Senate Bill S4574A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4574
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2025
                                ___________
 
 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 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 in 2020.
 New York has also designated twenty-three additional PFAS  chemicals  as
 emerging contaminants under section 1112 of the public health law, which
 requires statewide drinking water testing and public notification.
   3. In December 2022, the Federal Environmental Protection Agency (EPA)
 published  guidance  encouraging states to require permitted industries,
 Publicly Owned Treatment Works (POTWs), and industrial  sources  sending
 waste  to  POTWs  to  monitor  for  and disclose the presence of PFAS in
 wastewater discharged into waterways. The treatment technology at  POTWs
 is  not designed to remove PFAS from wastewater, meaning any PFAS intro-
 duced to the POTW by an industrial source will  pass  through  into  the
 waters of the state.
   4.  In  2023,  the  NYS Department of Environmental Conservation (DEC)
 adopted numeric guidance values limiting the acceptable amounts of  PFOA
 and PFOS that can be discharged into waters of the state by state Pollu-
 tant Discharge Elimination System (SPDES) permittees.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01682-02-5
              

 S. 4574                             2
 
   5.  However,  DEC's  permitting guidance has only applied these limits
 and PFAS testing requirements to a subset of  facilities,  meaning  that
 many  potential  polluters  directly  or indirectly discharging into the
 waters of the state,  including  industrial  sources  sending  waste  to
 POTWs,  have  not  yet  been required to test for PFAS. DEC's permitting
 guidance does not align with EPA's minimum recommendations made in 2022.
   6. The lack of information about the suite of PFAS chemicals currently
 entering New York's waterways is a barrier to developing regulations  to
 protect  people and the environment from the harms of PFAS in our water-
 ways.
   7. Legislation is necessary to align New York state law with EPA guid-
 ance and ensure key facilities currently  discharging  or  proposing  to
 discharge into waters in New York disclose the presence of these forever
 chemicals to the public.
