NY State Senate Bill 2021-S9525

Archive: Last Bill Status - In Senate Committee Rules Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 05, 2022	referred to rules

2021-S9525 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Add §17-0833, En Con L
Versions Introduced in 2023-2024 Legislative Session:: S227

2021-S9525 (ACTIVE) - Summary

Enacts the "PFAS surface water discharge disclosure act"; requires publicly owned treatment works and people who discharge industrial waste to such treatment works to disclose the measurement of per- and polyfluoroalkyl chemicals found in any discharge into the state waterways.

2021-S9525 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9525

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
enacting the "PFAS surface water discharge disclosure act"

 
PURPOSE:

The purpose of this bill is to identify the sources of a class of pollu-
tants known as per- and polyfluoroakyl chemicals, PFAS, in the surface
waters of the state through the creation of an annual testing require-
ment for all permitted facilities discharging waste in the state.

 
SUMMARY OF PROVISIONS:

This bill would add a new section 17-0833 to the environmental conserva-
tion law to establish an annual PFAS surface water discharge disclosure
requirement for all publicly owned treatment works and any new state
pollutant discharge elimination system (SPDES) permit applicant. The
bill would also require those discharging industrial waste to a POTW to

identify any PFAS known or suspected in its waste to such treatment
works.

The bill references the appropriate testing protocols to be used for
PFAS testing and states that applicants for a SPDES permit shall
describe any reason PFAS would be known or suspected to be discharged to
a treatment works.

Additionally, the department would be required to make publically avail-
able all reported PFAS testing data on their website.

 
JUSTIFICATION:

PFAS (per- and polyfluoroakyl chemicals) are a class of persistent,
bioaccumulative and toxic chemicals that have contaminated surface
waters and groundwater in New York and across the country. They are
commonly used in the industrial production of plastics and are ubiqui-
tous enough to be found in food, clothing, personal care products, and
soils, as well as water. They accumulate in our bodies and can disrupt
fertility, child development, immune systems and hormonal activity: yet
there is currently no limited discharge level of them to surface waters.
Further, those proposing to discharge pollutants into our waterways are
not even required to disclose whether their existing or proposed
discharges contain PFAS. The lack of information about PFAS chemicals
entering our waterways is a serious barrier to protecting our residents
and the environment. The creation of an annual testing and reporting
protocol for the discharge of PFAS to our water is critical to the
state's understanding of their sources and will inform future policymak-
ing regarding these "forever chemicals".

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None to the State
 
EFFECTIVE DATE:
180 days after enactment, with immediate authority to the department for
any amendments to regulation that might be needed to implement the bill.

2021-S9525 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9525
 
                             I N  S E N A T E
 
                              August 5, 2022
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   enacting the "PFAS surface water discharge disclosure act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act may be known and may be cited as  the
 "PFAS surface water discharge disclosure act".
   § 2. Legislative intent. PFAS (per- and polyfluoroalkyl chemicals) are
 a  class  of persistent, bioaccumulative, and toxic chemicals. PFAS have
 contaminated surface waters and groundwater in New York and  across  the
 country.  New York has led the nation by limiting two PFAS--perfluorooc-
 tanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS)--in drinking
 water by setting a maximum contaminant level for  these  two  chemicals.
 However,  no  PFAS--not  even  PFOA  or  PFOS--are  currently limited in
 discharges to our surface waters. Further, those proposing to  discharge
 pollutants  into  New York's waterways are not even required to disclose
 whether their existing or proposed discharges contain PFAS. The lack  of
 information  about  the  suite  of PFAS chemicals currently entering New
 York's waterways serves  as  a  barrier  to  developing  regulations  to
 protect  people and the environment from the harms of PFAS in our water-
 ways. The modification of existing application requirements will  ensure
 all  facilities  currently  discharging  or  proposing to discharge into
 waters in New York disclose and monitor their discharge of PFAS.
   § 3. The environmental conservation law is amended  by  adding  a  new
 section 17-0833 to read as follows:
 § 17-0833. PFAS IN SURFACE WATER DISCHARGE DISCLOSURE REQUIREMENT.
   1.  AS USED IN THIS SECTION, THE TERM "PFAS" SHALL MEAN PERFLUOROALKYL
 AND POLYFLUOROALKYL CHEMICALS.
   2. THE DEPARTMENT SHALL REQUIRE ALL  PUBLICLY  OWNED  TREATMENT  WORKS
 LICENSED  PURSUANT  TO THIS TITLE TO DISCLOSE ANNUALLY FOR THE PERIOD OF
 THEIR PERMIT AND EVERY YEAR THEREAFTER  UPON  RENEWAL  OF  SUCH  PERMIT,
 THROUGH  QUANTITATIVE  AND  QUALITATIVE  MONITORING,  THE LEVELS OF PFAS
 PRESENT IN THE DISCHARGE PRODUCED BY SUCH TREATMENT WORKS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16177-02-2
 S. 9525                             2
 
   3. (A) THE DEPARTMENT SHALL REQUIRE ANY NEW SPDES PERMIT APPLICANT  TO
 SUBMIT  DOCUMENTATION  ON  WHETHER SUCH APPLICANT KNOWS OR HAS REASON TO
 BELIEVE THAT ANY PFAS ARE OR WILL BE DISCHARGED FROM THE OUTLET OR POINT
 SOURCE AS INDICATED ON  THE  APPLICATION  INTO  THE  SURFACE  WATERS  OR
 GROUNDWATERS OF THE STATE.
   (B)  AN  APPLICANT  SHALL  MEASURE  ANY  PFAS  IN  ACCORDANCE WITH THE
 APPROVED OR DRAFTED METHOD FOR ANALYZING SUCH PFAS PURSUANT  TO  40  CFR
 PART  136  AND  REPORT THE QUANTITATIVE DATA IN THEIR APPLICATION TO THE
 DEPARTMENT.  IF A PFAS FOR WHICH THERE IS NOT  AN  APPROVED  OR  DRAFTED
 METHOD  FOR  ANALYZING SUCH PFAS PURSUANT TO 40 CFR PART 136 IS EXPECTED
 TO BE DISCHARGED, THE APPLICANT SHALL BRIEFLY DESCRIBE THE  REASONS  THE
 PFAS  IS  EXPECTED  TO BE DISCHARGED IN THEIR APPLICATION TO THE DEPART-
 MENT.
   4. EACH PERSON DISCHARGING INDUSTRIAL WASTE TO A PUBLICLY OWNED TREAT-
 MENT WORKS SHALL IDENTIFY ANY PFAS KNOWN OR SUSPECTED IN THE  INDUSTRIAL
 WASTE TO SUCH TREATMENT WORKS.
   5.  THE  DEPARTMENT  SHALL MAKE PUBLICALLY AVAILABLE ALL REPORTED PFAS
 TESTING DATA ON THE DEPARTMENT'S WEBSITE.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

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Senate Bill S9525

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2021-S9525 (ACTIVE) - Details

2021-S9525 (ACTIVE) - Summary

2021-S9525 (ACTIVE) - Sponsor Memo

2021-S9525 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9525

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Sponsored By

Rachel May

Archive: Last Bill Status - In Senate Committee Rules Committee

2021-S9525 (ACTIVE) - Details

2021-S9525 (ACTIVE) - Summary

2021-S9525 (ACTIVE) - Sponsor Memo

2021-S9525 (ACTIVE) - Bill Text download pdf

Comments