S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9260
 
                           I N  A S S E M B L Y
 
                             February 22, 2024
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   directing  the department of environmental conservation to establish a
   perfluoroalkyl  and  polyfluoroalkyl  substances   removal   treatment
   installation  grant  program  and  a perfluoroakyl and polyfluoroalkyl
   substances removal treatment maintenance rebate program
 
   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 37-0123 to read as follows:
 § 37-0123. PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES REMOVAL  TREAT-
              MENT INSTALLATION GRANT PROGRAM.
   1.  DEFINITIONS.  FOR  PURPOSES  OF  THIS SECTION, "PERFLUOROALKYL AND
 POLYFLUOROALKYL SUBSTANCES" OR "PFAS" SHALL HAVE THE SAME MEANING AS  IN
 SECTION 27-3301 OF THIS CHAPTER.
   2.  GRANT  PROGRAM.  THE  DEPARTMENT,  WITHIN  AMOUNTS FROM ANY SOURCE
 APPROPRIATED OR OTHERWISE PROVIDED FOR SUCH PURPOSE, SHALL  ESTABLISH  A
 PERFLUOROALKYL  AND POLYFLUOROALKYL SUBSTANCES REMOVAL TREATMENT INSTAL-
 LATION GRANT PROGRAM. THE DEPARTMENT SHALL PROVIDE A ONE-TIME  GRANT  TO
 PRIVATE  WELL USERS FOR UP TO FIVE THOUSAND DOLLARS FOR THE INSTALLATION
 OF PFAS  TREATMENT,  OR  UP  TO  TEN  THOUSAND  DOLLARS  FOR  A  SERVICE
 CONNECTION TO A PUBLIC WATER SYSTEM.
   3.  ELIGIBILITY.  (A) THE FOLLOWING PERSONS SHALL BE ELIGIBLE TO APPLY
 FOR SUCH GRANT PROGRAM:
   (I) OWNERS OF A SINGLE OR MULTIPLE-UNIT RESIDENTIAL PROPERTY; AND
   (II) TENANTS OR OCCUPANTS OF A RESIDENTIAL PROPERTY WHERE THE OWNER OF
 SUCH PROPERTY HAS NOT APPLIED FOR THE GRANT FOR SUCH PROPERTY.
   (B) INSTALLERS OF SUCH TREATMENTS MAY APPLY FOR SUCH GRANT  ON  BEHALF
 OF  AN  ELIGIBLE APPLICANT, PROVIDED THERE IS A WAIVER OF CLAIMS BETWEEN
 SUCH PARTIES.
   (C) AN APPLICANT SHALL NOT BE ELIGIBLE TO APPLY FOR SUCH GRANT PROGRAM
 IF SUCH APPLICANT HAS AN OFFER OF AN ALTERNATE WATER SOURCE FROM A THIRD
 PARTY, INCLUDING BOTTLED WATER, TREATMENT, OR SERVICE CONNECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11922-03-3
 A. 9260                             2
 