   §  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)  "INDUSTRIAL  DISCHARGER" MEANS A FACILITY WITH OR SEEKING A SPDES
 PERMIT TO DISCHARGE INDUSTRIAL WASTEWATER INTO THE WATERS OF THE STATE.
   (C) "INDUSTRIAL SOURCE" MEANS A FACILITY  INTRODUCING  OR  SEEKING  TO
 INTRODUCE  INDUSTRIAL  WASTEWATER  TO  A POTW FOR TREATMENT BEFORE BEING
 DISCHARGED INTO THE WATERS OF THE STATE.
   (D) "POTW" MEANS A PUBLICLY OWNED TREATMENT WORKS WITH  OR  SEEKING  A
 SPDES PERMIT TO DISCHARGE SEWAGE INTO THE WATERS OF THE STATE.
   (E) "INDUSTRIAL WASTEWATER" MEANS LIQUID INDUSTRIAL WASTE.
   (F)  "PFAS  MONITORING"  MEANS  SAMPLING  OF  INDUSTRIAL WASTEWATER OR
 SEWAGE FROM EACH OUTLET TO DETERMINE THE CONCENTRATION OF PFAS PRESENT.
   2. EVERY INDUSTRIAL DISCHARGER OR POTW MAKING AN APPLICATION FOR A NEW
 SPDES PERMIT SHALL SUBMIT AS PART OF SUCH APPLICATION THE  PROJECTED  OR
 ESTIMATED RESULTS OF PFAS MONITORING.
   3.  ALL  NEW  SPDES  PERMITS ISSUED TO INDUSTRIAL DISCHARGERS OR POTWS
 SHALL REQUIRE SUCH FACILITIES TO CONDUCT PFAS MONITORING AT LEAST  QUAR-
 TERLY  FOR  ONE  YEAR AND SUBMIT THE FIRST RESULTS OF SUCH MONITORING TO
 THE DEPARTMENT WITHIN NINETY DAYS OF THE COMMENCEMENT OF THE  DISCHARGE.
 IF  ANY  PFAS  ARE  DETECTED  DURING THE PFAS MONITORING, THE DEPARTMENT
 SHALL MODIFY THE SPDES PERMIT OF THE INDUSTRIAL DISCHARGER  OR  POTW  TO
 REQUIRE QUARTERLY PFAS MONITORING FOR THE DURATION OF THE PERMIT TERM.
   4. EVERY INDUSTRIAL DISCHARGER OR POTW SEEKING TO RENEW A SPDES PERMIT
 SHALL,  AS  PART  OF  ITS  RENEWAL  APPLICATION,  SUBMIT PFAS MONITORING
 RESULTS TO THE DEPARTMENT NOT LESS THAN ONE HUNDRED EIGHTY DAYS PRIOR TO
 THE EXPIRATION OF THE EXISTING SPDES PERMIT. IF ANY  PFAS  ARE  DETECTED
 DURING  THE  PFAS MONITORING, THE DEPARTMENT SHALL MODIFY THE FACILITY'S
 SPDES PERMIT TO REQUIRE QUARTERLY PFAS MONITORING FOR  THE  DURATION  OF
 THE PERMIT TERM.
   5.  ANY INDUSTRIAL DISCHARGER OR POTW THAT IS LAWFULLY OPERATING UNDER
 AN EXPIRED OR ADMINISTRATIVELY RENEWED SPDES PERMIT  SHALL  SUBMIT  PFAS
 MONITORING  RESULTS TO THE DEPARTMENT WITHIN SIX MONTHS OF THE EFFECTIVE
 DATE OF THIS SECTION AND AT LEAST ONCE EVERY FIVE YEARS THEREAFTER.
   6. A POTW SHALL REQUIRE ANY NEW INDUSTRIAL SOURCE SEEKING TO INTRODUCE
 INDUSTRIAL WASTEWATER INTO THE  POTW  TO  CONDUCT  PFAS  MONITORING  AND
 SUBMIT  THE  RESULTS  OF  SUCH MONITORING TO THE POTW AND THE DEPARTMENT
 S. 4574                             3
 
