NY State Senate Bill 2017-S8575

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2018	referred to finance

co-Sponsors

2017-S8575 (ACTIVE) - Details

See Assembly Version of this Bill:: A11181
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §159-b, Exec L
Versions Introduced in 2019-2020 Legislative Session:: S439, A445

2017-S8575 (ACTIVE) - Summary

Relates to reducing the use of PFAS chemicals in firefighting activities.

2017-S8575 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8575

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the executive law, in relation to reducing the use of
PFAS chemicals in firefighting activities

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new section 159-b to the executive law.
Subdivision 1 sets definitions of chemical plant, class B firefighting
foam, firefighting personal protective equipment, local governments,
manufacturer, perfluoroalkyl and polyfluoroalkyl substances or PFAS
chemicals, person, and terminal

Subdivision 2 states that no person, local government, or state agency
may discharge or otherwise use for training purposes class B firefight-
ing foam that contains intentionally added PFAS chemicals.  Subdivision
3 states that beginning two years after the effective date, manufactur-
ers may not manufacture, sell, or distribute class B firefighting foam
that contains intentionally added PFAS chemicals.  This subdivision does

not apply to use by a person at a terminal, oil refinery, or chemical
plant, and makes provisions for federal laws.  Manufacturers must noti-
fy, in writing, persons that sell their products about this subdivision
within one year of implementation, and shall recall any existing
products prior to implementation.

Subdivision 4 requires manufacturers or persons who sell firefighting
personal protective equipment to provide written notice to the purchaser
at the time of sale if the equipment contains PFAS chemical and the
reason why PFAS chemicals are added to the equipment, and such notice
shall be retained for at least three years.

Subdivision 5 allows the office of fire prevention and control to
request a certificate of compliance from a manufacturer of class B fire-
fighting foam or firefighting personal protective equipment attesting to
the manufacturer's compliance with this section.

Subdivision 6 requires the office of fire prevention and control to
promulgate regulations to provide guidance to state agencies and local
governments to avoid the purchase or use of class B firefighting foam or
firefighting personal protective equipment.

Subdivision 7 sets a civil penalty of $5,000 to any manufacturer or
person in violation of this section for each first offense.  Manufactur-
ers, local governments, or persons that are repeat violators are subject
to a $10,000 civil penalty for each repeat offense. Penalties collected
shall be deposited in the hazardous waste remedial fund.

Section 2 sets the effective date.

 
JUSTIFICATION:

The chemicals PFOA and PFOS have come under scrutiny in New York over
the last several years due to water contamination cases. While existing
federal and state efforts to regulate PFOA and PFOS are critical, there
is a troubling gap in these efforts. PFOA and PFOS are part of a class
of man-made chemicals called PFAS, or perfluoroalkyl and polyfluoroalkyl
chemicals. Regulations on PFOA and PFOS do not address less common chem-
icals in the PFAS family that could pose similar and unknown human
health impacts, not to mention the potential for new PFAS chemicals to
be developed in the future.

This bill ban PFAS chemicals in firefighting foam used and manufactured
in New York. Chemicals that are similar in chemical makeup to chemicals
we know to be harmful should not be automatically approved for use,
because it is likely they also lead to harmful health impacts. Rather,
we should utilize a precautionary principle and prohibit the use of all
PFAS chemicals in firefighting foam.

New York's recent water contamination cases have brought public atten-
tion to the harms of PFOA and PFOS. In Hoosick Falls and Petersburgh,
PFOA was used in local factories to manufacture Teflon (non-stick
surfaces) and waste product including the chemical entered the local
water supply. In Newburgh and Suffolk County, PFOS was used in fire-
fighting foam that seeped into the groundwater through firefighting and
training activities. In these communities, residents have demonstrated
high levels of these chemicals in their blood, and have experienced
health impacts including kidney cancer, testicular cancer, thyroid
disease, and birth defects, which studies have linked to these chemi-
cals.

The attention to PFOA and PFOS has led to some recent federal and state
regulatory action. The U.S. Environmental Protection Agency (EPA) first
issued provisional health advisories for PFOA and PFOS in 2009, and
followed up with lifetime health advisories in 2016.  However, it has
not established national drinking water standards.  Under the provisions
of the Fiscal Year 2017-2018 New York State budget, New York's Drinking
Water Council is undergoing a review of chemicals including PFOA and
PFOS with the stated goal of setting strong enforceable limits on the
chemicals. In April 2016, the New York State Department of Environmental
Conservation issued an emergency rule that added PFOA-acid, PFOA-salt,
PFOS-acid, and PFOS-salt to the state's list of hazardous substances,
with particular attention to their use in class 8 firefighting foams.
Finally, over the last dozen years, many companies agreed to voluntarily
phase out their use of PFOA and PFOS, though their use continues in
limited forms today.

