S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6192
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2025
                                ___________
 
 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 the
   management of PFAS in biosolids and establishing the  New  York  state
   biosolids task force; to amend the agriculture and markets law and the
   state  finance  law, in relation to establishing the PFAS agricultural
   response program and the agricultural PFAS response fund; and  provid-
   ing for the repeal of certain provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 8 to read as follows:
                                  TITLE 8
                      MANAGEMENT OF PFAS IN BIOSOLIDS
 SECTION 27-0801. DEFINITIONS.
         27-0803. MORATORIUM ON LAND APPLICATION OF BIOSOLIDS.
         27-0805. TESTING AND REPORTING.
 § 27-0801. DEFINITIONS.
   AS USED IN THIS TITLE:
   1. "BIOSOLIDS" MEANS THE ACCUMULATED SEMI-SOLIDS OR  SOLIDS  RESULTING
 FROM  TREATMENT OF WASTEWATERS FROM PUBLICLY OR PRIVATELY OWNED OR OPER-
 ATED SEWAGE TREATMENT PLANTS.
   2. "ENTERPRISE BUDGET" MEANS AN ESTIMATION OF THE PLANNING  AND  ESTI-
 MATION OF REVENUE, COSTS, AND PROFITS FOR A FARM.
   3.  "MONITORING" MEANS SAMPLING OF BIOSOLIDS FROM WASTEWATER TREATMENT
 FACILITIES, SOIL SAMPLES AND/OR GROUNDWATER  SAMPLES  FROM  AGRICULTURAL
 LAND TO DETERMINE THE CONCENTRATION OF PFAS PRESENT.
   4.  "PERFLUOROALKYL  AND POLYFLUOROALKYL SUBSTANCES" OR "PFAS" MEANS A
 CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING  AT  LEAST  ONE  FULLY
 FLUORINATED CARBON ATOM.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10313-02-5
 A. 6192                             2
              

 
   5.  "PREVIOUS  PERMIT  HOLDER"  MEANS A PERMIT HOLDER WHO HAS A PERMIT
 THAT HAS EXPIRED WITHIN THE FIVE YEARS PREVIOUS TO THE EFFECTIVE DATE OF
 THIS ARTICLE.
   6.  "WASTEWATER  TREATMENT  FACILITY"  MEANS  ANY FACILITY THAT TREATS
 WASTEWATER, INCLUDING BUT NOT  LIMITED  TO  MUNICIPAL  SEWAGE  TREATMENT
 PLANTS,  INDUSTRIAL  WASTEWATER  TREATMENT PLANTS, AND SEPTAGE TREATMENT
 FACILITIES.
 § 27-0803. MORATORIUM ON LAND APPLICATION OF BIOSOLIDS.
   1. FOR THE PERIOD COMMENCING ON THE EFFECTIVE DATE OF THIS ARTICLE AND
 ENDING FIVE YEARS AFTER SUCH DATE, A MORATORIUM SHALL BE ESTABLISHED  ON
 THE  LAND  APPLICATION  OF  BIOSOLIDS  WHICH SHALL APPLY TO ALL EXISTING
 PERMITS, RENEWALS AND NEW APPLICATIONS.
   2. THE DEPARTMENT SHALL PROMULGATE RULES  AND  REGULATIONS  WHICH  ADD
 PERFLUOROALKYL  AND POLYFLUOROALKYL SUBSTANCES AS A PARAMETER OF CONCERN
 FOR ANALYSIS WITHIN NYCRR PARTS 361-2.4 (SOIL) AND  361-3.9  (BIOSOLIDS)
 FOR BOTH SOIL AND BIOSOLID TESTING.
   3.  THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS TO ESTABLISH
 REGULATORY THRESHOLD LEVELS FOR ALL INDIVIDUAL PFAS CHEMICALS FOR  WHICH
 METHODS  ARE  AVAILABLE WHICH CALL FOR REMEDIATING PFAS CONTAMINATION IN
 BOTH GROUNDWATER AND SOILS, TAKING INTO ACCOUNT  THE  LATEST  STANDARDS,
 AND  ENSURING  THE  CURRENT  STANDARDS ARE MAXIMALLY PROTECTIVE OF HUMAN
 HEALTH AND WILDLIFE. FINAL REGULATIONS SHALL NOT BE LESS PROTECTIVE THAN
 THOSE PRESCRIBED IN SUBDIVISION FOUR OF THIS SECTION.
   4. UNTIL REGULATIONS ARE PROMULGATED PURSUANT TO THIS SECTION, THRESH-
 OLD LEVELS OF PFAS CONTAMINATION WITHIN GROUNDWATER AND SOILS THAT TRIG-
 GER INCLUSION IN THE  PFAS  AGRICULTURAL  RESPONSE  PROGRAM  ESTABLISHED
 PURSUANT  TO  ARTICLE ELEVEN OF THE AGRICULTURE AND MARKETS LAW SHALL BE
 AS FOLLOWS:
   (A) WITHIN GROUNDWATER CURRENT NEW YORK STATE OR UNITED  STATES  ENVI-
 RONMENTAL  PROTECTION AGENCY STANDARDS FOR DRINKING WATER, WHICHEVER ARE
 MORE PROTECTIVE TO HUMAN HEALTH;
   (B) WITHIN SOIL, THRESHOLD LEVELS FOR  PERFLUOROOCTANOIC  ACID  (PFOA)
 SHALL  BE 0.00066 PARTS PER MILLION (PPM) AND FOR PERFLUOROOCTANE SULFO-
 NATE (PFOS) SHALL BE 0.00088 PARTS PER MILLION (PPM).
 § 27-0805. TESTING AND REPORTING.
   1. (A) THE DEPARTMENT SHALL REQUIRE ALL EXISTING  PERMIT  HOLDERS  AND
 PREVIOUS  PERMIT  HOLDERS TO CONDUCT TESTING OF: (I) GROUNDWATER BENEATH
 AND DIRECTLY DOWNSTREAM OF LANDS WHERE BIOSOLIDS HAVE BEEN APPLIED; (II)
 BIOSOLIDS IN THE PERMIT HOLDER'S POSSESSION; AND  (III)  SOIL  ON  LANDS
 WHERE BIOSOLIDS HAVE BEEN APPLIED.
   (B)  SUCH  TESTING SHALL BE: (I) FOR SOIL AND BIOSOLIDS, QUARTERLY FOR
 ONE YEAR; AND (II) FOR GROUNDWATER, QUARTERLY FOR THREE YEARS.
   (C) PERMIT HOLDERS SHALL SUBMIT THE RESULTS OF SUCH MONITORING TO  THE
 DEPARTMENT  QUARTERLY;  PROVIDED,  HOWEVER,  THAT  PERMIT  HOLDERS SHALL
 SUBMIT THEIR FIRST MONITORING RESULTS WITHIN SIX MONTHS FROM THE  EFFEC-
 TIVE DATE OF THIS ARTICLE.
   (D)  THE DEPARTMENT SHALL DEVELOP REGULATIONS, WHEREVER REGULATIONS DO
 NOT ALREADY EXIST, AND IS AUTHORIZED TO AMEND  OR  REPEAL  ANY  EXISTING
 REGULATIONS RELATING TO TESTING PURSUANT TO THIS SECTION.
   2.  THE  DEPARTMENT SHALL REVIEW ALL BIOSOLID LAND APPLICATION PERMITS
 ISSUED IN THE PAST THIRTY YEARS. IF  PREVIOUSLY  PERMITTED  LAND  IS  NO
 LONGER  COVERED  BY  AN  ACTIVE  PERMIT, THE DEPARTMENT SHALL NOTIFY THE
 CURRENT LANDOWNER OF THE POTENTIAL FOR PFAS CONTAMINATION AND  OFFER  TO
 TEST  THE  LAND  AND  GROUNDWATER  FOR PFAS CHEMICALS FOLLOWING THE SAME
 TESTING REGIMEN THAT APPLIES TO CURRENT PERMIT HOLDERS.
 A. 6192                             3
 
