


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

                                 439--A
    Cal. No. 594

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  Sens. HOYLMAN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, HARCK-
  HAM, KAVANAGH, MAYER, METZGER,  SERRANO,  SKOUFIS,  STAVISKY  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on  Finance  --  reported  favorably  from  said  committee,
  ordered to first and second report, ordered to a third reading, passed
  by  Senate and delivered 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 executive law, in relation to reducing the use of
  PFAS chemicals in firefighting activities

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

  Section  1. The executive law is amended by adding a new section 159-b
to read as follows:
  § 159-B. RESTRICTIONS ON THE USE OF FIREFIGHTING EQUIPMENT  CONTAINING
PFAS  CHEMICALS.  1. AS USED IN THIS SECTION, UNLESS THE CONTEXT CLEARLY
REQUIRES OTHERWISE:
  (A) "CHEMICAL PLANT" MEANS A LARGE INTEGRATED PLANT OR THAT PORTION OF
SUCH A PLANT OTHER THAN A REFINERY OR DISTILLERY WHERE FLAMMABLE LIQUIDS
ARE PRODUCED BY CHEMICAL REACTIONS OR USED IN CHEMICAL REACTIONS.
  (B) "CLASS B FIREFIGHTING FOAM" MEANS  FOAMS  DESIGNED  TO  EXTINGUISH
FLAMMABLE LIQUID FIRES.
  (C)  "FIREFIGHTING  PERSONAL  PROTECTIVE EQUIPMENT" MEANS ANY CLOTHING
DESIGNED, INTENDED, OR MARKETED TO BE WORN BY FIREFIGHTING PERSONNEL  IN
THE PERFORMANCE OF THEIR DUTIES, DESIGNED WITH THE INTENT FOR THE USE IN
FIREFIGHTING  AND  RESCUE  ACTIVITIES,  INCLUDING JACKETS, PANTS, SHOES,
GLOVES, HELMETS, AND RESPIRATORY EQUIPMENT.
  (D)  "LOCAL  GOVERNMENTS"  INCLUDES  ANY  COUNTY,  CITY,  TOWN,   FIRE
DISTRICT,  REGIONAL  FIRE PROTECTION AUTHORITY, OR OTHER SPECIAL PURPOSE
DISTRICT THAT PROVIDES FIREFIGHTING SERVICES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03612-02-9