The case of Wilmington, North Carolina offers a case in point about the
need for stronger action on chemicals in the broader PFAS family.
There, a chemical in the PFAS family called GenX was found in the water
supply as a result of contamination from a local plant (Chemours, an
offshoot of DuPont) that manufactured the chemical.  According to
DuPont, GenX was developed as a safer alternative to PFOA, which it had
phased out due to environmental health concerns.  However, studies
submitted to the U.S. EPA by DuPont showed that GenX caused tumors and
reproductive problems in lab animals. Residents and local officials are
rightly alarmed.

Firefighting foam is a key place to look for PFAS chemicals, as PFOS was
identified in the foam in New York. PFAS-based class B firefighting
foams have been used since the 1970s for vapor suppression, firefight-
ing, and firefighting training at airports, refineries, bulk storage
terminals, and other facilities handling large volumes of flammable
liquid petroleum or natural gas. PFAS chemicals are used in these foam
products because of their ability to produce a fast spreading foam. PFAS
chemicals in class B firefighting foam can seep into groundwater and
contaminate drinking water sources. Further, PFAS chemicals have been
identified in many types of outdoor clothing.

This bill would ban the entire class of PFAS chemicals from class B
firefighting foam used and manufactured in New York. It also requires
written notification of any PFAS chemicals found in personal protective
firefighting equipment (such as jackets, pants, and helmets) at the time
of sale. The Office of Fire Prevention and Control is instructed to
assist state and local government agencies in complying with this bill.
Finally, the bill establishes civil penalties for any violations which
shall be deposited into the hazardous waste remedial fund. Washington
State signed similar legislation into law in April 2018.

In order to protect the health and safety of New Yorkers, we must take
an aggressive approach by prohibiting the use of all PFAS chemicals in
firefighting foams.

 
LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become
law.

2017-S8575 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8575
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law, in relation to reducing  the  use  of
   PFAS chemicals in firefighting activities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The executive law is amended by adding a new section  159-b
 to read as follows:
   §  159-B. RESTRICTIONS ON THE USE OF FIREFIGHTING EQUIPMENT CONTAINING
 PFAS CHEMICALS. 1. AS USED IN THIS SECTION, UNLESS THE  CONTEXT  CLEARLY
 REQUIRES OTHERWISE:
   (A) "CHEMICAL PLANT" MEANS A LARGE INTEGRATED PLANT OR THAT PORTION OF
 SUCH A PLANT OTHER THAN A REFINERY OR DISTILLERY WHERE FLAMMABLE LIQUIDS
 ARE PRODUCED BY CHEMICAL REACTIONS OR USED IN CHEMICAL REACTIONS.
   (B)  "CLASS  B  FIREFIGHTING  FOAM" MEANS FOAMS DESIGNED TO EXTINGUISH
 FLAMMABLE LIQUID FIRES.
   (C) "FIREFIGHTING PERSONAL PROTECTIVE EQUIPMENT"  MEANS  ANY  CLOTHING
 DESIGNED,  INTENDED, OR MARKETED TO BE WORN BY FIREFIGHTING PERSONNEL IN
 THE PERFORMANCE OF THEIR DUTIES, DESIGNED WITH THE INTENT FOR THE USE IN
 FIREFIGHTING AND RESCUE ACTIVITIES,  INCLUDING  JACKETS,  PANTS,  SHOES,
 GLOVES, HELMETS, AND RESPIRATORY EQUIPMENT.
   (D)   "LOCAL  GOVERNMENTS"  INCLUDES  ANY  COUNTY,  CITY,  TOWN,  FIRE
 DISTRICT, REGIONAL FIRE PROTECTION AUTHORITY, OR OTHER  SPECIAL  PURPOSE
 DISTRICT THAT PROVIDES FIREFIGHTING SERVICES.
   (E)  "MANUFACTURER"  INCLUDES  ANY PERSON, FIRM, ASSOCIATION, PARTNER-
 SHIP, CORPORATION, ORGANIZATION, JOINT  VENTURE,  IMPORTER  OR  DOMESTIC
 DISTRIBUTOR OF FIREFIGHTING AGENTS OR FIREFIGHTING EQUIPMENT.
   (F)  "PERFLUOROALKYL  AND  POLYFLUOROALKYL SUBSTANCES" OR "PFAS CHEMI-
 CALS" MEANS, FOR THE PURPOSES OF FIREFIGHTING  AGENTS  AND  FIREFIGHTING
 EQUIPMENT,  A CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING AT LEAST
 ONE FULLY FLUORINATED CARBON ATOM.
   (G) "PERSON" MEANS ANY INDIVIDUAL, PARTNERSHIP, ASSOCIATION, PUBLIC OR
 PRIVATE CORPORATION, LIMITED LIABILITY COMPANY  OR  ANY  OTHER  TYPE  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15627-02-8

