New York A 4373: Relates to regulation of PFAS as a toxic air pollutant

Bill Text

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A04373 Summary:

BILL NOA04373 

&nbsp

SAME ASSAME AS S01493

&nbsp

SPONSORTapia

&nbsp

COSPNSRGallagher, Shimsky, Epstein, Levenberg, Alvarez, Carroll P, Forrest, Shrestha, Seawright,
 Rosenthal, Jacobson, Hyndman, Raga, Reyes, McDonald, Cruz, Paulin

&nbsp

MLTSPNSR

&nbsp

Add §19-0333, En Con L

&nbsp

Relates to regulation of PFAS as a toxic air pollutant; requires the department to ensure certain process operations use appropriate control technology for PFAS emissions; establishes a fence line monitoring program to monitor PFAS emissions in disadvantaged communities, to provide public reports, and related duties.

Go to top A04373 Actions:

BILL NOA04373 

&nbsp

02/04/2025referred to environmental conservation

01/07/2026referred to environmental conservation

Go to topA04373 Committee&nbspVotes:

Go to topA04373 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04373 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4373

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. TAPIA, GALLAGHER, SHIMSKY -- read once and
 referred to the Committee on Environmental Conservation

 AN ACT to amend the environmental conservation law, in relation to regu-
 lation of PFAS as a toxic air pollutant

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Legislative findings and intent. Per- and polyfluorinated
 2 substances (PFAS) are a class of persistent and highly toxic chemicals
 3 responsible for a pollution crisis impacting communities across the
 4 globe. Exposure to these chemicals is wide-ranging, from the water we
 5 drink to the food we eat to the clothes we wear to the products we use
 6 in the home. New York communities have been impacted through contam-
 7 inated drinking water supplies, and much of the regulatory focus has
 8 been on establishing drinking water quality standards for these chemi-
 9 cals and prohibiting these substances in products, such as food packag-
 10 ing, apparel, and firefighting foam. However, our biggest polluting
 11 facilities, including incinerators, landfills, and manufacturing facili-
 12 ties, are not required to address PFAS entering the environment through
 13 air pathways. Communities, particularly those within the vicinity of a
 14 polluting facility, may be experiencing additional and compounded expo-
 15 sure to PFAS through air and soil as a result of unregulated air emis-
 16 sions. These air emissions are also likely playing a role in surface
 17 water contamination across the state.
 18 § 2. The environmental conservation law is amended by adding a new
 19 section 19-0333 to read as follows:
 20 § 19-0333. PFAS as a toxic air pollutant.
 21 1. Definitions. For the purposes of this section, the following terms
 22 shall have the following meanings:
 23 a. "Adjacent to" means within a radius of one mile.
 24 b. "Disadvantaged community" shall have the same meaning as defined by
 25 subdivision five of section 75-0101 of this chapter.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00505-01-5

 A. 4373 2

 1 c. "Fence line" means the property boundary of a known, major, or
 2 minor source.
 3 d. "High toxicity air contaminant" shall have the same meaning as
 4 defined by the commissioner in 6 NYCRR 212-1.2, as amended, or any
 5 successor rule or regulation.
 6 e. "Impacted community" means a community that has been known or
 7 suspected to be impacted by PFAS contamination through water, soil, or
 8 other means.
 9 f. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" shall
 10 mean a class of fluorinated organic chemicals containing at least one
 11 fully fluorinated carbon atom.
 12 g. "Process operations" shall have the same meaning as defined by the
 13 commissioner in 6 NYCRR 212-1.2, as amended, or any successor rule or
 14 regulation.
 15 2. Promulgation of PFAS as a high toxicity air contaminant.
 16 a. Within ninety days of the effective date of this section, the
 17 department shall promulgate rules and/or regulations defining PFAS as a
 18 high toxicity air contaminant.
 19 b. The department shall ensure that process operations not u