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A09952 Summary:

BILL NOA09952B
 
SAME ASSAME AS S07880-B
 
SPONSORMcDonald
 
COSPNSRFahy, Steck, D'Urso, Thiele, Dickens, Darling, Epstein, Jacobson, Glick, Galef, Simon, Cahill, Lentol, Gottfried, Schmitt, DeStefano, Buttenschon, Rosenthal L, Otis, Griffin, Lawrence
 
MLTSPNSR
 
 
Prohibits the incineration of aqueous film-forming foam containing perfluoroalkyl and polyfluoroalkyl substances in certain cities.
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A09952 Actions:

BILL NOA09952B
 
02/28/2020referred to environmental conservation
05/22/2020amend (t) and recommit to environmental conservation
05/22/2020print number 9952a
06/06/2020amend (t) and recommit to environmental conservation
06/06/2020print number 9952b
06/06/2020reference changed to ways and means
06/09/2020reported referred to rules
06/09/2020reported
06/09/2020rules report cal.105
06/09/2020substituted by s7880b
 S07880 AMEND=B BRESLIN
 02/28/2020REFERRED TO ENVIRONMENTAL CONSERVATION
 05/21/2020AMEND (T) AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
 05/21/2020PRINT NUMBER 7880A
 06/06/2020AMEND (T) AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
 06/06/2020PRINT NUMBER 7880B
 06/08/2020ORDERED TO THIRD READING CAL.719
 06/09/2020PASSED SENATE
 06/09/2020DELIVERED TO ASSEMBLY
 06/09/2020referred to ways and means
 06/09/2020substituted for a9952b
 06/09/2020ordered to third reading rules cal.105
 06/09/2020passed assembly
 06/09/2020returned to senate
 11/11/2020DELIVERED TO GOVERNOR
 11/23/2002SIGNED CHAP.286
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A09952 Memo:

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.
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A09952 Text:



 
                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
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