S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3296--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M.  of A. KELLES, L. ROSENTHAL, REYES, FAHY -- read once
   and referred to the Committee on Environmental Conservation -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07011-07-3
              

 A. 3296--A                          2
 
 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.
   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
 A. 3296--A                          3
 
 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.