NY State Senate Bill S227B

Current Bill Status - On Floor Calendar

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

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Actions

view actions (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 31, 2023	amended on third reading (t) 227b
Apr 19, 2023	advanced to third reading
Apr 18, 2023	2nd report cal.
Apr 17, 2023	1st report cal.608
Jan 30, 2023	print number 227a
Jan 30, 2023	amend and recommit to environmental conservation
Jan 04, 2023	referred to environmental conservation

Votes

view votes

Apr 17, 2023 - Environmental Conservation committee Vote

S227A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

S227 - Details

See Assembly Version of this Bill:: A3296
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 discharge disclosure act"; requires certain SPDES permit holders to disclose the measurement of PFAS chemicals found in any discharges from outfalls.

S227 - Sponsor Memo

 
BILL NUMBER: S227

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 publicly 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:

2021-2022: S.9525 (May)

 
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.

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

 S. 227                              2
 
   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.
   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.

Co-Sponsors

S227A - Details

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

S227A - 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.

S227A - Sponsor Memo

 
BILL NUMBER: S227A

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 OR GENERAL IDEA OF BILL:

The purpose of this bill is to identify the sources of a class of pollu-
tants known as per- and polyfluoroalkyl substances, PFAS, in the surface
waters of the state through the creation of an annual testing require-
ment for all permitted facilities and industrial users 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 a PFAS surface water discharge disclosure require-
ment for all publicly owned treatment works and state pollutant
discharge elimination system (SPDES) permit holders and applicants. The

bill would also require those discharging industrial waste to a POTW to
test for PFAS in its waste to such treatment works.

The bill references the appropriate testing protocols to be used for
PFAS testing. Additionally, the department would be required to make
publicly available all reported PFAS testing data on their website.

 
JUSTIFICATION:

PFAS (per- and polyfluoroalkyl 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 a testing and reporting protocol
for the discharge of PFAS to our water is critical to the state's under-
standing of their sources and will inform future policymaking regarding
these "forever chemicals". This bill requires testing for the 40 PFAS
chemicals that can currently be detected in discharges using the US
EPA's recommended testing method 1633.

 
PRIOR LEGISLATIVE HISTORY:

2022: S.9525 (MAY) REF TO ENCON

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
Immediately

S227A - 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.

