Assembly Bill A9952

Signed By Governor
2019-2020 Legislative Session

Prohibits the incineration of aqueous film-forming foam containing perfluoroalkyl and polyfluoroalkyl substances in certain cities

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Sponsored By

Archive: Last Bill Status Via S7880 - Signed by Governor

  • 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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Bill Amendments

co-Sponsors

2019-A9952 - Details

Law Section:
Environmental Conservation Law
Laws Affected:
Add §27-0927, En Con L

2019-A9952 - Summary

Prohibits the incineration of aqueous film-forming foam containing perfluoroalkyl and polyfluoroalkyl substances in certain cities.

2019-A9952 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9952
 
                           I N  A S S E M B L Y
 
                             February 28, 2020
                                ___________
 
 Introduced  by  M. of A. McDONALD, FAHY, STECK -- read once and referred
   to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting  the incineration of aqueous film-forming foam and associ-
   ated perfluorocarbon components
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 27-0927 to read as follows:
 § 27-0927. INCINERATION OF  AQUEOUS  FILM-FORMING  FOAM  AND  ASSOCIATED
              PERFLUOROCARBON COMPONENTS PROHIBITED.
   1.  NO  PERSON,  PARTNERSHIP,  LIMITED LIABILITY COMPANY, CORPORATION,
 JOINT VENTURE, ASSOCIATION, GOVERNMENT, OR ANY OTHER LEGAL ENTITY OR ANY
 AGENCY OR EMPLOYEE THEREOF SHALL CAUSE ANY OBJECT OR SUBSTANCE  CONTAIN-
 ING  AQUEOUS FILM-FORMING FOAM AND ASSOCIATED PERFLUOROCARBON COMPONENTS
 TO BE INCINERATED ANYWHERE IN THE STATE. THE COMMISSIONER MAY PROMULGATE
 ANY RULES OR REGULATIONS HE OR SHE MAY DEEM NECESSARY IN ORDER TO  CARRY
 OUT THE PROVISIONS OF THIS SECTION.
   2.  FOR  THE PURPOSES OF THIS SECTION "INCINERATION" SHALL INCLUDE BUT
 IS NOT LIMITED TO BURNING, COMBUSTION, PYROLYSIS, GASIFICATION,  THERMAL
 OXIDATION   (INCLUDING   FLAMELESS   AND   REGENERATIVE),  ACID-RECOVERY
 FURNACE/OXIDIZER, ORE ROASTER, CEMENT KILN, LIGHTWEIGHT AGGREGATE  KILN,
 INDUSTRIAL  FURNACE,  BOILER,  PROCESS HEATER. THIS PROHIBITION DOES NOT
 APPLY TO NON-COMBUSTION PROCESSES USING HIGH TEMPERATURE  AND  PRESSURES
 COUPLED WITH WATER INCLUDING HYDROTHERMAL OXIDIZATION.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15624-01-0

co-Sponsors

2019-A9952A - Details

Law Section:
Environmental Conservation Law
Laws Affected:
Add §27-0927, En Con L

2019-A9952A - Summary

Prohibits the incineration of aqueous film-forming foam containing perfluoroalkyl and polyfluoroalkyl substances in certain cities.

2019-A9952A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9952--A
 
                           I N  A S S E M B L Y
 
                             February 28, 2020
                                ___________
 
 Introduced  by  M. of A. McDONALD, FAHY, STECK, D'URSO, THIELE, DICKENS,
   DARLING, EPSTEIN, JACOBSON, GLICK, GALEF, SIMON, CAHILL, LENTOL, GOTT-
   FRIED, SCHMITT, DeSTEFANO -- 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
   prohibiting  the  incineration of aqueous film-forming foam containing
   perfluoroalkyl and polyfluoroalkyl substances
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 27-0927 to read as follows:
 § 27-0927. INCINERATION OF AQUEOUS FILM-FORMING FOAM CONTAINING PERFLUO-
              ROALKYL AND POLYFLUOROALKYL SUBSTANCES PROHIBITED.
   1. THE DISPOSAL BY INCINERATION  OF  AQUEOUS  FILM-FORMING  FOAM  THAT
 CONTAINS  PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES SHALL BE PROHIB-
 ITED IN THE STATE OF NEW YORK. THE COMMISSIONER MAY PROMULGATE ANY RULES
 OR REGULATIONS HE OR SHE MAY DEEM NECESSARY IN ORDER TO  CARRY  OUT  THE
 PROVISIONS OF THIS SECTION.
   2. FOR THE PURPOSES OF THIS SECTION:
   (A) "INCINERATION" INCLUDES BUT IS NOT LIMITED TO BURNING, COMBUSTION,
 PYROLYSIS,  GASIFICATION,  THERMAL  OXIDATION  (INCLUDING  FLAMELESS AND
 REGENERATIVE), ACID RECOVERY FURNACE/OXIDIZER, ORE ROASTER, CEMENT KILN,
 LIGHTWEIGHT AGGREGATE KILN, INDUSTRIAL FURNACE, BOILER AND PROCESS HEAT-
 ER; AND
   (B) "PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES" MEANS A  CLASS  OF
 FLUORINATED  ORGANIC CHEMICALS CONTAINING AT LEAST ONE FULLY FLUORINATED
 CARBON ATOM.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15624-04-0

co-Sponsors

2019-A9952B (ACTIVE) - Details

Law Section:
Environmental Conservation Law
Laws Affected:
Add §27-0927, En Con L

2019-A9952B (ACTIVE) - Summary

Prohibits the incineration of aqueous film-forming foam containing perfluoroalkyl and polyfluoroalkyl substances in certain cities.

2019-A9952B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9952--B
 
                           I N  A S S E M B L Y
 
                             February 28, 2020
                                ___________
 
 Introduced  by  M. of A. McDONALD, FAHY, STECK, D'URSO, THIELE, DICKENS,
   DARLING, EPSTEIN, JACOBSON, GLICK, GALEF, SIMON, CAHILL, LENTOL, GOTT-
   FRIED, SCHMITT, DeSTEFANO -- read once and referred to  the  Committee
   on  Environmental  Conservation -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   again  reported from said committee with amendments, ordered reprinted
   as amended and recommitted to said committee
 
 AN  ACT  prohibiting  the  incineration  of  aqueous  film-forming  foam
   containing  perfluoroalkyl  and  polyfluoroalkyl substances in certain
   cities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  1.  The  disposal by incineration of aqueous film-forming
 foam that contains perfluoroalkyl and polyfluoroalkyl  substances  shall
 be prohibited in a city with an environmental justice area designated by
 the  department  of  environmental  conservation and a population of not
 less than sixteen thousand and not more than  seventeen  thousand  based
 upon  the  two thousand ten federal census. The commissioner of environ-
 mental conservation may promulgate any rules or regulations  he  or  she
 may deem necessary in order to carry out the provisions of this act.
   2. For the purposes of this act:
   (a) "incineration" includes but is not limited to burning, combustion,
 pyrolysis,  gasification,  thermal  oxidation  (including  flameless and
 regenerative), acid recovery furnace/oxidizer, ore roaster, cement kiln,
 lightweight aggregate kiln, industrial furnace, boiler and process heat-
 er; and
   (b) "perfluoroalkyl and polyfluoroalkyl substances" means a  class  of
 fluorinated  organic chemicals containing at least one fully fluorinated
 carbon atom.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15624-06-0

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