S. 439--A                           2

  (E) "MANUFACTURER" INCLUDES ANY PERSON,  FIRM,  ASSOCIATION,  PARTNER-
SHIP,  CORPORATION,  ORGANIZATION,  JOINT  VENTURE, IMPORTER OR DOMESTIC
DISTRIBUTOR OF FIREFIGHTING AGENTS OR FIREFIGHTING EQUIPMENT.
  (F)  "PERFLUOROALKYL  AND  POLYFLUOROALKYL SUBSTANCES" OR "PFAS CHEMI-
CALS" MEANS, FOR THE PURPOSES OF FIREFIGHTING  AGENTS  AND  FIREFIGHTING
EQUIPMENT,  A CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING AT LEAST
ONE FULLY FLUORINATED CARBON ATOM.
  (G) "PERSON" MEANS ANY INDIVIDUAL, PARTNERSHIP, ASSOCIATION, PUBLIC OR
PRIVATE CORPORATION, LIMITED LIABILITY COMPANY  OR  ANY  OTHER  TYPE  OF
LEGAL OR COMMERCIAL ENTITY, INCLUDING THEIR MEMBERS, MANAGERS, PARTNERS,
DIRECTORS, OR OFFICERS.
  (H) "TERMINAL" MEANS A FUEL STORAGE AND DISTRIBUTION FACILITY THAT HAS
BEEN ASSIGNED A TERMINAL CONTROL NUMBER BY THE INTERNAL REVENUE SERVICE.
  2.  NO  PERSON,  LOCAL  GOVERNMENT,  OR  STATE AGENCY MAY DISCHARGE OR
OTHERWISE USE FOR TRAINING  PURPOSES  CLASS  B  FIREFIGHTING  FOAM  THAT
CONTAINS   INTENTIONALLY   ADDED   PERFLUOROALKYL   AND  POLYFLUOROALKYL
SUBSTANCES (PFAS CHEMICALS).
  3. (A) COMMENCING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS  SECTION,
NO  MANUFACTURER OF CLASS B FIREFIGHTING FOAM MAY MANUFACTURE, KNOWINGLY
SELL, OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE IN THIS
STATE CLASS B FIREFIGHTING FOAM TO WHICH PERFLUOROALKYL AND  POLYFLUORO-
ALKYL  SUBSTANCES  (PFAS CHEMICALS) HAVE BEEN INTENTIONALLY ADDED EXCEPT
AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION.
  (B) THE RESTRICTIONS IN PARAGRAPH (A) OF THIS  SUBDIVISION  SHALL  NOT
APPLY  TO THE MANUFACTURE, SALE, OR DISTRIBUTION OF CLASS B FIREFIGHTING
FOAM:
  (1) TO A PERSON FOR USE AT A TERMINAL OPERATED BY THE PERSON OR AN OIL
REFINERY OPERATED BY THE PERSON;
  (2) TO A PERSON FOR USE AT A CHEMICAL PLANT OPERATED BY THE PERSON;
  (3) TO A FIRE DEPARTMENT, FOR A PERIOD NOT TO EXCEED FIVE YEARS  AFTER
THE EFFECTIVE DATE OF THIS SECTION, FOR USE BY SUCH DEPARTMENT SOLELY IN
EMERGENCY  SITUATIONS  FOR  THE  PURPOSE  OF  FIGHTING LARGE-SCALE FIRES
CAUSED BY COMBUSTIBLE LIQUIDS WHICH OCCUR:
  (I) AT A TERMINAL, OIL REFINERY, CHEMICAL  PLANT,  OR  DEDICATED  FUEL
STORAGE FACILITY; OR
  (II) DURING THE PROCESS OF TRANSPORTING SUCH LIQUIDS; OR
  (4) WHERE THE INCLUSION OF PFAS CHEMICALS ARE REQUIRED BY FEDERAL LAW,
INCLUDING BUT NOT LIMITED TO THE REQUIREMENTS OF 1421 C.F.R. 139.317, AS
THAT  SECTION  EXISTS  AS  OF THE EFFECTIVE DATE OF THIS SECTION. IN THE
EVENT THAT APPLICABLE FEDERAL REGULATIONS  CHANGE  AFTER  THE  EFFECTIVE
DATE OF THIS SECTION TO ALLOW THE USE OF ALTERNATIVE FIREFIGHTING AGENTS
THAT  DO  NOT  CONTAIN PFAS CHEMICALS, THE OFFICE OF FIRE PREVENTION AND
CONTROL MAY ADOPT RULES THAT RESTRICT PFAS CHEMICALS  FOR  THE  MANUFAC-
TURE,  SALE,  AND  DISTRIBUTION  OF  FIREFIGHTING FOAM FOR USES THAT ARE
ADDRESSED BY THE FEDERAL REGULATION.
  (C) (1) A MANUFACTURER OF CLASS B FIREFIGHTING FOAM  RESTRICTED  UNDER
THIS  SUBDIVISION  SHALL  NOTIFY,  IN  WRITING,  PERSONS  THAT  SELL THE
MANUFACTURER'S PRODUCTS IN THIS  STATE  ABOUT  THE  PROVISIONS  OF  THIS
SECTION  NO  LESS  THAN ONE YEAR PRIOR TO THE IMPLEMENTATION DATE OF THE
RESTRICTIONS SET FORTH IN THIS SUBDIVISION.
  (2) A MANUFACTURER THAT PRODUCES, SELLS,  OR  DISTRIBUTES  A  CLASS  B
FIREFIGHTING  FOAM  PROHIBITED  UNDER  THIS SUBDIVISION SHALL RECALL THE
PRODUCT PRIOR TO THE IMPLEMENTATION DATE OF THE RESTRICTIONS  SET  FORTH
IN  THIS  SUBDIVISION  AND REIMBURSE THE RETAILER OR ANY OTHER PURCHASER
FOR THE PRODUCT.