   3. THE DEPARTMENT SHALL REQUIRE ALL WASTEWATER TREATMENT FACILITIES TO
 TEST BIOSOLIDS FOR PFAS CHEMICALS QUARTERLY FOR ONE YEAR AND REPORT  THE
 RESULTS TO THE DEPARTMENT.
   4.  TESTING AND EVALUATION OF PERMITTED SITES SHALL BE CONDUCTED USING
 A PFAS TESTING METHOD OR  METHODS  AUTHORIZED  BY  THE  DEPARTMENT.  THE
 DEPARTMENT  SHALL  IMMEDIATELY AUTHORIZE EPA METHOD 1633A AS AN APPROVED
 TESTING METHOD. THE DEPARTMENT SHALL AUTHORIZE ADDITIONAL  METHODS  THAT
 DETECT MORE PFAS AS SUCH METHODS BECOME AVAILABLE AND SHALL REQUIRE THAT
 THE  METHOD  THAT  DETECTS THE LARGEST NUMBER OF PFAS (AT EQUAL OR LOWER
 DETECTION LIMITS THAN EPA METHOD 1633A) SHALL BE USED.
   5. THE DEPARTMENT SHALL ESTABLISH AND MAINTAIN A  PUBLICLY  ACCESSIBLE
 DATABASE  OF DISAGGREGATED SOIL, BIOSOLID (DIFFERENTIATING BIOSOLID DATA
 SOURCED FROM WASTEWATER TREATMENT FACILITY AND FROM PERMIT HOLDERS), AND
 GROUNDWATER TESTING RESULTS WITHIN SIX MONTHS OF THE EFFECTIVE  DATE  OF
 THIS  ARTICLE. SUCH DATABASE SHALL USE BEST PRACTICES STANDARDS FOR DATA
 COLLECTION AND DISSEMINATION, INCLUDING STANDARDIZATION AND CLEANING  OF
 DATA,  AND SHALL MAKE SUCH DATA AVAILABLE TO THE PUBLIC IN COMMONLY USED
 DATA FORMATS, WHICH SHALL, WHERE APPROPRIATE, BE AGGREGATED  BY  DEPART-
 MENT  OF  ENVIRONMENTAL  CONSERVATION  REGION,  IN A FORM WHICH EXCLUDES
 SPECIFIC ADDRESSES, LOCATIONS, OR OTHER PERSONALLY IDENTIFYING  INFORMA-
 TION.
   §  2. The agriculture and markets law is amended by adding a new arti-
 cle 11-C to read as follows:
                               ARTICLE 11-C
             SOIL HEALTH AND PFAS AGRICULTURE RESPONSE PROGRAM
 § 151-P. PFAS AGRICULTURAL RESPONSE PROGRAM.
   § 151-P. PFAS AGRICULTURAL RESPONSE PROGRAM. 1. WITHIN ONE YEAR OF THE
 EFFECTIVE DATE OF THIS ARTICLE, THE DEPARTMENT, IN CONSULTATION WITH THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION, SHALL ESTABLISH A  PFAS  AGRI-
 CULTURAL  RESPONSE  PROGRAM TO ASSIST FARMS FOUND TO HAVE LEVELS OF PFAS
 CONTAMINATION WHICH EXCEED REGULATORY STANDARDS ESTABLISHED PURSUANT  TO
 TITLE  EIGHT  OF  ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION
 LAW.
   2. THE PROGRAM SHALL, AT A MINIMUM:
   (A) PROVIDE GRANTS, USING MONIES FROM THE AGRICULTURAL  PFAS  RESPONSE
 FUND  ESTABLISHED PURSUANT TO SECTION NINETY-FIVE-L OF THE STATE FINANCE
 LAW, TO LANDOWNERS WITH LAND FOUND TO BE CONTAMINATED BY  PFAS  FOR  THE
 PURPOSE  OF  SHORT-TERM INCOME SUPPLEMENTATION OR REPLACEMENT, INCLUDING
 BUT NOT LIMITED TO, REIMBURSING FARMS FOR THE VALUE OF CROPS LOST  AS  A
 RESULT OF PFAS CONTAMINATION;
   (B)  ASSIST  LANDOWNERS  WITH  PLANNING  AND DEVELOPMENT OF ENTERPRISE
 BUDGETS TO ADDRESS LAND OR GROUNDWATER FOUND TO BE CONTAMINATED BY PFAS.
 SUCH ENTERPRISE BUDGETS MAY INCLUDE, BUT NEED NOT BE LIMITED  TO,  COSTS
 ASSOCIATED WITH THE IMPLEMENTATION OF:
   (I) ALTERNATIVE CROPPING SYSTEMS;
   (II) REMEDIATION STRATEGIES;
   (III) TECHNOLOGICAL ADAPTATIONS;
   (IV)  TRANSITIONING  TO ALTERNATIVE REVENUE STREAMS, INCLUDING BUT NOT
 LIMITED TO TRANSITIONING TO ALTERNATIVE LAND USE SYSTEMS; AND
   (V) LOCATING ALTERNATIVE VIABLE FARMLAND;
   (C) INVEST IN TRANSITIONAL EQUIPMENT,  FACILITIES  AND  INFRASTRUCTURE
 TO: (I) SUPPORT A TRANSITION TO AN ALTERNATIVE CROPPING SYSTEM; AND (II)
 IMPLEMENT  REMEDIATION  STRATEGIES,  TECHNOLOGICAL ADAPTATIONS, OR OTHER
 MODIFICATIONS TO THE DEPARTMENT'S OPERATIONS IN RESPONSE TO PFAS CONTAM-
 INATION;
 A. 6192                             4
 
   (D) DEVELOP BEST PRACTICES TO  MITIGATE  FURTHER  PFAS  CONTAMINATION,
 INCLUDING BUT NOT LIMITED TO, ALTERNATIVE CROPPING SYSTEMS; AND
   (E)  PROVIDE  FUNDING  TO  SUPPORT  FURTHER  MONITORING AND TESTING TO
 DETERMINE AND MONITOR LEVELS OF CONTAMINATION. SUCH TESTING MAY INCLUDE,
 BUT NEED NOT BE LIMITED TO, TESTING OF AGRICULTURAL PRODUCTS, ADDITIONAL
 FARM FIELDS' SOILS, WATER SOURCES, LIVESTOCK, SOIL  AND  GROUNDWATER  OF
 NEARBY  PROPERTIES,  AND  FEED.  DURING THE FIVE-YEAR MORATORIUM ON LAND
 APPLICATION OF BIOSOLIDS PURSUANT TO SECTION  27-0803  OF  THE  ENVIRON-
 MENTAL  CONSERVATION  LAW,  THE  DEPARTMENT SHALL PROVIDE NOTICE OF SUCH
 MONITORING AND TESTING TO THE PUBLIC,  INCLUDING  TO  ADJACENT  IMPACTED
 COMMUNITIES, THROUGH PUBLIC OUTREACH TO COMMUNITY MEMBERS AND BY POSTING
 INFORMATION ON THE DEPARTMENT'S WEBSITE.
   3. FOR THE PURPOSES OF THIS SECTION:
   (A)  "BIOSOLIDS" MEANS THE ACCUMULATED SEMI-SOLIDS OR SOLIDS RESULTING
 FROM TREATMENT OF WASTEWATERS FROM PUBLICLY OR PRIVATELY OWNED OR  OPER-
 ATED SEWAGE TREATMENT PLANTS.
   (B)  "ENTERPRISE BUDGET" MEANS AN ESTIMATION OF THE PLANNING AND ESTI-
 MATION OF REVENUE, COSTS, AND PROFITS FOR A FARM.
   (C) "MONITORING" MEANS SAMPLING OF BIOSOLIDS FROM SOIL SAMPLES  AND/OR
 GROUNDWATER  SAMPLES  FROM  AGRICULTURAL  LAND  TO DETERMINE THE CONCEN-
 TRATION OF PFAS PRESENT.
   (D) "PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES" OR "PFAS" MEANS  A
 CLASS  OF  FLUORINATED  ORGANIC  CHEMICALS CONTAINING AT LEAST ONE FULLY
 FLUORINATED CARBON ATOM.
   § 3. The state finance law is amended by adding a new section 95-l  to
 read as follows:
   §  95-L.  AGRICULTURAL  PFAS  RESPONSE FUND. 1. THERE IS HEREBY ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE  COMMISSIONER  OF
 TAXATION  AND  FINANCE  A  SPECIAL FUND TO BE KNOWN AS THE "AGRICULTURAL
 PFAS RESPONSE FUND".
   2. SUCH FUND SHALL CONSIST OF MONIES APPROPRIATED, CREDITED, OR TRANS-
 FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   3. ALL MONIES DEPOSITED IN THE AGRICULTURAL PFAS RESPONSE  FUND  SHALL
 BE  AVAILABLE FOR THE PURPOSES OF THE PFAS AGRICULTURAL RESPONSE PROGRAM
 PURSUANT TO ARTICLE ELEVEN-C OF THE AGRICULTURE AND MARKETS LAW.
   4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
 OF THE DEPARTMENT OF AGRICULTURE AND MARKETS.
   § 4. Article 27 of the environmental conservation law  is  amended  by
 adding a new title 6 to read as follows:
                                  TITLE 6
                    NEW YORK STATE BIOSOLIDS TASK FORCE
 SECTION 27-0601. NEW YORK STATE BIOSOLIDS TASK FORCE.
         27-0603. DEFINITIONS.
         27-0605. TASK FORCE COMPOSITION.
         27-0607. POWERS AND DUTIES.
 § 27-0601. NEW YORK STATE BIOSOLIDS TASK FORCE.
   THERE  IS  HEREBY ESTABLISHED WITHIN THE DEPARTMENT THE NEW YORK STATE
 BIOSOLIDS TASK FORCE TO EVALUATE THE RISKS AND BENEFITS OF VARIOUS METH-
 ODS OF BIOSOLIDS DISPOSAL WITHIN THE STATE WITH  RESPECT  TO  THE  RISKS
 POSED  BY  PFAS CHEMICALS AND TO INVESTIGATE A PATH FORWARD FOR NEW YORK
 STATE BIOSOLID DISPOSAL  THAT  IS  MAXIMALLY  PROTECTIVE  OF  HUMAN  AND
 ECOSYSTEM HEALTH.
 § 27-0603. DEFINITIONS.
   AS USED IN THIS TITLE:
 A. 6192                             5
 