   4. APPLICATION. (A) APPLICANTS SHALL  SUBMIT  AN  APPLICATION  TO  THE
 DEPARTMENT  IN  A  MANNER AND FORM TO BE DETERMINED BY THE COMMISSIONER,
 AND SHALL INCLUDE THE FOLLOWING DOCUMENTATION:
   (I) ANALYTICAL RESULTS FROM A LABORATORY CERTIFIED TO TEST FOR PFAS BY
 THE DEPARTMENT OF HEALTH ENVIRONMENTAL LABORATORY APPROVAL PROGRAM. SUCH
 RESULTS  MUST  SHOW  A  PFAS RESULT GREATER THAN THE MAXIMUM CONTAMINANT
 LEVEL OR OTHER DRINKING WATER CLEANUP  STANDARD  SET  FOR  PFAS  BY  THE
 DEPARTMENT OF HEALTH OR THE UNITED STATES ENVIRONMENTAL PROTECTION AGEN-
 CY;
   (II)  AN  ESTIMATE  FOR  THE COST OF TREATMENT INSTALLATION OR SERVICE
 CONNECTION; AND
   (III)  SPECIFICATION  SHEETS  FOR  TREATMENT  AND  EQUIPMENT   TO   BE
 INSTALLED, IF APPLICABLE AND AVAILABLE.
   (B)  GRANTS  AWARDED PURSUANT TO THIS SECTION SHALL BE USED SOLELY FOR
 THE PURPOSE OF PURCHASING AND INSTALLING PFAS TREATMENT EQUIPMENT.
   (C) THE COMMISSIONER, UPON REVIEW OF AN APPLICANT'S APPLICATION, SHALL
 DETERMINE IF SUCH APPLICANT IS ELIGIBLE FOR A  GRANT  PURSUANT  TO  THIS
 SECTION.
   5.  PUBLIC  AWARENESS.  THE DEPARTMENT SHALL PUBLISH INFORMATION ABOUT
 THE GRANT PROGRAM ON THE DEPARTMENT'S WEBSITE AND CREATE  PUBLIC  EDUCA-
 TION MATERIALS TO PUBLICIZE THE GRANT PROGRAM AND DISTRIBUTE THESE MATE-
 RIALS  TO LOCAL GOVERNMENTS, COMMUNITY ORGANIZATIONS, AND OTHER RELEVANT
 INSTITUTIONS. THE DEPARTMENT SHALL ALSO COMPILE AND DISTRIBUTE A LIST OF
 VENDORS THAT OFFER TREATMENT  TECHNOLOGY  OR  SERVICE  CONNECTION  TO  A
 PUBLIC  WATER  SYSTEM  FOR RESIDENTS OF THIS STATE, PROVIDED THAT SUCH A
 LIST DOES NOT IMPLY AN ENDORSEMENT OF THE VENDORS BY THE DEPARTMENT.
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 37-0125 to read as follows:
 § 37-0125. PERFLUOROALKYL  AND POLYFLUOROALKYL SUBSTANCES REMOVAL TREAT-
              MENT MAINTENANCE REBATE PROGRAM.
   1. DEFINITIONS. FOR PURPOSES  OF  THIS  SECTION,  "PERFLUOROALKYL  AND
 POLYFLUOROALKYL  SUBSTANCES" OR "PFAS" SHALL HAVE THE SAME MEANING AS IN
 SECTION 27-3301 OF THIS CHAPTER.
   2. REBATE PROGRAM. THE DEPARTMENT,  WITHIN  AMOUNTS  FROM  ANY  SOURCE
 APPROPRIATED  OR  OTHERWISE PROVIDED FOR SUCH PURPOSE, SHALL ESTABLISH A
 PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES REMOVAL TREATMENT  MAINTE-
 NANCE  REBATE  PROGRAM.  THE  DEPARTMENT  SHALL PROVIDE A REBATE FOR THE
 MAINTENANCE OF PFAS TREATMENT EQUIPMENT INSTALLED BY PRIVATE WELL USERS.
   3. ELIGIBILITY. THE FOLLOWING PERSONS SHALL BE ELIGIBLE TO  APPLY  FOR
 SUCH REBATE PROGRAM:
   (A)  OWNERS  OF  A  SINGLE OR MULTIPLE-UNIT RESIDENTIAL PROPERTY WHERE
 PFAS TREATMENT IS INSTALLED; AND
   (B) TENANTS OR OCCUPANTS OF A RESIDENTIAL PROPERTY WHERE  PFAS  TREAT-
 MENT IS INSTALLED.
   4.  APPLICATION.  (A)  APPLICANTS  SHALL  SUBMIT AN APPLICATION TO THE
 DEPARTMENT IN A MANNER AND FORM TO BE DETERMINED  BY  THE  COMMISSIONER,
 AND SHALL INCLUDE THE FOLLOWING DOCUMENTATION:
   (I)  SPECIFICATION  SHEETS  FOR  TREATMENT AND EQUIPMENT INSTALLED, IF
 APPLICABLE AND AVAILABLE;
   (II) PHOTO DOCUMENTATION OF  THE  TREATMENT  INSTALLATION  OF  SERVICE
 CONNECTION; AND
   (III) POST-TREATMENT ANALYTICAL RESULTS FROM A LABORATORY CERTIFIED TO
 TEST  FOR  PFAS  BY  THE  DEPARTMENT  OF HEALTH ENVIRONMENTAL LABORATORY
 APPROVAL PROGRAM. SUCH RESULTS MUST SHOW PFAS CONCENTRATIONS  BELOW  THE
 MAXIMUM  CONTAMINANT  LEVEL OR OTHER DRINKING WATER CLEANUP STANDARD SET
 FOR PFAS, IF APPLICABLE.
 A. 9260                             3
 
   (B) THE COMMISSIONER, UPON REVIEW OF AN APPLICANT'S APPLICATION, SHALL
 DETERMINE IF SUCH APPLICANT IS ELIGIBLE FOR A REBATE  PURSUANT  TO  THIS
 SECTION.  THE COMMISSIONER SHALL MAKE THE DETERMINATION AS TO THE AMOUNT
 OF REBATE APPROVED, PROVIDED THAT SUCH AMOUNT SHALL IN NO  EVENT  EXCEED
 ONE THOUSAND FIVE HUNDRED DOLLARS.
   (C)  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS REGARDING
 HOW OFTEN AN APPLICANT MAY SUBMIT AN APPLICATION PURSUANT TO THIS SUBDI-
 VISION.
   5. PUBLIC AWARENESS. THE DEPARTMENT SHALL  PUBLISH  INFORMATION  ABOUT
 THE  REBATE PROGRAM ON THE DEPARTMENT'S WEBSITE AND CREATE PUBLIC EDUCA-
 TION MATERIALS TO PUBLICIZE THE  REBATE  PROGRAM  AND  DISTRIBUTE  THESE
 MATERIALS TO LOCAL GOVERNMENTS, COMMUNITY ORGANIZATIONS, AND OTHER RELE-
 VANT INSTITUTIONS.
   § 3. This act shall take effect immediately.