                                                            LBD00616-02-3
 S. 227--A                           2
 
 bill is intended to better align New York state law  with  EPA  guidance
 and  will  ensure  all  facilities currently discharging or proposing to
 discharge into waters in New York disclose and monitor  their  discharge
 for 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. DEFINITIONS. AS USED IN THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A)  "PERFLUOROALKYL  AND POLYFLUOROALKYL SUBSTANCES" OR "PFAS" MEAN A
 CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING  AT  LEAST  ONE  FULLY
 FLUORINATED CARBON ATOM.
   (B)  "SPDES  PERMIT"  MEANS  AN AUTHORIZATION OR LICENSE ISSUED BY THE
 DEPARTMENT AUTHORIZING DISCHARGES TO THE WATERS OF THE STATE.
   (C) "PERMITTEE" MEANS THE HOLDER OF A SPDES PERMIT.
   (D) "OUTFALL" MEANS THE TERMINUS OF A SEWER SYSTEM  OR  THE  POINT  OF
 EMERGENCE OF ANY DISCHARGE OF POLLUTANTS INTO THE WATERS OF THE STATE.
   (E) "DISCHARGE" MEANS THE ADDITION OF ANY POLLUTANT INTO THE WATERS OF
 THE STATE.
   (F)  "INDUSTRIAL  USER" MEANS A NON-DOMESTIC SOURCE INTRODUCING POLLU-
 TANTS INTO A PUBLICLY OWNED  TREATMENT  WORKS  AS  REGULATED  UNDER  THE
 FEDERAL WATER POLLUTION CONTROL ACT.
   2.  THE  DEPARTMENT  SHALL  REQUIRE  ALL  PERMITTEES  TO MONITOR THEIR
 DISCHARGES AT EACH OUTFALL FOR AT LEAST FORTY SUBSTANCES THAT  ARE  PFAS
 QUARTERLY  FOR  ONE  YEAR.  PERMITTEES  SHALL SUBMIT THE RESULTS OF SUCH
 MONITORING QUARTERLY TO THE DEPARTMENT. PERMITTEES  SHALL  SUBMIT  THEIR
 FIRST  MONITORING  RESULTS  WITHIN  NINETY  DAYS OF THE ISSUANCE OF SUCH
 REQUIREMENT BY THE DEPARTMENT.
   3. THE DEPARTMENT SHALL REQUIRE THAT EVERY APPLICATION FOR A NEW SPDES
 PERMIT SHALL INCLUDE A STATEMENT FROM THE APPLICANT  INDICATING  WHETHER
 THE PROPOSED DISCHARGE WILL OR MAY CONTAIN ANY PFAS.
   4.   ALL  NEW  SPDES  PERMITS  SHALL  REQUIRE  PERMITTEES  TO  MONITOR
 DISCHARGES FROM EACH OUTFALL FOR AT LEAST FORTY SUBSTANCES THAT ARE PFAS
 AND SUBMIT THE RESULTS OF SUCH MONITORING  WITHIN  NINETY  DAYS  OF  THE
 COMMENCEMENT OF THE DISCHARGE.
   5.  THE DEPARTMENT SHALL REQUIRE THAT EVERY PERMITTEE SEEKING TO RENEW
 AN EXISTING SPDES PERMIT SHALL, AS PART OF ITS COMPLETE RENEWAL APPLICA-
 TION, MONITOR FOR AT LEAST FORTY SUBSTANCES  THAT  ARE  PFAS  FROM  EACH
 OUTFALL  AND SUBMIT THE RESULTS OF SUCH MONITORING TO THE DEPARTMENT NOT
 LESS THAN ONE HUNDRED EIGHTY DAYS PRIOR TO THE EXPIRATION OF THE  EXIST-
 ING PERMIT.
   6.  THE  DEPARTMENT  SHALL REQUIRE THAT IF A PERMITTEE DETECTS PFAS OF
 ANY AMOUNT IN ITS DISCHARGE FROM ANY OUTFALL, SUCH PERMITTEE SHALL, ON A
 QUARTERLY BASIS, MONITOR ITS DISCHARGE FROM EACH OUTFALL WHERE PFAS  ARE
 DETECTED FOR AT LEAST FORTY SUBSTANCES THAT ARE PFAS FOR THE DURATION OF
 THE SPDES PERMIT, INCLUDING ANY PERIOD AFTER THE EXPIRATION OF THE SPDES
 PERMIT TERM WHEN THE PERMITTEE IS AUTHORIZED TO DISCHARGE. THE PERMITTEE
 SHALL SUBMIT THE RESULTS OF SUCH MONITORING QUARTERLY TO THE DEPARTMENT.
   7.  THE  DEPARTMENT  SHALL  REQUIRE ANY NEW INDUSTRIAL USER SEEKING TO
 INTRODUCE POLLUTANTS INTO ANY PUBLICLY OWNED TREATMENT WORKS TO  MONITOR
 FOR  AT  LEAST  FORTY SUBSTANCES THAT ARE PFAS AND SUBMIT THE RESULTS OF
 SUCH MONITORING TO THE PUBLICLY OWNED TREATMENT WORKS AND THE DEPARTMENT
 PRIOR TO RECEIVING INITIAL  APPROVAL  TO  INTRODUCE  POLLUTANTS  TO  THE
 PUBLICLY OWNED TREATMENT WORKS.
   8.    THE  DEPARTMENT  SHALL REQUIRE EVERY INDUSTRIAL USER INTRODUCING
 POLLUTANTS INTO ANY PUBLICLY OWNED TREATMENT WORKS  TO  MONITOR  FOR  AT
 S. 227--A                           3
 
