Establishes maximum contaminant levels in drinking water for certain per- and polyfluoroalkyl substances (PFAS); sets such levels at no higher than 4 parts per trillion (ppt) for perfluorooctane sulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) and no higher than 10 parts per trillion (ppt) for perfluorononanoic acid (PFNA), perfluorohexane sulfonate (PFHxS), and hexafluoropropylene oxide dimer acid (HFPO-DA).
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8634B
SPONSOR: Lee 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 requires the Department of Health to report
what additional requirements are warranted to address cumulative expo-
sure 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 lower the maximum
contaminant levels for PFOS and PFOA to 4 parts per trillion and estab-
lish maximum contaminant levels at 10 parts per trillion for PFNA,
PFHxS, and HFPO-DA. The commissioner must also report what additional
requirements are warranted to address cumulative exposure to multiple
per- and polyfluoroalkyl substances. The compliance deadline of May 1,
2029 is set to require all public water systems adhere to the new stand-
ards.
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 report to the
Governor and Legislature what requirements are warranted to address
cumulative exposure to these substances. 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.
STATE OF NEW YORK
________________________________________________________________________
8634--B
2025-2026 Regular Sessions
IN ASSEMBLY
May 22, 2025
___________
Introduced by M. of A. LEE, LASHER, McDONALD, SHRESTHA, ROSENTHAL,
REYES, COLTON, GALLAGHER, BENDETT, LEVENBERG, RAJKUMAR, SCHIAVONI,
BORES, SEAWRIGHT, BRONSON, MORENO, SHIMSKY, WRIGHT, MAGNARELLI, DILAN,
K. BROWN -- read once and referred to the Committee on Health --
recommitted to the Committee on Health in accordance with Assembly
Rule 3, sec. 2 -- 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 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)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1112 of the public health law is amended by adding
2 a new subdivision 12-a to read as follows:
3 12-a. a. The commissioner shall:
4 (i) modify the existing maximum contaminant level for perfluorooctane
5 sulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) to be no higher
6 than 4 parts per trillion; and
7 (ii) establish a maximum contaminant level no higher than 10 parts per
8 trillion (ppt) for perfluorononanoic acid (PFNA), perfluorohexane sulfo-
9 nate (PFHxS), and hexafluoropropylene oxide dimer acid (HFPO-DA, also
10 known as GenX).
11 b. The commissioner shall determine and report to the governor and the
12 legislature by May first, two thousand twenty-eight, what additional
13 requirements, if any, are warranted to address cumulative exposure to
14 multiple per- and polyfluoroalkyl substances, including but not limited
15 to, the substances listed in paragraph a of this subdivision.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06979-06-6
A. 8634--B 2
1 c. The commissioner shall require that public water systems comply
2 with the requirements of the maximum contaminant levels required by this
3 subdivision by May first, two thousand twenty-nine.
4 § 2. This act shall take effect one year after it shall have become a
5 law. Effective immediately, the addition, amendment and/or repeal of any
6 rule or regulation necessary for the implementation of this act on its
7 effective date are authorized to be made and completed on or before such
8 effective date.