 PRIOR TO RECEIVING AUTHORIZATION TO INTRODUCE INDUSTRIAL  WASTEWATER  TO
 THE POTW.
   7. EVERY INDUSTRIAL SOURCE WITH AN EXISTING AUTHORIZATION TO INTRODUCE
 INDUSTRIAL  WASTEWATER TO A POTW SHALL CONDUCT PFAS MONITORING QUARTERLY
 FOR ONE YEAR. SUCH INDUSTRIAL SOURCES SHALL SUBMIT THE RESULTS  OF  PFAS
 MONITORING  QUARTERLY  TO  THE  POTW AND THE DEPARTMENT AND SHALL SUBMIT
 THEIR FIRST MONITORING RESULTS WITHIN NINETY DAYS OF THE EFFECTIVE  DATE
 OF  THIS  SECTION.  ANY  INDUSTRIAL  SOURCE  THAT DETECTS ANY PFAS SHALL
 CONTINUE TO CONDUCT QUARTERLY PFAS MONITORING AND SUBMIT SUCH RESULTS TO
 THE POTW AND THE DEPARTMENT.
   8. ALL PFAS MONITORING SHALL BE CONDUCTED USING A PFAS TESTING  METHOD
 OR  METHODS  AUTHORIZED  BY THE DEPARTMENT, INCLUDING BUT NOT LIMITED TO
 THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY'S METHOD 1633.  THE  DEPART-
 MENT SHALL AUTHORIZE ADDITIONAL METHODS THAT DETECT MORE PFAS OR PFAS AT
 LOWER LEVELS AS APPROPRIATE.
   9.  THE  DEPARTMENT  SHALL MAKE PUBLICLY AVAILABLE ON THE DEPARTMENT'S
 WEBSITE ALL PFAS MONITORING  RESULTS  SUBMITTED  TO  THE  DEPARTMENT  BY
 INDUSTRIAL  DISCHARGERS,  INDUSTRIAL  SOURCES,  AND POTWS, INCLUDING ANY
 RESULTS SUBMITTED BY SUCH FACILITIES  WITHIN  SIX  YEARS  PRIOR  TO  THE
 EFFECTIVE  DATE  OF  THIS SECTION. THE WEBSITE SHALL BE UPDATED AT LEAST
 ANNUALLY 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4574--B
     Cal. No. 622
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2025
                                ___________
 