 LEAST  FORTY SUBSTANCES THAT ARE PFAS QUARTERLY FOR ONE YEAR. INDUSTRIAL
 USERS SHALL SUBMIT THE RESULTS  OF  SUCH  MONITORING  QUARTERLY  TO  THE
 PUBLICLY  OWNED  TREATMENT  WORKS  AND  THE DEPARTMENT. INDUSTRIAL USERS
 SHALL  SUBMIT  THEIR  FIRST MONITORING RESULTS WITHIN NINETY DAYS OF THE
 ISSUANCE OF SUCH REQUIREMENT BY THE DEPARTMENT.
   9. THE DEPARTMENT SHALL REQUIRE THAT IF AN INDUSTRIAL USER INTRODUCING
 POLLUTANTS INTO A PUBLICLY OWNED TREATMENT WORKS  DETECTS  PFAS  OF  ANY
 AMOUNT, SUCH INDUSTRIAL USER SHALL, ON A QUARTERLY BASIS, MONITOR FOR AT
 LEAST  FORTY  SUBSTANCES  THAT  ARE  PFAS AND SUBMIT THE RESULTS OF SUCH
 MONITORING QUARTERLY TO THE  PUBLICLY  OWNED  TREATMENT  WORKS  AND  THE
 DEPARTMENT.
   10. ALL PFAS MONITORING SHALL BE CONDUCTED USING A PFAS TESTING METHOD
 OR  METHODS AUTHORIZED BY THE DEPARTMENT. THE DEPARTMENT SHALL AUTHORIZE
 THE USE OF EPA DRAFT METHOD 1633. THE DEPARTMENT SHALL  AUTHORIZE  ADDI-
 TIONAL  METHODS THAT DETECT MORE PFAS AS THEY BECOME AVAILABLE AND SHALL
 REQUIRE THAT THE METHOD THAT DETECTS THE LARGEST NUMBER OF PFAS SHALL BE
 USED.
   11. THE DEPARTMENT SHALL MAKE PUBLICLY AVAILABLE ON  THE  DEPARTMENT'S
 WEBSITE  ALL  PFAS  MONITORING  RESULTS SUBMITTED TO THE DEPARTMENT. THE
 WEBSITE SHALL BE UPDATED AT LEAST  QUARTERLY  WITH  ALL  NEW  MONITORING
 RESULTS RECEIVED.
   12.  THE  DEPARTMENT SHALL ISSUE REQUIREMENTS FOR COMPLIANCE WITH THIS
 SECTION WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
   § 4. This act shall take effect immediately.

Co-Sponsors

S227B (ACTIVE) - Details

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

S227B (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.

S227B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S227B

SPONSOR: MAY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to identify the sources of a class of pollu-
tants known as per- and polyfluoroalkyl substances, PFAS, in the waters
of the state through the creation of an annual testing requirement for
all permitted facilities and industrial users 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 a PFAS discharge disclosure requirement for all
publicly owned treatment works and state pollutant discharge elimination
system (SPDES) permit holders and applicants, with exceptions. The bill

would also require those discharging industrial waste to a POTW to test
for PFAS in waste to such treatment works.

Exceptions- The bill exempts from testing requirements those SPDES
permits issued with respect to concentrated animal feeding operations,
aquaculture projects, and municipal separate storm sewer systems; also
exempt are SPDES general permits, with exception of multi-sector general
permits for stormwater discharges associated with industrial activity.

The bill references the appropriate testing protocols to be used for
PFAS testing. Specifically, it directs the department to immediately
authorize the use of EPA testing method 1633, while allowing additional
methods as they become available; those additional methods approved by
the department must be those which detect the largest number of PFAS.
Additionally, the department would be required to make publicly avail-
able all reported PFAS testing data on their website.

 
JUSTIFICATION:

PFAS (per- and polyfluoroalkyl 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 a testing and reporting protocol
for the discharge of PFAS to our water is critical to the state's under-
standing of their sources and will inform future policymaking regarding
these "forever chemicals".

 
PRIOR LEGISLATIVE HISTORY:
2022: S.9525 (MAY) REF TO ENCON

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
One year after enactment, with authority to implement necessary regu-
lations immediately.