   1.  "BIOSOLIDS"  MEANS THE ACCUMULATED SEMI-SOLIDS OR SOLIDS RESULTING
 FROM TREATMENT OF WASTEWATERS FROM PUBLICLY OR PRIVATELY OWNED OR  OPER-
 ATED SEWAGE TREATMENT PLANTS.
   2.  "ENTERPRISE  BUDGET" MEANS AN ESTIMATION OF THE PLANNING AND ESTI-
 MATION OF REVENUE, COSTS, AND PROFITS FOR A FARM.
   3. "MONITORING" MEANS SAMPLING OF BIOSOLIDS FROM WASTEWATER  TREATMENT
 FACILITIES,  SOIL  SAMPLES  AND/OR GROUNDWATER SAMPLES FROM AGRICULTURAL
 LAND TO DETERMINE THE CONCENTRATION OF PFAS PRESENT.
   4. "PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES" OR "PFAS"  MEANS  A
 CLASS  OF  FLUORINATED  ORGANIC  CHEMICALS CONTAINING AT LEAST ONE FULLY
 FLUORINATED CARBON ATOM.
   5. "PREVIOUS PERMIT HOLDER" MEANS A PERMIT HOLDER  WHO  HAS  A  PERMIT
 THAT HAS EXPIRED WITHIN THE FIVE YEARS PREVIOUS TO THE EFFECTIVE DATE OF
 THIS ARTICLE.
   6.  "WASTEWATER  TREATMENT  FACILITY"  MEANS  ANY FACILITY THAT TREATS
 WASTEWATER, INCLUDING BUT NOT  LIMITED  TO  MUNICIPAL  SEWAGE  TREATMENT
 PLANTS,  INDUSTRIAL  WASTEWATER  TREATMENT PLANTS, AND SEPTAGE TREATMENT
 FACILITIES.
 § 27-0605. TASK FORCE COMPOSITION.
   1. THE TASK FORCE SHALL BE COMPOSED OF THIRTEEN MEMBERS AS FOLLOWS:
   (A) THE COMMISSIONER, OR THE COMMISSIONER'S DESIGNEE, WHO SHALL BE THE
 CHAIR OF THE TASK FORCE;
   (B) ONE MEMBER FROM THE DEPARTMENT;
   (C) ONE MEMBER FROM THE DEPARTMENT OF HEALTH;
   (D) ONE MEMBER FROM THE DEPARTMENT OF AGRICULTURE AND MARKETS;
   (E) THREE MEMBERS APPOINTED BY THE GOVERNOR AS FOLLOWS:
   (I) ONE OF WHOM SHALL REPRESENT WASTEWATER TREATMENT UTILITIES;
   (II) ONE OF WHOM SHALL HAVE A BACKGROUND OR EXPERTISE IN  SOLID  WASTE
 AND ORGANICS RECYCLING; AND
   (III)  ONE  OF  WHOM  SHALL HAVE A BACKGROUND OR EXPERTISE IN SOIL AND
 CROP HEALTH AND TOXIC CONTAMINATION;
   (F) TWO MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT  OF  THE  SENATE,
 ONE  OF  WHOM  SHALL REPRESENT THE PUBLIC AND SHALL HAVE A BACKGROUND OR
 EXPERTISE IN  PFAS  CONTAMINATION  AND/OR  TOXICOLOGY  AND  HEALTH  RISK
 ASSESSMENT;
   (G)  TWO MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE OF WHOM
 SHALL REPRESENT THE PUBLIC AND SHALL HAVE A BACKGROUND OR  EXPERTISE  IN
 PFAS CONTAMINATION AND/OR TOXICOLOGY AND HEALTH RISK ASSESSMENT;
   (H) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND
   (I) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
   2.  THE  MEMBERS  OF  THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR
 THEIR SERVICES BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY  EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS TITLE.
   3. THE TASK FORCE SHALL MEET AT SUCH TIMES AND PLACES AS MAY BE DETER-
 MINED BY ITS CHAIR; PROVIDED, HOWEVER, THAT THE TASK FORCE SHALL MEET AT
 A MINIMUM OF SIX TIMES PER YEAR.
   4.  A  MAJORITY  OF  THE  MEMBERS OF THE TASK FORCE SHALL CONSTITUTE A
 QUORUM FOR THE TRANSACTION OF BUSINESS. ACTION MAY BE TAKEN, AND MOTIONS
 AND RESOLUTIONS ADOPTED, AT ANY MEETING BY THE  AFFIRMATIVE  VOTE  OF  A
 MAJORITY OF THE FULL MEMBERSHIP OF THE TASK FORCE.
 § 27-0607. POWERS AND DUTIES.
   1. THE TASK FORCE SHALL:
   (A) REVIEW THE DRAFT "SEWAGE SLUDGE RISK ASSESSMENT FOR PERFLUOROOCTA-
 NOIC ACID (PFOA) CASRN 335-67-1 AND PERFLUOROOCTANE SULFONIC ACID (PFOS)
 CASRN  1763-23-1",  DATED  JANUARY TWO THOUSAND TWENTY-FIVE, AND MONITOR
 A. 6192                             6
 
