BILL NUMBER: S9661

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the public health law, in relation to establishing maxi-
mum contaminant levels in drinking water for certain per- and polyfluo-
roalkyl substances (PFAS)

 
PURPOSE OR GENERAL IDEA OF BILL:

To amend the current maximum contaminant levels for PFOA and PFOS and
include additional types of PFAS (PFNA, PFHxS, HFPO-DA, and PFBS) in the
MCL and emerging contaminants list.

 
SUMMARY OF PROVISIONS:

Section one amends section 1112 of the public health law to add a new
subdivision 12-a to establish new maximum contaminant levels at 4 parts
per trillion for PFOS and PFOA. It also sets maximum contaminant levels
at 10 parts per trillion for PFNA, PFHxS, HFPO-DA, and PFBS.

              

Section two sets forth the effective date.

 
JUSTIFICATION:

PFAS is a group of chemicals with persistent, toxic effects on human
health, which have contaminated surface water and groundwater across New
York and throughout the country. These chemicals can enter the drinking
water supply through industrial releases in air, water, or soil; sewage
treatment plant discharge; land applications of contaminated sludge;
landfill leaching; and through the use of certain fire-fighting foams.
PFAS cannot be removed from water by boiling, and they are a major
threat to human health. According to the U.S. Centers for Disease
Control (CDC), four types of PFAS (PFOS, PFOA, PFHxS, and PFNA) have
been found in the blood serum in nearly all individuals who have been
tested. PFAS can build up over time and stay in the body for many years
after exposure.

The U.S. Environmental Protection Agency has not set a new drinking
water standard for a contaminant since 1996, leading to concern over
current regulatory oversight of the nation's water supply. New York
State already had drinking water contamination standards in place for
PFOA and PFOS set at 10 parts-per-trillion (PPT), however studies show
that no level of exposure to these two chemicals is without risk. This
bill would propose lowering the standard from 10 PPT to 4 PPT which
would allow for the lowest levels possible for a feasible, effective
implementation of the monitoring program. It also adds four other common
PFAS chemicals found in the water supply: PFNA, PFHxS, HFPO-DA, and
PFBS, setting them at 10 PPT.

In line with the EPA's new recommendation for testing, the bill would
address mixtures of PFAS. These mixtures may lead to combined health
impact meaning that one's risk of certain PFAS-related illnesses is
increased. New York's public water systems would be required to address
these concerns within an allotted time period and inform the public of
the level of PFAS measured in drinking water, with solutions to address
levels that exceed the contaminant standard.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
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 effec-
tive date are authorized to be made and completed on or before such
effective date.