S227B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  227--B
     Cal. No. 608
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. MAY, COMRIE, HOYLMAN-SIGAL -- read twice and ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental  Conservation  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to  said  committee  --  reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, amended and ordered  reprinted,  retaining
   its place in the order of third reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00616-08-3
 S. 227--B                           2
 
 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
 into  New York's waters, as well as industrial sources discharging waste
 into POTWs, to monitor for and disclose the presence of  PFAS.    Legis-
 lation  is  necessary  to align New York state law with EPA guidance and
 ensure key facilities currently discharging or  proposing  to  discharge
 into waters in New York disclose and monitor their discharges for PFAS.
   §  3.  The  environmental  conservation law is amended by adding a new
 section 17-0833 to read as follows:
 § 17-0833. PFAS DISCHARGE DISCLOSURE REQUIREMENT.
   1. DEFINITIONS. AS USED IN THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A)  "PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES" OR "PFAS" MEANS A
 CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING  AT  LEAST  ONE  FULLY
 FLUORINATED CARBON ATOM.
   (B) "COVERED PERMIT" MEANS ALL SPDES PERMITS EXCEPT SPDES PERMITS:
   (I)  ISSUED  WITH  RESPECT TO DISCHARGES BY LIVESTOCK OR POULTRY OPER-
 ATIONS INCLUDING CONCENTRATED ANIMAL FEEDING OPERATIONS  AND  ALL  OTHER
 CONFINED  ANIMAL  FEEDING  OPERATIONS, AQUATIC ANIMAL PRODUCTION FACILI-
 TIES, AQUACULTURE PROJECTS, AND MUNICIPAL SEPARATE STORM SEWER  SYSTEMS;
 AND
   (II)  GENERAL PERMITS, PROVIDED, HOWEVER, THAT SUCH TERM SHALL INCLUDE
 SPDES MULTI-SECTOR GENERAL PERMITS FOR STORMWATER DISCHARGES  ASSOCIATED
 WITH INDUSTRIAL ACTIVITY.
   (C) "COVERED PERMITTEE" MEANS THE HOLDER OF A COVERED PERMIT.
   (D) "DISCHARGE" MEANS THE ADDITION OF ANY POLLUTANT INTO THE WATERS OF
 THE STATE.
   (E) "INDUSTRIAL SOURCE" MEANS A SOURCE OF INDUSTRIAL WASTEWATER INTO A
 POTW.
   (F)  "INDUSTRIAL  WASTEWATER"  MEANS  A  TYPE  OF  INDUSTRIAL WASTE AS
 DEFINED BY SECTION 17-0105 OF THIS ARTICLE.
   (G) "OUTFALL" MEANS OUTLET AS DEFINED BY SECTION 17-0105 OF THIS ARTI-
 CLE.
   (H) "POTW" MEANS ANY PUBLICLY OWNED OR OPERATED TREATMENT WORKS.
   (I) "PUBLICLY OWNED OR OPERATED" MEANS OWNED OR OPERATED BY THE STATE,
 A MUNICIPALITY, OR OTHER PUBLIC BODY (CREATED BY OR  PURSUANT  TO  STATE
 LAW)  HAVING  JURISDICTION  OVER  DISPOSAL OF SEWAGE, INDUSTRIAL WASTES,
 STORM WATER, OR OTHER WASTES, INCLUDING A SEWER DISTRICT, FLOOD  CONTROL
 DISTRICT  OR DRAINAGE DISTRICT, OR SIMILAR ENTITY, OR AN INDIAN TRIBE OR
 AN AUTHORIZED INDIAN TRIBAL ORGANIZATION, OR A DESIGNATED  AND  APPROVED
 MANAGEMENT AGENCY UNDER SECTION TWO HUNDRED EIGHT OF THE ACT, AS DEFINED
 BY SECTION 17-0801 OF THIS TITLE, THAT DISCHARGES INTO WATERS.
   2.  ALL  COVERED  PERMITTEES  SHALL MONITOR THEIR DISCHARGES FROM EACH
 OUTFALL FOR PFAS QUARTERLY FOR ONE YEAR. COVERED PERMITTEES SHALL SUBMIT
 THE RESULTS OF SUCH MONITORING  QUARTERLY  TO  THE  DEPARTMENT.  COVERED
 PERMITTEES  SHALL  SUBMIT  THEIR  FIRST MONITORING RESULTS WITHIN THIRTY
 DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
   3. THE DEPARTMENT SHALL REQUIRE  THAT  EVERY  APPLICATION  FOR  A  NEW
 COVERED  PERMIT  SHALL INCLUDE A STATEMENT INDICATING WHETHER THE APPLI-
 CANT KNOWS OR HAS REASON TO BELIEVE THAT ANY PFAS  ARE  DISCHARGED  FROM
 EACH OUTFALL.
   4. ALL NEW COVERED PERMITS SHALL REQUIRE COVERED PERMITTEES TO MONITOR
 DISCHARGES  FROM  EACH  OUTFALL  FOR PFAS AND SUBMIT THE RESULTS OF SUCH
 MONITORING WITHIN NINETY DAYS OF THE COMMENCEMENT OF THE DISCHARGE.
 S. 227--B                           3
 