 COMMENTS PROVIDED TO THE UNITED STATES ENVIRONMENTAL  PROTECTION  AGENCY
 AND ANY REVISIONS TO THE RISK ANALYSIS;
   (B)  ANALYZE  THE PATHWAYS OF HUMAN EXPOSURE TO PFAS AND HOW BIOSOLIDS
 APPLIED TO LAND CONTRIBUTE TO SUCH EXPOSURE;
   (C) SUPPORT THE DEPARTMENT IN ANY REGULATORY PROCESSES RELATED TO PFAS
 IN BIOSOLIDS, PRIORITIZING EFFICIENT PROCESSES  AND  APPLYING  THE  BEST
 AVAILABLE SCIENCE;
   (D)  EVALUATE  MITIGATION  STRATEGIES  TO  REDUCE  THE  RISK OF HUMAN,
 ECOSYSTEM, AND WILDLIFE EXPOSURE FROM LAND APPLICATION OF BIOSOLIDS;
   (E) REVIEW AND SUMMARIZE, INCLUDING BUT NOT LIMITED TO THE ACTIONS  OF
 OTHER  STATES  AND REGIONAL AND FEDERAL AGENCIES TO UNDERSTAND THE RISKS
 AND CONSEQUENCES OF SUCH ACTIONS, THE USE AND EFFECTS OF PFAS AND BIOSO-
 LIDS, INCLUDING, BUT NOT LIMITED TO:
   (I) CONTINUED LAND APPLICATION;
   (II) ALLOWANCES FOR AND USE OF BIOSOLID DERIVED FERTILIZER PRODUCTS;
   (III) LAND APPLICATION BANS;
   (IV) LANDFILLING;
   (V) INCINERATION; AND
   (VI) MITIGATION OF PFAS THROUGH INDUSTRIAL PRETREATMENT  PROGRAMS  AND
 SOURCE IDENTIFICATION;
   (F)  WORK  WITH  THE  DEPARTMENT TO SUMMARIZE CURRENT DATA AND PROVIDE
 RECOMMENDATIONS, INCLUDING RECOMMENDATIONS FOR WHERE MORE  DATA  MAY  BE
 REQUIRED;
   (G)  REVIEW  EXISTING  STANDARDS  FOR  PFAS CONTAMINATION WITHIN SOIL,
 WATER, AIR, AND BIOSOLIDS, BOTH IN NEW YORK AND AT THE FEDERAL LEVEL;
   (H) REVIEW POSSIBLE PFAS REMEDIATION STRATEGIES FOR PFAS CONTAMINATION
 WITHIN SOIL, WATER, AIR, AND BIOSOLIDS;
   (I) REVIEW AND SUMMARIZE  THE  REMAINING  CAPACITY  OF  LANDFILLS  AND
 INCINERATION  FACILITIES TO ACCEPT BIOSOLIDS. SUCH REVIEW SHALL CONSIDER
 THE IMPACT ACROSS THE DIFFERENT REGIONS WITHIN THE  STATE  AND  ENVIRON-
 MENTAL  JUSTICE  AREAS, INCLUDING THE IMPACT OF PFAS-RICH LANDFILL LEAC-
 HATE DISPOSAL VIA WASTEWATER TREATMENT PLANTS;
   (J) REVIEW AND EVALUATE ALTERNATIVE METHODS OF AND EMERGENT  TECHNOLO-
 GIES FOR MANAGING CONTAMINATED BIOSOLIDS;
   (K)  REVIEW  AND  EVALUATE PFAS DESTROYING TECHNOLOGIES, INCLUDING THE
 RISKS TO HUMAN AND  ENVIRONMENTAL  HEALTH,  AND  THE  CURRENT  STATE  OF
 DEPLOYMENT AND BARRIERS TO THE DEPLOYMENT OF SUCH TECHNOLOGIES;
   (L)  DETERMINE FINANCIAL, ENVIRONMENTAL, AND HEALTH IMPACTS OF DIFFER-
 ENT PATHWAYS FOR MANAGING BIOSOLIDS;
   (M) EVALUATE THE RISKS, IMPLICATIONS,  AND  LEVELS  OF  PFAS  IN  FOOD
 PRODUCTS  GROWN  ON  LAND WHERE BIOSOLIDS HAVE BEEN APPLIED OR LIVESTOCK
 FED CROPS GROWN ON LAND WHERE BIOSOLIDS HAVE BEEN APPLIED;
   (N) WHERE POSSIBLE, WORK WITH OTHER REGIONAL AUTHORITIES TO UNDERSTAND
 THEIR INTENT OF BIOSOLIDS MANAGEMENT IN THEIR JURISDICTIONS TO DETERMINE
 IMPACTS OF THE LIMITATIONS OF BIOSOLIDS DISPOSAL AND END USES;
   (O) CONDUCT A MINIMUM OF TWO PUBLIC HEARINGS FOR INPUT ANNUALLY;
   (P) ISSUE AN INTERIM PROGRESS REPORT AT THE END OF THE FIRST YEAR. THE
 INTERIM REPORT SHALL BE DELIVERED TO THE DEPARTMENT AND THE  LEGISLATURE
 AND BE POSTED PUBLICLY ON THE DEPARTMENT'S WEBSITE; AND
   (Q)  ISSUE  A  FINAL  REPORT  AT THE END OF THE SECOND YEAR. THE FINAL
 REPORT SHALL BE DELIVERED TO THE DEPARTMENT AND THE LEGISLATURE  AND  BE
 POSTED PUBLICLY ON THE DEPARTMENT'S WEBSITE.
   2. THE TASK FORCE SHALL HAVE THE POWER TO:
   (A) CONTRACT FOR PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE;
   (B) CONDUCT SCIENTIFIC AND ENVIRONMENTAL STUDIES.
 A. 6192                             7
 
   3.  THE DEPARTMENT, THE DEPARTMENT OF AGRICULTURE AND MARKETS, AND THE
 DEPARTMENT OF HEALTH SHALL PROVIDE THE TASK FORCE WITH SUCH  FACILITIES,
 ASSISTANCE  AND  DATA  AS  WILL  ENABLE  THE TASK FORCE TO CARRY OUT ITS
 POWERS AND DUTIES. ADDITIONALLY, ALL OTHER  AGENCIES  OF  THE  STATE  OR
 SUBDIVISIONS  THEREOF  SHALL,  AT  THE REQUEST OF THE CHAIR, PROVIDE THE
 TASK FORCE WITH SUCH FACILITIES, ASSISTANCE, AND DATA AS WILL ENABLE THE
 TASK FORCE TO CARRY OUT ITS POWERS AND DUTIES.
   § 5. This act shall take effect immediately; provided,  however,  that
 sections  27-0801  and  27-0805 of the environmental conservation law as
 added by section one of this act and sections two, three,  and  four  of
 this  act  shall  take  effect on the one hundred eightieth day after it
 shall have become a law; provided further, however, that section 27-0803
 of the environmental conservation law as added by section  one  of  this
 act  shall  expire  five  years after such effective date when upon such
 date the provisions of such section shall be deemed  repealed;  provided
 further,  however,  that  section  four  of this act shall expire and be
 deemed repealed one hundred twenty days after the New York State  bioso-
 lids  task  force  has  submitted  its  final report pursuant to section
 27-0607 of the environmental conservation law as added by  section  four
 of  this  act; provided further, however, that the commissioner of envi-
 ronmental  conservation  shall  notify  the  legislative  bill  drafting
 commission  upon  the submission of the final report pursuant to section
 27-0607 of the environmental conservation law as added by  section  four
 of  this  act  in order that the commission may maintain an accurate and
 timely effective data base of the official text of the laws of the state
 of New York in furtherance of effectuating the provisions of section  44
 of the legislative law and section 70-b of the public officers law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6192--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2025
                                ___________
 
 Introduced  by  M.  of  A.  KELLES, ROMERO, GALLAGHER, ROSENTHAL, SIMON,
   FORREST, GRIFFIN, OTIS -- read once and referred 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  the
   management  of  PFAS  in biosolids and establishing the New York state
   biosolids task force; to amend the agriculture and markets law and the
   state finance law, in relation to establishing the  PFAS  agricultural
   response  program and the agricultural PFAS response fund; and provid-
   ing for the repeal of certain provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 8 to read as follows:
                                  TITLE 8
                      MANAGEMENT OF PFAS IN BIOSOLIDS
 SECTION 27-0801. DEFINITIONS.
         27-0803. MORATORIUM ON LAND APPLICATION OF BIOSOLIDS.
         27-0805. TESTING AND REPORTING.
 § 27-0801. DEFINITIONS.
   AS USED IN THIS TITLE:
   1.  "BIOSOLIDS"  MEANS  THE ACCUMULATED SEMI-SOLIDS, SOLIDS OR LIQUIDS
 RESULTING FROM TREATMENT OF WASTEWATERS FROM PUBLICLY OR PRIVATELY OWNED
 OR OPERATED SEWAGE TREATMENT PLANTS.
   2. "ENTERPRISE BUDGET" MEANS AN ESTIMATION OF THE REVENUE, COSTS,  AND
 PROFITS FOR A FARM.
   3.  "MONITORING" MEANS SAMPLING OF BIOSOLIDS FROM WASTEWATER TREATMENT
 FACILITIES, SOIL SAMPLES AND/OR WATER SAMPLES FROM AGRICULTURAL LAND  TO
 DETERMINE THE CONCENTRATION OF PFAS PRESENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10313-05-5
 A. 6192--A                          2
 