 Introduced  by  Sens.  MAY,  FAHY -- read twice and ordered printed, and
   when printed to be committed to the Committee on Environmental Conser-
   vation -- 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.  Per- and polyfluoroalkyl substances (PFAS) 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 in  2020.
 New  York  has also designated twenty-three additional PFAS chemicals as
 emerging contaminants under section 1112 of the public health law, which
 requires statewide drinking water testing and public notification.
   3. In December 2022, the Federal Environmental Protection Agency (EPA)
 published guidance encouraging states to require  permitted  industries,
 Publicly  Owned  Treatment Works (POTWs), and industrial sources sending
 waste to POTWs to monitor for and  disclose  the  presence  of  PFAS  in
 wastewater  discharged into waterways. Conventional treatment technology
 at POTWs is not designed to remove PFAS  from  wastewater,  meaning  any

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01682-05-5
              

 S. 4574--B                          2
 
 PFAS  introduced to the POTW by an industrial source will typically pass
 through into the waters of the state.
   4.  In  2023, the New York State Department of Environmental Conserva-
 tion (DEC) adopted  numeric  guidance  values  limiting  the  acceptable
 amounts of PFOA and PFOS that can be discharged into waters of the state
 by State Pollutant Discharge Elimination System (SPDES) permittees.
   5.  However,  DEC's  permitting guidance has only applied these limits
 and PFAS testing requirements to a subset of  facilities,  meaning  that
 many  potential  sources of PFAS directly or indirectly discharging into
 the waters of the state, including industrial sources sending  waste  to
 POTWs, have not yet been required to test for PFAS.
   6. The lack of information about PFAS chemicals currently entering New
 York's waters is an obstacle to developing regulations to protect people
 and the environment from the harms of PFAS.
   7. Legislation can ensure that key facilities currently discharging or
 proposing  to  discharge  into  New York waters disclose the presence of
 these forever chemicals to the public.
   § 3. The environmental conservation law is amended  by  adding  a  new
 section 17-0833 to read as follows:
 § 17-0833. PFAS DISCHARGE DISCLOSURE REQUIREMENTS.
   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 INDUSTRIAL DISCHARGER" MEANS A SPDES PERMIT  APPLICANT  OR
 HOLDER  SEEKING TO DISCHARGE INDUSTRIAL WASTEWATER, OTHER THAN AN APPLI-
 CANT FOR OR HOLDER OF A GENERAL SPDES PERMIT WHICH IS NOT A MULTI-SECTOR
 GENERAL PERMIT, THAT IS:
   (I) IN AN INDUSTRY THAT IS IDENTIFIED BY THE DEPARTMENT AS AN INDUSTRY
 KNOWN OR SUSPECTED TO DISCHARGE PFAS; OR
   (II) OTHERWISE DETERMINED BY THE DEPARTMENT TO WARRANT PFAS MONITORING
 BASED ON THE INDUSTRIAL DISCHARGER'S INDUSTRY OR FACILITY.
   C. "COVERED INDUSTRIAL USER" MEANS A PERSON INTRODUCING OR SEEKING  TO
 INTRODUCE INDUSTRIAL WASTEWATER INTO A POTW THAT IS:
   (I) IN AN INDUSTRY THAT IS IDENTIFIED BY THE DEPARTMENT AS AN INDUSTRY
 KNOWN OR SUSPECTED TO DISCHARGE PFAS; OR
   (II)  IS  OTHERWISE DETERMINED BY THE DEPARTMENT TO WARRANT PFAS MONI-
 TORING BASED ON THE INDUSTRIAL DISCHARGER'S INDUSTRY OR FACILITY.
   D. "POTW" MEANS A PUBLICLY OWNED TREATMENT WORKS  WITH  OR  SEEKING  A
 SPDES PERMIT.
   E.  "INDUSTRIAL  WASTEWATER"  MEANS LIQUID INDUSTRIAL WASTE, INCLUDING
 BUT NOT LIMITED TO LEACHATE FROM SOLID WASTE FACILITIES.
   F. "PFAS MONITORING" MEANS SAMPLING AND TESTING OF EFFLUENT  FOR  PFAS
 PRESENCE AND CONCENTRATION.
   2.  EVERY  COVERED INDUSTRIAL DISCHARGER OR POTW MAKING AN APPLICATION
 FOR A NEW SPDES PERMIT SHALL SUBMIT AS PART OF SUCH APPLICATION PROJECT-
 ED OR ESTIMATED RESULTS OF PFAS MONITORING.
   3. ALL NEW SPDES PERMITS ISSUED TO COVERED INDUSTRIAL  DISCHARGERS  OR
 POTWS  SHALL REQUIRE SUCH FACILITIES TO CONDUCT PFAS MONITORING AT LEAST
 QUARTERLY FOR ONE YEAR AND SUBMIT THE FIRST RESULTS OF  SUCH  MONITORING
 TO  THE  DEPARTMENT  WITHIN  NINETY  DAYS  OF  THE  COMMENCEMENT  OF THE
 DISCHARGE. IF ANY PFAS ARE DETECTED DURING THE  PFAS  MONITORING,  AT  A
 LEVEL  THAT  THE DEPARTMENT HAS DETERMINED WARRANTS CONTINUED MONITORING
 PURSUANT TO SUBDIVISION TEN OF THIS SECTION, THE DEPARTMENT SHALL MODIFY
 S. 4574--B                          3