   5. THE DEPARTMENT SHALL REQUIRE THAT EVERY COVERED  PERMITTEE  SEEKING
 TO  RENEW A COVERED PERMIT SHALL, AS PART OF ITS COMPLETE RENEWAL APPLI-
 CATION, MONITOR DISCHARGES FROM EACH OUTFALL FOR  PFAS  AND  SUBMIT  THE
 RESULTS  OF  SUCH MONITORING TO THE DEPARTMENT NOT LESS THAN ONE HUNDRED
 EIGHTY  DAYS  PRIOR  TO  THE  EXPIRATION OF THE EXISTING PERMIT. COVERED
 PERMITTEES SEEKING TO RENEW A COVERED PERMIT  WITHIN  ONE  YEAR  OF  THE
 EFFECTIVE  DATE  OF THIS SECTION MAY USE MONITORING CONDUCTED IN COMPLI-
 ANCE WITH SUBDIVISION TWO OF THIS SECTION TO COMPLY  WITH  THE  REQUIRE-
 MENTS OF THIS SUBDIVISION.
   6.  IF A COVERED PERMITTEE DETECTS PFAS OF ANY AMOUNT IN ITS DISCHARGE
 FROM ANY OUTFALL, SUCH COVERED PERMITTEE SHALL CONTINUE TO MONITOR  PFAS
 FROM  SUCH OUTFALL ON A QUARTERLY BASIS, FOR THE DURATION OF THE COVERED
 PERMIT, INCLUDING ANY PERIOD AFTER THE EXPIRATION OF THE COVERED  PERMIT
 TERM  WHEN THE COVERED PERMITTEE IS AUTHORIZED TO DISCHARGE. THE COVERED
 PERMITTEE SHALL SUBMIT THE RESULTS OF SUCH MONITORING QUARTERLY  TO  THE
 DEPARTMENT.    THE DEPARTMENT MAY REDUCE REQUIRED MONITORING TO ANNUALLY
 FOR ANY COVERED PERMITTEE WHO DETECTS PFAS WITHIN THE  INITIAL  YEAR  OF
 TESTING  BUT  SUBSEQUENTLY  SUBMITS AT LEAST TWO CONSECUTIVE QUARTERS OF
 TEST RESULTS WITH ALL ANALYZED PFAS AT NON-DETECT.
   7. THE DEPARTMENT SHALL REQUIRE ANY NEW INDUSTRIAL SOURCE  SEEKING  TO
 INTRODUCE  POLLUTANTS  INTO  ANY POTW TO MONITOR FOR PFAS AND SUBMIT THE
 RESULTS OF SUCH MONITORING TO THE  POTW  AND  THE  DEPARTMENT  PRIOR  TO
 RECEIVING INITIAL APPROVAL TO INTRODUCE POLLUTANTS TO THE POTW.
   8.  EVERY INDUSTRIAL SOURCE INTRODUCING POLLUTANTS INTO ANY POTW SHALL
 MONITOR FOR PFAS QUARTERLY FOR ONE YEAR. INDUSTRIAL SOURCES SHALL SUBMIT
 THE RESULTS OF SUCH MONITORING QUARTERLY TO THE POTW AND THE DEPARTMENT.
 INDUSTRIAL SOURCES SHALL SUBMIT THEIR FIRST  MONITORING  RESULTS  WITHIN
 THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
   9.  IF AN INDUSTRIAL SOURCE INTRODUCING POLLUTANTS INTO A POTW DETECTS
 PFAS OF ANY AMOUNT, SUCH INDUSTRIAL SOURCE SHALL, ON A QUARTERLY  BASIS,
 MONITOR  FOR PFAS AND SUBMIT THE RESULTS OF SUCH MONITORING QUARTERLY TO
 THE POTW AND THE DEPARTMENT.  THE DEPARTMENT MAY REDUCE  REQUIRED  MONI-
 TORING TO ANNUALLY FOR ANY INDUSTRIAL SOURCE WHO DETECTS PFAS WITHIN THE
 INITIAL  YEAR  OF  TESTING BUT SUBSEQUENTLY SUBMITS AT LEAST TWO CONSEC-
 UTIVE QUARTERS OF TEST RESULTS WITH ALL ANALYZED PFAS AT NON-DETECT.
   10. ALL PFAS MONITORING SHALL BE CONDUCTED USING A PFAS TESTING METHOD
 OR METHODS AUTHORIZED BY THE DEPARTMENT. THE DEPARTMENT SHALL IMMEDIATE-
 LY AUTHORIZE THE USE OF EPA METHOD 1633. THE DEPARTMENT SHALL  AUTHORIZE
 ADDITIONAL  METHODS  THAT  DETECT MORE PFAS AS THEY BECOME AVAILABLE AND
 SHALL REQUIRE THAT THE METHOD THAT DETECTS THE LARGEST  NUMBER  OF  PFAS
 SHALL BE USED.
   11.  THE  DEPARTMENT SHALL MAKE PUBLICLY AVAILABLE ON THE DEPARTMENT'S
 WEBSITE ALL PFAS MONITORING RESULTS SUBMITTED  TO  THE  DEPARTMENT.  THE
 WEBSITE  SHALL  BE  UPDATED  AT  LEAST QUARTERLY WITH ALL NEW MONITORING
 RESULTS RECEIVED.
   § 4. This act shall take effect one year 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 to be made and completed on or before such
 effective date.