              

   4.  "PERFLUOROALKYL  AND POLYFLUOROALKYL SUBSTANCES" OR "PFAS" MEANS A
 CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING  AT  LEAST  ONE  FULLY
 FLUORINATED CARBON ATOM.
   5.    "PERMIT  HOLDER" MEANS A FARMER OR OTHER LANDOWNER AUTHORIZED TO
 SPREAD BIOSOLIDS UNDER A PERMIT GRANTED PURSUANT TO NYCRR 361-2.4.
   6.  "PREVIOUS PERMIT HOLDER" MEANS A PERMIT HOLDER WHO  HAS  A  PERMIT
 THAT HAS EXPIRED WITHIN THE FIVE YEARS PREVIOUS TO THE EFFECTIVE DATE OF
 THIS TITLE.
   7.  "WASTEWATER  TREATMENT  FACILITY"  MEANS  ANY FACILITY THAT TREATS
 WASTEWATER, INCLUDING BUT NOT  LIMITED  TO  MUNICIPAL  SEWAGE  TREATMENT
 PLANTS,  INDUSTRIAL  WASTEWATER  TREATMENT PLANTS, AND SEPTAGE TREATMENT
 FACILITIES.
 § 27-0803. MORATORIUM ON LAND APPLICATION OF BIOSOLIDS.
   1. FOR THE PERIOD COMMENCING ON THE EFFECTIVE DATE OF THIS  TITLE  AND
 ENDING  FIVE YEARS AFTER SUCH DATE, A MORATORIUM SHALL BE ESTABLISHED ON
 THE LAND APPLICATION OF:
   (A) BIOSOLIDS GENERATED FROM A PUBLICLY OR PRIVATELY OWNED OR OPERATED
 WASTEWATER TREATMENT PLANT;
   (B) COMPOST MATERIAL THAT INCLUDED IN ITS PRODUCTION BIOSOLIDS  GENER-
 ATED FROM A PUBLICLY OR PRIVATELY OWNED OR OPERATED WASTEWATER TREATMENT
 PLANT;
   (C) ANY OTHER PRODUCT OR MATERIAL THAT IS INTENDED FOR USE AS A FERTI-
 LIZER,  SOIL AMENDMENT, TOPSOIL REPLACEMENT OR MULCH, OR FOR OTHER SIMI-
 LAR AGRICULTURAL PURPOSES INCLUDING PARKS, GOLF COURSES, OR  OTHER  NON-
 CROP  LAND  APPLICATIONS,  THAT  IS  DERIVED  FROM OR CONTAINS BIOSOLIDS
 GENERATED FROM A PUBLICLY OR  PRIVATELY  OWNED  OR  OPERATED  WASTEWATER
 TREATMENT PLANT.
   2.  THE  MORATORIUM SHALL APPLY TO ALL EXISTING PERMITS, RENEWALS, AND
 NEW APPLICATIONS.
   3. THE MORATORIUM SHALL NOT APPLY TO:
   (A) THE DISPOSAL OR PLACEMENT AT A SOLID WASTE LANDFILL OF ANY OF  THE
 MATERIALS  THAT  ARE  PROHIBITED  FROM  APPLICATION,  SPREADING, SALE OR
 DISTRIBUTION BY THIS SECTION; OR
   (B) THE LAND APPLICATION OF OR THE SALE  OR  DISTRIBUTION  OF  COMPOST
 MATERIALS  OR  OTHER  AGRICULTURAL PRODUCTS OR MATERIALS DERIVED FROM OR
 CONTAINING RESIDUALS GENERATED AS A RESULT OF THE PROCESSING  OR  CULTI-
 VATION  OF  FOOD, FOOD WASTE, CROPS OR VEGETATIVE MATERIAL, OR ANY OTHER
 PRODUCT OR MATERIAL THAT IS NOT DERIVED FROM OR DOES NOT CONTAIN  BIOSO-
 LIDS.
 § 27-0805. TESTING AND REPORTING.
   1.    THE  DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS WHICH ADD
 PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES AS A PARAMETER OF  CONCERN
 FOR ANALYSIS WITHIN NYCRR PART 361.2.4.
   (A)  WITHIN  ONE YEAR OF THE EFFECTIVE DATE OF THIS TITLE, THE DEPART-
 MENT SHALL PROMULGATE  REGULATIONS  ESTABLISHING  A  PERFLUOROALKYL  AND
 POLYFLUOROALKYL  SUBSTANCES BIOSOLIDS TESTING AND REPORTING PROGRAM THAT
 SHALL, AT A MINIMUM, DO THE FOLLOWING:
   (I) ESTABLISH PROTOCOLS FOR SOIL TESTING, REQUIRING ALL PERMIT HOLDERS
 AND PREVIOUS PERMIT HOLDERS TO TEST  LANDS  WHERE  BIOSOLIDS  HAVE  BEEN
 APPLIED AT LEAST QUARTERLY FOR ONE YEAR;
   (II)  ESTABLISH  PROTOCOLS  FOR  TESTING DRINKING WATER WELLS AT LEAST
 QUARTERLY FOR ONE YEAR WHERE SUCH WELLS ARE  WITHIN  ONE  HALF  MILE  OF
 LANDS WHERE BIOSOLIDS HAVE BEEN APPLIED;
   (III) ESTABLISH PROTOCOLS FOR TESTING SURFACE WATER AT LEAST QUARTERLY
 FOR  ONE YEAR WHERE SUCH SURFACE WATER IS WITHIN ONE MILE OF LANDS WHERE
 BIOSOLIDS HAVE BEEN APPLIED;
 A. 6192--A                          3
 