 THE SPDES PERMIT OF THE COVERED INDUSTRIAL DISCHARGER OR POTW TO REQUIRE
 QUARTERLY PFAS MONITORING FOR THE DURATION OF THE PERMIT TERM.
   4.  EVERY  COVERED  INDUSTRIAL  DISCHARGER  OR POTW SEEKING TO RENEW A
 SPDES PERMIT SHALL, AS PART OF  ITS  RENEWAL  APPLICATION,  SUBMIT  PFAS
 MONITORING  RESULTS  TO  THE DEPARTMENT NOT LESS THAN ONE HUNDRED EIGHTY
 DAYS PRIOR TO THE EXPIRATION OF THE EXISTING SPDES PERMIT. IF  ANY  PFAS
 ARE  DETECTED  DURING THE PFAS MONITORING AT A LEVEL THAT THE DEPARTMENT
 HAS DETERMINED WARRANTS CONTINUED MONITORING PURSUANT TO SUBDIVISION TEN
 OF THIS SECTION, THE DEPARTMENT SHALL MODIFY THE SPDES PERMIT TO REQUIRE
 QUARTERLY PFAS MONITORING FOR THE DURATION OF THE PERMIT TERM.
   5. ANY COVERED INDUSTRIAL DISCHARGER OR POTW THAT IS LAWFULLY  OPERAT-
 ING  UNDER  AN  EXPIRED  OR  ADMINISTRATIVELY RENEWED SPDES PERMIT SHALL
 SUBMIT PFAS MONITORING RESULTS TO THE DEPARTMENT WITHIN  SIX  MONTHS  OF
 THE  EFFECTIVE  DATE  OF THIS SECTION AND AT LEAST ONCE EVERY FIVE YEARS
 THEREAFTER.
   6. A POTW SHALL REQUIRE ANY COVERED INDUSTRIAL USER SEEKING TO  INTRO-
 DUCE  INDUSTRIAL WASTEWATER INTO THE POTW TO CONDUCT PFAS MONITORING AND
 SUBMIT THE RESULTS OF SUCH MONITORING TO THE  POTW  AND  THE  DEPARTMENT
 PRIOR TO INTRODUCING INDUSTRIAL WASTEWATER TO THE POTW.
   7.  EVERY COVERED INDUSTRIAL USER INTRODUCING INDUSTRIAL WASTEWATER TO
 A POTW ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION,  AND  CONTINUING
 TO  DO SO AFTER SUCH EFFECTIVE DATE, SHALL CONDUCT PFAS MONITORING QUAR-
 TERLY FOR ONE YEAR. SUCH  COVERED  INDUSTRIAL  USERS  SHALL  SUBMIT  THE
 RESULTS  OF PFAS MONITORING QUARTERLY TO THE POTW AND THE DEPARTMENT AND
 SHALL SUBMIT THEIR FIRST MONITORING RESULTS WITHIN  ONE  HUNDRED  EIGHTY
 DAYS  OF THE EFFECTIVE DATE OF THIS SECTION. ANY COVERED INDUSTRIAL USER
 THAT DETECTS ANY PFAS AT A LEVEL  THAT  THE  DEPARTMENT  HAS  DETERMINED
 WARRANTS  CONTINUED  MONITORING  PURSUANT  TO  SUBDIVISION  TEN  OF THIS
 SECTION SHALL CONTINUE TO CONDUCT QUARTERLY PFAS MONITORING  AND  SUBMIT
 SUCH RESULTS TO THE POTW AND THE DEPARTMENT.
   8.  ALL PFAS MONITORING SHALL BE CONDUCTED USING A PFAS TESTING METHOD
 OR METHODS AUTHORIZED BY THE DEPARTMENT, INCLUDING BUT  NOT  LIMITED  TO
 THE  FEDERAL ENVIRONMENTAL PROTECTION AGENCY'S METHOD 1633. AS APPROPRI-
 ATE, THE DEPARTMENT SHALL AUTHORIZE ADDITIONAL METHODS THAT DETECT  MORE
 PFAS OR PFAS AT LOWER LEVELS.
   9.  THE  DEPARTMENT  SHALL MAKE PUBLICLY AVAILABLE ON THE DEPARTMENT'S
 WEBSITE ALL PFAS MONITORING  RESULTS  SUBMITTED  TO  THE  DEPARTMENT  BY
 COVERED  INDUSTRIAL  DISCHARGERS,  COVERED  INDUSTRIAL USERS, AND POTWS,
 INCLUDING ANY RESULTS SUBMITTED BY  SUCH  FACILITIES  WITHIN  SIX  YEARS
 PRIOR  TO  THE  EFFECTIVE  DATE  OF  THIS  SECTION. THE WEBSITE SHALL BE
 UPDATED AT LEAST EVERY  SIX  MONTHS  WITH  ALL  NEW  MONITORING  RESULTS
 RECEIVED.
   10.  FOR  AT  LEAST THE FORTY PFAS THAT CAN BE DETECTED BY THE FEDERAL
 ENVIRONMENTAL PROTECTION AGENCY'S METHOD 1633, THE DEPARTMENT SHALL SET,
 BY RULE OR REGULATION, DETECTION LEVELS THAT WARRANT CONTINUED  MONITOR-
 ING  AS  REQUIRED BY THIS SECTION. SUCH DETECTION LEVELS SHALL TAKE INTO
 ACCOUNT THE LATEST SCIENTIFIC EVIDENCE ON THE RISKS OF PFAS EXPOSURE.
   § 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 and directed to be made and  completed  on
 or before such effective date.