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The New York State Senate

senate Bill S227B

Sponsored By

Current Bill Status - On Floor Calendar

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Actions

Votes

Apr 17, 2023 - Environmental Conservation committee Vote

Committee Vote: Apr 17, 2023

Bill Amendments

S227 - Details

S227 - Summary

S227 - Sponsor Memo

S227 - Bill Text download pdf

Co-Sponsors

S227A - Details

S227A - Summary

S227A - Sponsor Memo

S227A - Bill Text download pdf

Co-Sponsors

S227B (ACTIVE) - Details

S227B (ACTIVE) - Summary

S227B (ACTIVE) - Sponsor Memo

S227B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S227B

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Sponsored By

Rachel May

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Apr 17, 2023 - Environmental Conservation committee Vote

Committee Vote: Apr 17, 2023

Bill Amendments

S227 - Details

S227 - Summary

S227 - Sponsor Memo

S227 - Bill Text download pdf

Co-Sponsors

Leroy Comrie

Brad Hoylman-Sigal

S227A - Details

S227A - Summary

S227A - Sponsor Memo

S227A - Bill Text download pdf

Co-Sponsors

Leroy Comrie

Brad Hoylman-Sigal

S227B (ACTIVE) - Details

S227B (ACTIVE) - Summary

S227B (ACTIVE) - Sponsor Memo

S227B (ACTIVE) - Bill Text download pdf

Comments