Assembly Bill A3296

2023-2024 Legislative Session

Enacts the "PFAS discharge disclosure act"

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

2023-A3296 - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §17-0833, En Con L

2023-A3296 - Summary

Enacts the "PFAS discharge disclosure act"; requires certain SPDES permit holders to disclose the measurement of PFAS chemicals found in any discharges from outfalls.

2023-A3296 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3296
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Environmental Conservation
 
 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 shall be known and may be cited as
 the "PFAS surface water discharge disclosure act".
   § 2. Legislative intent. PFAS (per-  and  polyfluoroalkyl  substances)
 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--perfluo-
 rooctanoic 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 limit-
 ed 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.
 Publicly  owned treatment works' (POTW) sewage treatment technology, for
 example, is not designed to remove PFAS  from  wastewater,  meaning  any
 PFAS introduced into a POTW by an industrial user will pass through into
 the surface water. The lack of information about the suite of PFAS chem-
 icals currently entering New York's waterways is a barrier to developing
 regulations to protect people and the environment from the harms of PFAS
 in  our  waterways.    In December 2022, the US Environmental Protection
 Agency (EPA) published guidance encouraging states to require facilities
 discharging into New York's waters, as well as industrial users  sending
 waste  to  POTWs, to monitor for and disclose the presence of PFAS. This
 bill is intended to better align New York state law  with  EPA  guidance
 and  will  ensure  all  facilities currently discharging or proposing to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07011-01-3
 A. 3296                             2
              

co-Sponsors

2023-A3296A (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §17-0833, En Con L

2023-A3296A (ACTIVE) - Summary

Enacts the "PFAS discharge disclosure act"; requires certain SPDES permit holders to disclose the measurement of PFAS chemicals found in any discharges from outfalls.

2023-A3296A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3296--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M.  of A. KELLES, L. ROSENTHAL, REYES, FAHY -- read once
   and referred to the Committee on Environmental Conservation -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   enacting the "PFAS 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 shall be known and may be cited as
 the "PFAS discharge disclosure act".
   § 2. Legislative intent.  The  legislature  finds  and  declares   the
 following:
   1.  PFAS (per- and polyfluoroalkyl substances) are a class of persist-
 ent,  bioaccumulative,  and  toxic  chemicals  which  have  contaminated
 surface waters and groundwater in New York and across the country.
   2. New York has led the nation by limiting two PFAS--perfluorooctanoic
 acid  (PFOA) and perfluorooctane sulfonic acid (PFOS)--in drinking water
 by setting a maximum contaminant level for these two chemicals. However,
 there are currently no enforceable limits  on  PFAS  discharges  to  our
 waters. Further, those proposing to discharge pollutants into New York's
 waterways  are  not  even  required  to  disclose whether their proposed
 discharges contain PFAS.  Publicly owned treatment works' (POTW)  sewage
 treatment  technology,  for example, is not designed to remove PFAS from
 wastewater, meaning any PFAS introduced into a  POTW  by  an  industrial
 source will pass through into the surface water.
   3. The lack of information about the suite of PFAS chemicals currently
 entering  New York's waterways is a barrier to developing regulations to
 protect people and the environment from the harms of PFAS in our  water-
 ways.
   4.  In  December  2022,  the  US Environmental Protection Agency (EPA)
 published guidance encouraging states to require facilities  discharging
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07011-07-3
              

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