 S. 8575                             2
 
 LEGAL OR COMMERCIAL ENTITY, INCLUDING THEIR MEMBERS, MANAGERS, PARTNERS,
 DIRECTORS, OR OFFICERS.
   (H) "TERMINAL" MEANS A FUEL STORAGE AND DISTRIBUTION FACILITY THAT HAS
 BEEN ASSIGNED A TERMINAL CONTROL NUMBER BY THE INTERNAL REVENUE SERVICE.
   2.  NO  PERSON,  LOCAL  GOVERNMENT,  OR  STATE AGENCY MAY DISCHARGE OR
 OTHERWISE USE FOR TRAINING  PURPOSES  CLASS  B  FIREFIGHTING  FOAM  THAT
 CONTAINS   INTENTIONALLY   ADDED   PERFLUOROALKYL   AND  POLYFLUOROALKYL
 SUBSTANCES (PFAS CHEMICALS).
   3. (A) COMMENCING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS  SECTION,
 NO  MANUFACTURER OF CLASS B FIREFIGHTING FOAM MAY MANUFACTURE, KNOWINGLY
 SELL, OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE IN THIS
 STATE CLASS B FIREFIGHTING FOAM TO WHICH PERFLUOROALKYL AND  POLYFLUORO-
 ALKYL  SUBSTANCES  (PFAS CHEMICALS) HAVE BEEN INTENTIONALLY ADDED EXCEPT
 AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION.
   (B) THE RESTRICTIONS IN PARAGRAPH (A) OF THIS  SUBDIVISION  SHALL  NOT
 APPLY  TO THE MANUFACTURE, SALE, OR DISTRIBUTION OF CLASS B FIREFIGHTING
 FOAM:
   (1) TO A PERSON FOR USE AT A TERMINAL OPERATED BY THE PERSON OR AN OIL
 REFINERY OPERATED BY THE PERSON;
   (2) TO A PERSON FOR USE AT A CHEMICAL PLANT OPERATED BY THE PERSON; OR
   (3) WHERE THE INCLUSION OF PFAS CHEMICALS ARE REQUIRED BY FEDERAL LAW,
 INCLUDING BUT NOT LIMITED TO THE REQUIREMENTS OF 1421 C.F.R. 139.317, AS
 THAT SECTION EXISTS AS OF THE EFFECTIVE DATE OF  THIS  SECTION.  IN  THE
 EVENT  THAT  APPLICABLE  FEDERAL  REGULATIONS CHANGE AFTER THE EFFECTIVE
 DATE OF THIS SECTION TO ALLOW THE USE OF ALTERNATIVE FIREFIGHTING AGENTS
 THAT DO NOT CONTAIN PFAS CHEMICALS, THE OFFICE OF  FIRE  PREVENTION  AND
 CONTROL  MAY  ADOPT  RULES THAT RESTRICT PFAS CHEMICALS FOR THE MANUFAC-
 TURE, SALE, AND DISTRIBUTION OF FIREFIGHTING  FOAM  FOR  USES  THAT  ARE
 ADDRESSED BY THE FEDERAL REGULATION.
   (C)  (1)  A MANUFACTURER OF CLASS B FIREFIGHTING FOAM RESTRICTED UNDER
 THIS SUBDIVISION  SHALL  NOTIFY,  IN  WRITING,  PERSONS  THAT  SELL  THE
 MANUFACTURER'S  PRODUCTS  IN  THIS  STATE  ABOUT  THE PROVISIONS OF THIS
 SECTION NO LESS THAN ONE YEAR PRIOR TO THE IMPLEMENTATION  DATE  OF  THE
 RESTRICTIONS SET FORTH IN THIS SUBDIVISION.
   (2)  A  MANUFACTURER  THAT  PRODUCES,  SELLS, OR DISTRIBUTES A CLASS B
 FIREFIGHTING FOAM PROHIBITED UNDER THIS  SUBDIVISION  SHALL  RECALL  THE
 PRODUCT  PRIOR  TO THE IMPLEMENTATION DATE OF THE RESTRICTIONS SET FORTH
 IN THIS SUBDIVISION AND REIMBURSE THE RETAILER OR  ANY  OTHER  PURCHASER
 FOR THE PRODUCT.
   4. (A) A MANUFACTURER OR OTHER PERSON THAT SELLS FIREFIGHTING PERSONAL
 PROTECTIVE  EQUIPMENT  TO  ANY PERSON, LOCAL GOVERNMENT, OR STATE AGENCY
 MUST PROVIDE WRITTEN NOTICE TO THE PURCHASER AT THE TIME OF SALE IF  THE
 FIREFIGHTING  PERSONAL PROTECTIVE EQUIPMENT CONTAINS PFAS CHEMICALS. THE
 WRITTEN NOTICE MUST INCLUDE A STATEMENT THAT THE  FIREFIGHTING  PERSONAL
 PROTECTIVE  EQUIPMENT CONTAINS PFAS CHEMICALS AND THE REASON PFAS CHEMI-
 CALS ARE ADDED TO THE EQUIPMENT.
   (B) THE MANUFACTURER OR PERSON SELLING FIREFIGHTING  PERSONAL  PROTEC-
 TIVE EQUIPMENT AND THE PURCHASER OF THE EQUIPMENT MUST RETAIN THE NOTICE
 ON  FILE FOR AT LEAST THREE YEARS FROM THE DATE OF THE TRANSACTION. UPON
 THE REQUEST OF THE OFFICE OF FIRE  PREVENTION  AND  CONTROL,  A  PERSON,
 MANUFACTURER,  OR  PURCHASER MUST FURNISH THE NOTICE, OR WRITTEN COPIES,
 AND ASSOCIATED SALES DOCUMENTATION TO THE OFFICE OF FIRE PREVENTION  AND
 CONTROL WITHIN SIXTY DAYS.
   5. THE OFFICE OF FIRE PREVENTION AND CONTROL MAY REQUEST A CERTIFICATE
 OF  COMPLIANCE FROM A MANUFACTURER OF CLASS B FIREFIGHTING FOAM OR FIRE-

