NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9952B
SPONSOR: McDonald
 
TITLE OF BILL:
An act prohibiting the incineration of aqueous film-forming foam
containing perfluoroalkyl and polyfluoroalkyl substances in certain
cities
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to prohibit the incineration of firefighting
foam in certain urban areas.
 
SUMMARY OF PROVISIONS:
This bill would prohibit the incineration of aqueous film forming foam
containing perfluorocarbon components in cites that meet certain popu-
lation criteria and contain environmental justice areas designated by
the Department of Environmental Conservation.
 
JUSTIFICATION:
The EPA released a technical brief in July 2019 that stated the follow-
ing "Determining the appropriate method for ultimate disposal of PFAS
wastes is a complex issue due to their volatility, solubility and envi-
ronmental mobility and persistence. PFAS compounds are difficult to
break down due to flourine's electronegativity and the chemical stabili-
ty of fluorinated compounds. Incomplete destruction of PFAS compounds
can result in the formation of smaller PFAS products, or products of
incomplete combustion (PICSs), which may not have been researched and
thus could be a potential chemical of concern...The effectiveness of
incineration to destroy PEAS compounds and the tendency for formation of
fluorinated or mixed halogenated organic byproducts is not well under-
stood." https://www.epa.govichemical- research/technicalbrief-
andpolvfluoroalkyl- substances-pfas-incinerationmanage-pfas-waste
In February 2020, a federal lawsuit was brought against the'United
States Department of Defense due to concerns raised regarding the safety
and potential impacts of incinerating PFAS chemicals. To ensure that the
public health and safety is protected, this bill would suspend the
incineration of firefighting foam that contains PEAS chemicals in urban
areas already designated by the Department of Environmental Conservation
as environmental justice areas.
 
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9952--B
IN ASSEMBLY
February 28, 2020
___________
Introduced by M. of A. McDONALD, FAHY, STECK, D'URSO, THIELE, DICKENS,
DARLING, EPSTEIN, JACOBSON, GLICK, GALEF, SIMON, CAHILL, LENTOL, GOTT-
FRIED, SCHMITT, DeSTEFANO -- read once and referred to the Committee
on Environmental Conservation -- 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 prohibiting the incineration of aqueous film-forming foam
containing perfluoroalkyl and polyfluoroalkyl substances in certain
cities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. 1. The disposal by incineration of aqueous film-forming
2 foam that contains perfluoroalkyl and polyfluoroalkyl substances shall
3 be prohibited in a city with an environmental justice area designated by
4 the department of environmental conservation and a population of not
5 less than sixteen thousand and not more than seventeen thousand based
6 upon the two thousand ten federal census. The commissioner of environ-
7 mental conservation may promulgate any rules or regulations he or she
8 may deem necessary in order to carry out the provisions of this act.
9 2. For the purposes of this act:
10 (a) "incineration" includes but is not limited to burning, combustion,
11 pyrolysis, gasification, thermal oxidation (including flameless and
12 regenerative), acid recovery furnace/oxidizer, ore roaster, cement kiln,
13 lightweight aggregate kiln, industrial furnace, boiler and process heat-
14 er; and
15 (b) "perfluoroalkyl and polyfluoroalkyl substances" means a class of
16 fluorinated organic chemicals containing at least one fully fluorinated
17 carbon atom.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15624-06-0