S. 439--A                           3

  4. (A) A MANUFACTURER OR OTHER PERSON THAT SELLS FIREFIGHTING PERSONAL
PROTECTIVE EQUIPMENT TO ANY PERSON, LOCAL GOVERNMENT,  OR  STATE  AGENCY
MUST  PROVIDE WRITTEN NOTICE TO THE PURCHASER AT THE TIME OF SALE IF THE
FIREFIGHTING PERSONAL PROTECTIVE EQUIPMENT CONTAINS PFAS CHEMICALS.  THE
WRITTEN  NOTICE  MUST INCLUDE A STATEMENT THAT THE FIREFIGHTING PERSONAL
PROTECTIVE EQUIPMENT CONTAINS PFAS CHEMICALS AND THE REASON PFAS  CHEMI-
CALS ARE ADDED TO THE EQUIPMENT.
  (B)  THE  MANUFACTURER OR PERSON SELLING FIREFIGHTING PERSONAL PROTEC-
TIVE EQUIPMENT AND THE PURCHASER OF THE EQUIPMENT MUST RETAIN THE NOTICE
ON FILE FOR AT LEAST THREE YEARS FROM THE DATE OF THE TRANSACTION.  UPON
THE  REQUEST  OF  THE  OFFICE  OF FIRE PREVENTION AND CONTROL, A PERSON,
MANUFACTURER, OR PURCHASER MUST FURNISH THE NOTICE, OR  WRITTEN  COPIES,
AND  ASSOCIATED SALES DOCUMENTATION TO THE OFFICE OF FIRE PREVENTION AND
CONTROL WITHIN SIXTY DAYS.
  5. THE OFFICE OF FIRE PREVENTION AND CONTROL MAY REQUEST A CERTIFICATE
OF COMPLIANCE FROM A MANUFACTURER OF CLASS B FIREFIGHTING FOAM OR  FIRE-
FIGHTING  PERSONAL  PROTECTIVE EQUIPMENT ATTESTING TO THE MANUFACTURER'S
COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
  6. THE OFFICE OF FIRE PREVENTION AND CONTROL  SHALL  PROMULGATE  REGU-
LATIONS TO PROVIDE GUIDANCE TO STATE AGENCIES, FIRE PROTECTION DISTRICTS
AND  LOCAL  GOVERNMENTS IN AVOIDING THE PURCHASE OR USE OF CLASS B FIRE-
FIGHTING FOAMS TO WHICH PFAS CHEMICALS HAVE BEEN INTENTIONALLY ADDED AND
TO GIVE PRIORITY AND PREFERENCE TO THE PURCHASE OF FIREFIGHTING PERSONAL
PROTECTIVE EQUIPMENT THAT DOES NOT CONTAIN PFAS CHEMICALS.
  7. ANY MANUFACTURER OR PERSON IN VIOLATION OF THE PROVISIONS  OF  THIS
SECTION  SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND
DOLLARS FOR EACH VIOLATION IN THE CASE OF A FIRST  OFFENSE.  MANUFACTUR-
ERS,  LOCAL  GOVERNMENTS,  OR  PERSONS  THAT ARE REPEAT VIOLATORS OF THE
PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A CIVIL  PENALTY  NOT  TO
EXCEED TEN THOUSAND DOLLARS FOR EACH REPEAT OFFENSE. PENALTIES COLLECTED
UNDER  THIS  SECTION  SHALL BE DEPOSITED IN THE HAZARDOUS WASTE REMEDIAL
FUND CREATED BY SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW.
  § 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law.    Effective  immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized and directed to be made
and completed on or before such effective date.

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The New York State Senate

senate Bill S439

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Archive: Last Bill Status - Signed by Governor

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Votes

Jun 14, 2019 - floor Vote

Floor Vote: Jun 14, 2019

May 20, 2019 - floor Vote

Floor Vote: May 20, 2019

May 7, 2019 - Finance committee Vote

Finance Committee Vote: May 7, 2019

Bill Amendments

Co-Sponsors

S439 - Details

S439 - Summary

S439 - Sponsor Memo

S439 - Bill Text download pdf

Co-Sponsors

S439A (ACTIVE) - Details

S439A (ACTIVE) - Summary

S439A (ACTIVE) - Sponsor Memo

S439A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S439

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 14, 2019 - floor Vote

Floor Vote: Jun 14, 2019

May 20, 2019 - floor Vote

Floor Vote: May 20, 2019

May 7, 2019 - Finance committee Vote

Finance Committee Vote: May 7, 2019

Bill Amendments

Co-Sponsors

S439 - Details

S439 - Summary

S439 - Sponsor Memo

S439 - Bill Text download pdf

Co-Sponsors

S439A (ACTIVE) - Details

S439A (ACTIVE) - Summary

S439A (ACTIVE) - Sponsor Memo

S439A (ACTIVE) - Bill Text download pdf

Comments