BILL NUMBER: S3207A
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the public health law, in relation to establishing maxi-
mum contaminant levels and a hazard index in drinking water for certain
per- and polyfluoroalkyl substances (PFAS)
 
PURPOSE OR GENERAL IDEA OF BILL:
The bill establishes new maximum contaminant levels for several types of
common PFAS compounds and creates a hazard index to address cumulative
exposure to multiple per- and polyfluoroalkyl substances.
 
SUMMARY OF PROVISIONS:
Section one amends section 1112 of the public health law to add a new
subdivision 12-a. This requires the commissioner to set new new maximum
contaminant levels at 4 parts per trillion for PFOS and PFOA, and 10
parts per trillion for PFNA, PFHxS, and HFPO-DA. The commissioner must
also establish a hazard index for PFAS and include, at minimum, PFNA,
PFHxS, HFPO-DA, and PFBS. The compliance deadline of May 1, 2029 is set
to require all public water systems adhere to the new standards.
Section two sets forth the effective date.
 
JUSTIFICATION:
PFAS is a group of manmade chemicals with persistent, toxic effects on
human health, which have contaminated surface water and groundwater
across New York State and 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 contam-
inated sludge; landfill leaching; and through the use of certain fire-
fighting foams. PFAS cannot be removed from water by boiling which caus-
es major concerns for human health. According to the CDC, four types of
PFAS (PFOS, PFOA, PFHxS, and PFNA) have been found in the serum (part of
blood) 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 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 allows
for the lowest levels possible for a feasible, effective implementation
of the monitoring program. It adds four other common PFAS chemicals
found in the water supply: PFNA, PFHxS, and HFPO-DA, setting them at 10
PPT. It would also require the Department of Health to establish a
Hazard Index for PFAS, which would cover PFNA, PFHxS, GenX, and PFBS, to
protect New Yorkers from low level of multiple PFAS in their water when
each of those PFAS do not reach a level that exceeds any individual PFAS
MCL. Water utility companies would be given until 2029 to comply with
these new drinking water standards.
 
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.

Statutes affected:
S3207: 1112 public health law
S3207A: 1112 public health law