senate Bill S227A

2023-2024 Legislative Session

Enacts the "PFAS surface water discharge disclosure act"

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 30, 2023 print number 227a
Jan 30, 2023 amend and recommit to environmental conservation
Jan 04, 2023 referred to environmental conservation

S227 - Details

See Assembly Version of this Bill:
A3296
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §17-0833, En Con L
Versions Introduced in 2021-2022 Legislative Session:
S9525

S227 - 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.

S227 - Sponsor Memo

S227 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    227
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed 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 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00616-01-3

Co-Sponsors

S227A (ACTIVE) - Details

See Assembly Version of this Bill:
A3296
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §17-0833, En Con L
Versions Introduced in 2021-2022 Legislative Session:
S9525

S227A (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.

S227A (ACTIVE) - Sponsor Memo

S227A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  227--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed 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
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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