 S. 8575                             3
 
 FIGHTING PERSONAL PROTECTIVE EQUIPMENT ATTESTING TO  THE  MANUFACTURER'S
 COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
   6.  THE  OFFICE  OF FIRE PREVENTION AND CONTROL SHALL PROMULGATE REGU-
 LATIONS TO PROVIDE GUIDANCE TO STATE AGENCIES, FIRE PROTECTION DISTRICTS
 AND LOCAL GOVERNMENTS IN AVOIDING THE PURCHASE OR USE OF CLASS  B  FIRE-
 FIGHTING FOAMS TO WHICH PFAS CHEMICALS HAVE BEEN INTENTIONALLY ADDED AND
 TO GIVE PRIORITY AND PREFERENCE TO THE PURCHASE OF FIREFIGHTING PERSONAL
 PROTECTIVE EQUIPMENT THAT DOES NOT CONTAIN PFAS CHEMICALS.
   7.  ANY  MANUFACTURER OR PERSON IN VIOLATION OF THE PROVISIONS OF THIS
 SECTION SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE  THOUSAND
 DOLLARS  FOR  EACH VIOLATION IN THE CASE OF A FIRST OFFENSE. MANUFACTUR-
 ERS, LOCAL GOVERNMENTS, OR PERSONS THAT  ARE  REPEAT  VIOLATORS  OF  THE
 PROVISIONS  OF  THIS  SECTION SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO
 EXCEED TEN THOUSAND DOLLARS FOR EACH REPEAT OFFENSE. PENALTIES COLLECTED
 UNDER THIS SECTION SHALL BE DEPOSITED IN THE  HAZARDOUS  WASTE  REMEDIAL
 FUND CREATED BY SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW.
   §  2.  This  act shall take effect on the ninetieth day 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.

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Senate Bill S8575

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

2017-S8575 (ACTIVE) - Details

2017-S8575 (ACTIVE) - Summary

2017-S8575 (ACTIVE) - Sponsor Memo

2017-S8575 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8575

Share this bill

Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

Brian Kavanagh

2017-S8575 (ACTIVE) - Details

2017-S8575 (ACTIVE) - Summary

2017-S8575 (ACTIVE) - Sponsor Memo

2017-S8575 (ACTIVE) - Bill Text download pdf

Comments