   (B) REGULATIONS PROMULGATED PURSUANT TO THIS TITLE  REGARDING  TESTING
 PROTOCOLS  AND  THE  TIMING  OF  SAMPLING  FOR TESTING OF WELL WATER AND
 SURFACE WATER  SHALL TAKE INTO ACCOUNT THE EFFECTS  OF  RAINFALL  EVENTS
 AND  PRECIPITATION  PATTERNS, AS WELL AS WEATHER AND TEMPERATURE CHANGES
 IN DETERMINING THE TIMING OF SAMPLING.
   (C)  PERMIT HOLDERS SHALL SUBMIT THE RESULTS OF SUCH MONITORING TO THE
 DEPARTMENT QUARTERLY;  PROVIDED,  HOWEVER,  THAT  PERMIT  HOLDERS  SHALL
 SUBMIT  THEIR FIRST MONITORING RESULTS WITHIN SIX MONTHS FROM THE EFFEC-
 TIVE DATE OF THIS TITLE.
   2. THE DEPARTMENT SHALL REQUIRE ALL WASTEWATER TREATMENT FACILITIES TO
 TEST BIOSOLIDS FOR PFAS CHEMICALS QUARTERLY FOR FIVE  YEARS  AND  REPORT
 THE RESULTS TO THE DEPARTMENT.
   3.  TESTING AND EVALUATION OF PERMITTED SITES SHALL BE CONDUCTED USING
 A PFAS TESTING METHOD OR  METHODS  AUTHORIZED  BY  THE  DEPARTMENT.  THE
 DEPARTMENT  SHALL  IMMEDIATELY AUTHORIZE EPA METHOD 1633A AS AN APPROVED
 TESTING METHOD. THE DEPARTMENT SHALL AUTHORIZE ADDITIONAL  METHODS  THAT
 DETECT MORE PFAS AS SUCH METHODS BECOME AVAILABLE AND SHALL REQUIRE THAT
 THE  METHOD  THAT  DETECTS THE LARGEST NUMBER OF PFAS (AT EQUAL OR LOWER
 DETECTION LIMITS THAN EPA METHOD 1633A) SHALL BE USED.
   4. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS TO  ESTABLISH
 REGULATORY  THRESHOLD LEVELS FOR ALL INDIVIDUAL PFAS CHEMICALS FOR WHICH
 TESTING AND ASSESSMENT METHODS ARE  AVAILABLE.  THESE  THRESHOLD  LEVELS
 SHALL  ENSURE  MAXIMUM  PROTECTION OF HUMAN HEALTH AND THAT OF WILDLIFE.
 FINAL REGULATIONS SHALL NOT BE LESS PROTECTIVE THAN THOSE PRESCRIBED  IN
 SUBDIVISION FIVE OF THIS SECTION.
   5. UNTIL REGULATIONS ARE PROMULGATED PURSUANT TO THIS SECTION, THRESH-
 OLD LEVELS OF PFAS CONTAMINATION WITHIN WATER AND SOILS ABOVE WHICH PFAS
 SHALL  BE  CONSIDERED  AN  UNACCEPTABLE  THREAT  TO  HEALTH  SHALL BE AS
 FOLLOWS:
   (A) WITHIN WATER, EITHER CURRENT NEW YORK STATE DEPARTMENT  OF  HEALTH
 STANDARDS OR UNITED STATES ENVIRONMENTAL PROTECTION AGENCY STANDARDS FOR
 DRINKING WATER SHALL APPLY, WHICHEVER ARE MORE PROTECTIVE TO HEALTH;
   (B)  WITHIN  SOIL,  THRESHOLD LEVELS FOR PERFLUOROOCTANOIC ACID (PFOA)
 SHALL BE 0.00066 PARTS PER MILLION (PPM) AND FOR PERFLUOROOCTANE  SULFO-
 NATE (PFOS) SHALL BE 0.00088 PARTS PER MILLION (PPM).
   6.  THE  DEPARTMENT SHALL ESTABLISH AND MAINTAIN A PUBLICLY ACCESSIBLE
 DATABASE OF DISAGGREGATED SOIL, BIOSOLID (DIFFERENTIATING BIOSOLID  DATA
 SOURCED FROM WASTEWATER TREATMENT FACILITY AND FROM PERMIT HOLDERS), AND
 WATER  TESTING  RESULTS  WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS
 TITLE. SUCH  DATABASE  SHALL  USE  BEST  PRACTICES  STANDARDS  FOR  DATA
 COLLECTION  AND DISSEMINATION, INCLUDING STANDARDIZATION AND CLEANING OF
 DATA, AND SHALL MAKE SUCH DATA AVAILABLE TO THE PUBLIC IN COMMONLY  USED
 DATA  FORMATS.    DATA  COLLECTED  FROM SOIL OR WATER SAMPLES TAKEN FROM
 PRIVATE LANDS AND WELLS SHALL BE AGGREGATED BY  DEPARTMENT  OF  ENVIRON-
 MENTAL CONSERVATION REGION, IN A FORM WHICH EXCLUDES SPECIFIC ADDRESSES,
 LOCATIONS,  OR  OTHER  PERSONALLY IDENTIFYING INFORMATION.  THE DATABASE
 SHALL ALSO INCLUDE RECORDS  FOR  ALL  PREVIOUSLY  CONDUCTED  TESTING  OF
 BIOSOLIDS FOR PFAS FUNDED WITH PUBLIC MONIES WITH NEW YORK STATE.
   §  2. The agriculture and markets law is amended by adding a new arti-
 cle 11-C to read as follows:
                               ARTICLE 11-C
             SOIL HEALTH AND PFAS AGRICULTURE RESPONSE PROGRAM
 § 151-P. PFAS AGRICULTURAL RESPONSE PROGRAM.
   § 151-P. PFAS AGRICULTURAL RESPONSE PROGRAM. 1.  FOR THE  PURPOSES  OF
 THIS ARTICLE:
 A. 6192--A                          4
 
   (A)  "BIOSOLIDS" MEANS THE ACCUMULATED SEMI-SOLIDS OR SOLIDS RESULTING
 FROM TREATMENT OF WASTEWATERS FROM PUBLICLY OR PRIVATELY OWNED OR  OPER-
 ATED SEWAGE TREATMENT PLANTS.
   (B)  "ENTERPRISE BUDGET" MEANS AN ESTIMATION OF THE REVENUE, COSTS AND
 PROFITS FOR A FARM.
   (C) "MONITORING" MEANS SAMPLING OF BIOSOLIDS FROM SOIL SAMPLES  AND/OR
 WATER  SAMPLES  FROM AGRICULTURAL LAND TO DETERMINE THE CONCENTRATION OF
 PFAS PRESENT.
   (D) "PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES" OR "PFAS" MEANS  A
 CLASS  OF  FLUORINATED  ORGANIC  CHEMICALS CONTAINING AT LEAST ONE FULLY
 FLUORINATED CARBON ATOM.
   2. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, THE  DEPART-
 MENT, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,
 SHALL  ESTABLISH  A  PFAS  AGRICULTURAL RESPONSE PROGRAM TO ASSIST FARMS
 FOUND TO HAVE LEVELS OF PFAS CONTAMINATION WHICH EXCEED REGULATORY STAN-
 DARDS ESTABLISHED PURSUANT TO TITLE EIGHT OF ARTICLE TWENTY-SEVEN OF THE
 ENVIRONMENTAL CONSERVATION LAW.
   3. THE PROGRAM SHALL, AT A MINIMUM:
   (A) PURSUANT TO AN APPROPRIATION THEREFOR, PROVIDE GRANTS  TO  FARMERS
 AND  OTHER  LANDOWNERS WITH LAND FOUND TO EXCEED THE THRESHOLDS FOR PFAS
 ESTABLISHED PURSUANT TO TITLE EIGHT OF ARTICLE TWENTY-SEVEN OF THE ENVI-
 RONMENTAL CONSERVATION LAW FOR THE PURPOSE OF SHORT-TERM INCOME  SUPPLE-
 MENTATION  OR  REPLACEMENT,  INCLUDING  BUT  NOT LIMITED TO, REIMBURSING
 FARMERS FOR THE VALUE OF CROPS LOST AS A RESULT OF PFAS CONTAMINATION;
   (B) ASSIST FARMERS AND OTHER LANDOWNERS WITH PLANNING AND THE DEVELOP-
 MENT OF ENTERPRISE BUDGETS TO ADDRESS LAND OR WATER FOUND TO BE  CONTAM-
 INATED  BY  PFAS.   SUCH ENTERPRISE BUDGETS MAY INCLUDE, BUT NEED NOT BE
 LIMITED TO, COSTS ASSOCIATED WITH THE IMPLEMENTATION OF:
   (I) ALTERNATIVE CROPPING SYSTEMS;
   (II) REMEDIATION STRATEGIES;
   (III) TECHNOLOGICAL ADAPTATIONS;
   (IV) TRANSITIONING TO ALTERNATIVE REVENUE STREAMS, INCLUDING  BUT  NOT
 LIMITED TO TRANSITIONING TO ALTERNATIVE LAND USE SYSTEMS; AND
   (V) LOCATING ALTERNATIVE VIABLE FARMLAND;
   (C)  PURSUANT  TO  AN  APPROPRIATION  THEREFOR, PROVIDE GRANTS FOR THE
 PURCHASE OF TRANSITIONAL EQUIPMENT AND INFRASTRUCTURE  FOR  FARMERS  AND
 OTHER LANDOWNERS TO: (I) SUPPORT A TRANSITION TO AN ALTERNATIVE CROPPING
 SYSTEM; AND (II) IMPLEMENT REMEDIATION STRATEGIES, TECHNOLOGICAL ADAPTA-
 TIONS,  OR  OTHER MODIFICATIONS TO THE FARMER OR OTHER LANDOWNER'S OPER-
 ATIONS IN RESPONSE TO PFAS CONTAMINATION;
   (D) DEVELOP BEST PRACTICES TO  MITIGATE  FURTHER  PFAS  CONTAMINATION,
 INCLUDING BUT NOT LIMITED TO, ALTERNATIVE CROPPING SYSTEMS; AND
   (E)  PROVIDE FOR TESTING OF AGRICULTURAL PRODUCTS, LIVESTOCK, SOIL AND
 WATER OF ADJACENT PROPERTIES WHERE IT IS SUSPECTED THERE MAY BE  CONTAM-
 INATION RELATED TO THE SPREADING OF BIOSOLIDS, AND FEEDSTOCK PRODUCED ON
 LANDS  WHERE  BIOSOLIDS WERE SPREAD.  DURING THE FIVE-YEAR MORATORIUM ON
 LAND APPLICATION OF BIOSOLIDS PURSUANT TO SECTION 27-0803 OF  THE  ENVI-
 RONMENTAL  CONSERVATION LAW, THE DEPARTMENT SHALL PROVIDE NOTICE OF SUCH
 MONITORING AND TESTING TO THE PUBLIC,  INCLUDING  TO  ADJACENT  IMPACTED
 COMMUNITIES, THROUGH PUBLIC OUTREACH TO COMMUNITY MEMBERS AND BY POSTING
 INFORMATION ON THE DEPARTMENT'S WEBSITE.
   §  3. The state finance law is amended by adding a new section 95-l to
 read as follows:
   § 95-L. AGRICULTURAL PFAS RESPONSE FUND. 1.  THERE  IS  HEREBY  ESTAB-
 LISHED  IN  THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF
 A. 6192--A                          5
 
 TAXATION AND FINANCE A SPECIAL FUND TO BE  KNOWN  AS  THE  "AGRICULTURAL
 PFAS RESPONSE FUND".
   2. SUCH FUND SHALL CONSIST OF MONIES APPROPRIATED, CREDITED, OR TRANS-
 FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   3.  ALL  MONIES DEPOSITED IN THE AGRICULTURAL PFAS RESPONSE FUND SHALL
 BE AVAILABLE FOR THE PURPOSES OF THE PFAS AGRICULTURAL RESPONSE  PROGRAM
 PURSUANT TO ARTICLE ELEVEN-C OF THE AGRICULTURE AND MARKETS LAW.
   4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
 OF THE DEPARTMENT OF AGRICULTURE AND MARKETS.
   §  4.  Article  27 of the environmental conservation law is amended by
 adding a new title 6 to read as follows:
                                  TITLE 6
                    NEW YORK STATE BIOSOLIDS TASK FORCE
 SECTION 27-0601. NEW YORK STATE BIOSOLIDS TASK FORCE.
         27-0603. DEFINITIONS.
         27-0605. TASK FORCE COMPOSITION.
         27-0607. POWERS AND DUTIES.
 § 27-0601. NEW YORK STATE BIOSOLIDS TASK FORCE.
   THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT THE NEW  YORK  STATE
 BIOSOLIDS TASK FORCE TO EVALUATE THE RISKS AND BENEFITS OF VARIOUS METH-
 ODS  OF  BIOSOLIDS  DISPOSAL  WITHIN THE STATE WITH RESPECT TO THE RISKS
 POSED BY PFAS CHEMICALS AND TO INVESTIGATE A PATH FORWARD FOR  NEW  YORK
 STATE  BIOSOLID  DISPOSAL  THAT  IS  MAXIMALLY  PROTECTIVE  OF HUMAN AND
 ECOSYSTEM HEALTH.
 § 27-0603. DEFINITIONS.
   AS USED IN THIS TITLE:
   1. "BIOSOLIDS" MEANS THE ACCUMULATED SEMI-SOLIDS OR  SOLIDS  RESULTING
 FROM  TREATMENT OF WASTEWATERS FROM PUBLICLY OR PRIVATELY OWNED OR OPER-
 ATED SEWAGE TREATMENT PLANTS.
   2. "ENTERPRISE BUDGET" MEANS AN ESTIMATION OF THE PLANNING  AND  ESTI-
 MATION OF REVENUE, COSTS, AND PROFITS FOR A FARM.
   3.  "MONITORING" MEANS SAMPLING OF BIOSOLIDS FROM WASTEWATER TREATMENT
 FACILITIES, SOIL SAMPLES AND/OR GROUNDWATER  SAMPLES  FROM  AGRICULTURAL
 LAND TO DETERMINE THE CONCENTRATION OF PFAS PRESENT.
   4.  "PERFLUOROALKYL  AND POLYFLUOROALKYL SUBSTANCES" OR "PFAS" MEANS A
 CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING  AT  LEAST  ONE  FULLY
 FLUORINATED CARBON ATOM.
   5.  "PREVIOUS  PERMIT  HOLDER"  MEANS A PERMIT HOLDER WHO HAS A PERMIT
 THAT HAS EXPIRED WITHIN THE FIVE YEARS PREVIOUS TO THE EFFECTIVE DATE OF
 THIS ARTICLE.
   6. "WASTEWATER TREATMENT FACILITY"  MEANS  ANY  FACILITY  THAT  TREATS
 WASTEWATER,  INCLUDING  BUT  NOT  LIMITED  TO MUNICIPAL SEWAGE TREATMENT
 PLANTS, INDUSTRIAL WASTEWATER TREATMENT PLANTS,  AND  SEPTAGE  TREATMENT
 FACILITIES.
 § 27-0605. TASK FORCE COMPOSITION.
   1. THE TASK FORCE SHALL BE COMPOSED OF THIRTEEN MEMBERS AS FOLLOWS:
   (A) THE COMMISSIONER, OR THE COMMISSIONER'S DESIGNEE, WHO SHALL BE THE
 CHAIR OF THE TASK FORCE;
   (B) ONE MEMBER FROM THE DEPARTMENT;
   (C) ONE MEMBER FROM THE DEPARTMENT OF HEALTH;
   (D) ONE MEMBER FROM THE DEPARTMENT OF AGRICULTURE AND MARKETS;
   (E) THREE MEMBERS APPOINTED BY THE GOVERNOR AS FOLLOWS:
   (I) ONE OF WHOM SHALL REPRESENT WASTEWATER TREATMENT UTILITIES;
   (II)  ONE  OF WHOM SHALL HAVE A BACKGROUND OR EXPERTISE IN SOLID WASTE
 AND ORGANICS RECYCLING; AND
 A. 6192--A                          6

   (III) ONE OF WHOM SHALL HAVE A BACKGROUND OR  EXPERTISE  IN  SOIL  AND
 CROP HEALTH AND TOXIC CONTAMINATION;
   (F)  TWO  MEMBERS  APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE,
 ONE OF WHOM SHALL REPRESENT THE PUBLIC AND SHALL HAVE  A  BACKGROUND  OR
 EXPERTISE  IN  PFAS  CONTAMINATION  AND/OR  TOXICOLOGY  AND  HEALTH RISK
 ASSESSMENT;
   (G) TWO MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE OF  WHOM
 SHALL  REPRESENT  THE PUBLIC AND SHALL HAVE A BACKGROUND OR EXPERTISE IN
 PFAS CONTAMINATION AND/OR TOXICOLOGY AND HEALTH RISK ASSESSMENT;
   (H) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND
   (I) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
   2. THE MEMBERS OF THE TASK FORCE SHALL  RECEIVE  NO  COMPENSATION  FOR
 THEIR  SERVICES BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS TITLE.
   3. THE TASK FORCE SHALL MEET AT SUCH TIMES AND PLACES AS MAY BE DETER-
 MINED BY ITS CHAIR; PROVIDED, HOWEVER, THAT THE TASK FORCE SHALL MEET AT
 A MINIMUM OF SIX TIMES PER YEAR.
   4. A MAJORITY OF THE MEMBERS OF THE  TASK  FORCE  SHALL  CONSTITUTE  A
 QUORUM FOR THE TRANSACTION OF BUSINESS. ACTION MAY BE TAKEN, AND MOTIONS
 AND  RESOLUTIONS  ADOPTED,  AT  ANY MEETING BY THE AFFIRMATIVE VOTE OF A
 MAJORITY OF THE FULL MEMBERSHIP OF THE TASK FORCE.
 § 27-0607. POWERS AND DUTIES.
   1. THE TASK FORCE SHALL:
   (A) REVIEW THE DRAFT "SEWAGE SLUDGE RISK ASSESSMENT FOR PERFLUOROOCTA-
 NOIC ACID (PFOA) CASRN 335-67-1 AND PERFLUOROOCTANE SULFONIC ACID (PFOS)
 CASRN 1763-23-1", DATED JANUARY TWO THOUSAND  TWENTY-FIVE,  AND  MONITOR
 COMMENTS  PROVIDED  TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 AND ANY REVISIONS TO THE RISK ANALYSIS;
   (B) ANALYZE THE PATHWAYS OF HUMAN EXPOSURE TO PFAS AND  HOW  BIOSOLIDS
 APPLIED TO LAND CONTRIBUTE TO SUCH EXPOSURE;
   (C) SUPPORT THE DEPARTMENT IN ANY REGULATORY PROCESSES RELATED TO PFAS
 IN  BIOSOLIDS,  PRIORITIZING  EFFICIENT  PROCESSES AND APPLYING THE BEST
 AVAILABLE SCIENCE;
   (D) EVALUATE MITIGATION  STRATEGIES  TO  REDUCE  THE  RISK  OF  HUMAN,
 ECOSYSTEM, AND WILDLIFE EXPOSURE FROM LAND APPLICATION OF BIOSOLIDS;
   (E)  REVIEW AND SUMMARIZE, INCLUDING BUT NOT LIMITED TO THE ACTIONS OF
 OTHER STATES AND REGIONAL AND FEDERAL AGENCIES TO UNDERSTAND  THE  RISKS
 AND CONSEQUENCES OF SUCH ACTIONS, THE USE AND EFFECTS OF PFAS AND BIOSO-
 LIDS, INCLUDING, BUT NOT LIMITED TO:
   (I) CONTINUED LAND APPLICATION;
   (II) ALLOWANCES FOR AND USE OF BIOSOLID DERIVED FERTILIZER PRODUCTS;
   (III) LAND APPLICATION BANS;
   (IV) LANDFILLING;
   (V) INCINERATION; AND
   (VI)  MITIGATION  OF PFAS THROUGH INDUSTRIAL PRETREATMENT PROGRAMS AND
 SOURCE IDENTIFICATION;
   (F) WORK WITH THE DEPARTMENT TO SUMMARIZE  CURRENT  DATA  AND  PROVIDE
 RECOMMENDATIONS,  INCLUDING  RECOMMENDATIONS  FOR WHERE MORE DATA MAY BE
 REQUIRED;
   (G) REVIEW EXISTING STANDARDS  FOR  PFAS  CONTAMINATION  WITHIN  SOIL,
 WATER, AIR, AND BIOSOLIDS, BOTH IN NEW YORK AND AT THE FEDERAL LEVEL;
   (H) REVIEW POSSIBLE PFAS REMEDIATION STRATEGIES FOR PFAS CONTAMINATION
 WITHIN SOIL, WATER, AIR, AND BIOSOLIDS;
   (I)  REVIEW  AND  SUMMARIZE  THE  REMAINING  CAPACITY OF LANDFILLS AND
 INCINERATION FACILITIES TO ACCEPT BIOSOLIDS. SUCH REVIEW SHALL  CONSIDER
 THE  IMPACT  ACROSS  THE DIFFERENT REGIONS WITHIN THE STATE AND ENVIRON-
 A. 6192--A                          7
 
 MENTAL JUSTICE AREAS, INCLUDING THE IMPACT OF PFAS-RICH  LANDFILL  LEAC-
 HATE DISPOSAL VIA WASTEWATER TREATMENT PLANTS;
   (J)  REVIEW AND EVALUATE ALTERNATIVE METHODS OF AND EMERGENT TECHNOLO-
 GIES FOR MANAGING CONTAMINATED BIOSOLIDS;
   (K) REVIEW AND EVALUATE PFAS DESTROYING  TECHNOLOGIES,  INCLUDING  THE
 RISKS  TO  HUMAN  AND  ENVIRONMENTAL  HEALTH,  AND  THE CURRENT STATE OF
 DEPLOYMENT AND BARRIERS TO THE DEPLOYMENT OF SUCH TECHNOLOGIES;
   (L) DETERMINE FINANCIAL, ENVIRONMENTAL, AND HEALTH IMPACTS OF  DIFFER-
 ENT PATHWAYS FOR MANAGING BIOSOLIDS;
   (M)  EVALUATE  THE  RISKS,  IMPLICATIONS,  AND  LEVELS OF PFAS IN FOOD
 PRODUCTS GROWN ON LAND WHERE BIOSOLIDS HAVE BEEN  APPLIED  OR  LIVESTOCK
 FED CROPS GROWN ON LAND WHERE BIOSOLIDS HAVE BEEN APPLIED;
   (N) WHERE POSSIBLE, WORK WITH OTHER REGIONAL AUTHORITIES TO UNDERSTAND
 THEIR INTENT OF BIOSOLIDS MANAGEMENT IN THEIR JURISDICTIONS TO DETERMINE
 IMPACTS OF THE LIMITATIONS OF BIOSOLIDS DISPOSAL AND END USES;
   (O) CONDUCT A MINIMUM OF TWO PUBLIC HEARINGS FOR INPUT ANNUALLY;
   (P) ISSUE AN INTERIM PROGRESS REPORT AT THE END OF THE FIRST YEAR. THE
 INTERIM  REPORT SHALL BE DELIVERED TO THE DEPARTMENT AND THE LEGISLATURE
 AND BE POSTED PUBLICLY ON THE DEPARTMENT'S WEBSITE; AND
   (Q) ISSUE A FINAL REPORT AT THE END OF  THE  SECOND  YEAR.  THE  FINAL
 REPORT  SHALL  BE DELIVERED TO THE DEPARTMENT AND THE LEGISLATURE AND BE
 POSTED PUBLICLY ON THE DEPARTMENT'S WEBSITE.
   2. THE TASK FORCE SHALL HAVE THE POWER TO:
   (A) CONTRACT FOR PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE;
   (B) CONDUCT SCIENTIFIC AND ENVIRONMENTAL STUDIES.
   3. THE DEPARTMENT, THE DEPARTMENT OF AGRICULTURE AND MARKETS, AND  THE
 DEPARTMENT  OF HEALTH SHALL PROVIDE THE TASK FORCE WITH SUCH FACILITIES,
 ASSISTANCE AND DATA AS WILL ENABLE THE  TASK  FORCE  TO  CARRY  OUT  ITS
 POWERS  AND  DUTIES.  ADDITIONALLY,  ALL  OTHER AGENCIES OF THE STATE OR
 SUBDIVISIONS THEREOF SHALL, AT THE REQUEST OF  THE  CHAIR,  PROVIDE  THE
 TASK FORCE WITH SUCH FACILITIES, ASSISTANCE, AND DATA AS WILL ENABLE THE
 TASK FORCE TO CARRY OUT ITS POWERS AND DUTIES.
   §  5.  This act shall take effect immediately; provided, however, that
 sections 27-0801 and 27-0805 of the environmental  conservation  law  as
 added  by  section  one of this act and sections two, three, and four of
 this act shall take effect on the one hundred  eightieth  day  after  it
 shall have become a law; provided further, however, that section 27-0803
 of  the  environmental  conservation law as added by section one of this
 act shall expire five years after such effective  date  when  upon  such
 date  the  provisions of such section shall be deemed repealed; provided
 further, however, that section four of this  act  shall  expire  and  be
 deemed  repealed one hundred twenty days after the New York State bioso-
 lids task force has submitted  its  final  report  pursuant  to  section
 27-0607  of  the environmental conservation law as added by section four
 of this act; provided further, however, that the commissioner  of  envi-
 ronmental  conservation  shall  notify  the  legislative  bill  drafting
 commission upon the submission of the final report pursuant  to  section
 27-0607  of  the environmental conservation law as added by section four
 of this act in order that the commission may maintain  an  accurate  and
 timely effective data base of the official text of the laws of the state
 of  New York in furtherance of effectuating the provisions of section 44
 of the legislative law and section 70-b of the public officers law.