Directs the department of environmental conservation to establish a perfluoroalkyl and polyfluoroalkyl substances removal treatment installation grant program, providing a one-time grant to private well users for the installation of PFAS treatment or service connection to a public water system; directs the department of environmental conservation to establish a perfluoroalkyl and polyfluoroalkyl substances removal treatment maintenance rebate program, providing a rebate to private well users for the maintenance of PFAS treatment equipment.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A216
SPONSOR: Burdick TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
directing the department of environmental conservation to establish a
perfluoroalkyl and polyfluoroalkyl substances removal treatment instal-
lation grant program and a perfluoroakyl and polyfluoroalkyl substances
removal treatment maintenance rebate program
PURPOSE::
Directs the department of environmental conservation to establish an
installation grant program and a maintenance rebate program for PFAS
removal treatment.
SUMMARY OF PROVISIONS::
Section 1 amends the environmental conservation law by adding a new
section 37-0123 to establish a PEAS removal treatment installation grant
program, and outlines eligibility and application guidelines.
Section 2 amends the environmental conservation law by adding a new
section 37-0125 to establish a PFAS removal treatment maintenance rebate
program, detailing the program's purpose, eligibility requirements,
application guidelines, and procedural requirements for the commission-
er. There is also a public awareness mandate for the Department to
publish information about the program online for public access.
Section 3 states the effective date.
JUSTIFICATION:
Numerous studies have demonstrated links between Perfluoroalkyl and
Polyfluoroalkyl substances, also known as PFAS, and adverse health
outcomes. According to the United States Agency for Toxic Substances and
Disease Registry (ATSDR), PFAS exposure may lead to high cholesterol
levels, liver damage, and, an increased risk of high blood pressure in
pregnant women.'
PFAS have been detected in private wells across New York State, illus-
trating the need for many well owners to install filtration systems.
Although there are many effective options available, *some property
owners are deterred by the high cost of PFAS testing and installation of
filtration units. In 2022, New Hampshire began allowing private well
users to apply for a rebate to install PFAS filtration systems. New York
must follow suit in order to remove barriers for well users to protect
themselves from the harmful effects of PFAS.
LEGISLATIVE HISTORY::
2023-2024 A09260 (Burdick) - referred to Environmental Conservation
FISCAL IMPLICATIONS::
TBD
EFFECTIVE DATE::
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
216
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. BURDICK, SIMONE, COLTON -- read once and referred
to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
directing the department of environmental conservation to establish a
perfluoroalkyl and polyfluoroalkyl substances removal treatment
installation grant program and a perfluoroakyl and polyfluoroalkyl
substances removal treatment maintenance rebate program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 37-0123 to read as follows:
3 § 37-0123. Perfluoroalkyl and polyfluoroalkyl substances removal treat-
4 ment installation grant program.
5 1. Definitions. For purposes of this section, "perfluoroalkyl and
6 polyfluoroalkyl substances" or "PFAS" shall have the same meaning as in
7 section 27-3301 of this chapter.
8 2. Grant program. The department, within amounts from any source
9 appropriated or otherwise provided for such purpose, shall establish a
10 perfluoroalkyl and polyfluoroalkyl substances removal treatment instal-
11 lation grant program. The department shall provide a one-time grant to
12 private well users for up to five thousand dollars for the installation
13 of PFAS treatment, or up to ten thousand dollars for a service
14 connection to a public water system.
15 3. Eligibility. (a) The following persons shall be eligible to apply
16 for such grant program:
17 (i) owners of a single or multiple-unit residential property; and
18 (ii) tenants or occupants of a residential property where the owner of
19 such property has not applied for the grant for such property.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01014-01-5
A. 216 2
1 (b) Installers of such treatments may apply for such grant on behalf
2 of an eligible applicant, provided there is a waiver of claims between
3 such parties.
4 (c) An applicant shall not be eligible to apply for such grant program
5 if such applicant has an offer of an alternate water source from a third
6 party, including bottled water, treatment, or service connection.
7 4. Application. (a) Applicants shall submit an application to the
8 department in a manner and form to be determined by the commissioner,
9 and shall include the following documentation:
10 (i) analytical results from a laboratory certified to test for PFAS by
11 the department of health environmental laboratory approval program. Such
12 results must show a PFAS result greater than the maximum contaminant
13 level or other drinking water cleanup standard set for PFAS by the
14 department of health or the United States environmental protection agen-
15 cy;
16 (ii) an estimate for the cost of treatment installation or service
17 connection; and
18 (iii) specification sheets for treatment and equipment to be
19 installed, if applicable and available.
20 (b) Grants awarded pursuant to this section shall be used solely for
21 the purpose of purchasing and installing PFAS treatment equipment.
22 (c) The commissioner, upon review of an applicant's application, shall
23 determine if such applicant is eligible for a grant pursuant to this
24 section.
25 5. Public awareness. The department shall publish information about
26 the grant program on the department's website and create public educa-
27 tion materials to publicize the grant program and distribute these mate-
28 rials to local governments, community organizations, and other relevant
29 institutions. The department shall also compile and distribute a list of
30 vendors that offer treatment technology or service connection to a
31 public water system for residents of this state, provided that such a
32 list does not imply an endorsement of the vendors by the department.
33 § 2. The environmental conservation law is amended by adding a new
34 section 37-0125 to read as follows:
35 § 37-0125. Perfluoroalkyl and polyfluoroalkyl substances removal treat-
36 ment maintenance rebate program.
37 1. Definitions. For purposes of this section, "perfluoroalkyl and
38 polyfluoroalkyl substances" or "PFAS" shall have the same meaning as in
39 section 27-3301 of this chapter.
40 2. Rebate program. The department, within amounts from any source
41 appropriated or otherwise provided for such purpose, shall establish a
42 perfluoroalkyl and polyfluoroalkyl substances removal treatment mainte-
43 nance rebate program. The department shall provide a rebate for the
44 maintenance of PFAS treatment equipment installed by private well users.
45 3. Eligibility. The following persons shall be eligible to apply for
46 such rebate program:
47 (a) owners of a single or multiple-unit residential property where
48 PFAS treatment is installed; and
49 (b) tenants or occupants of a residential property where PFAS treat-
50 ment is installed.
51 4. Application. (a) Applicants shall submit an application to the
52 department in a manner and form to be determined by the commissioner,
53 and shall include the following documentation:
54 (i) specification sheets for treatment and equipment installed, if
55 applicable and available;
A. 216 3
1 (ii) photo documentation of the treatment installation of service
2 connection; and
3 (iii) post-treatment analytical results from a laboratory certified to
4 test for PFAS by the department of health environmental laboratory
5 approval program. Such results must show PFAS concentrations below the
6 maximum contaminant level or other drinking water cleanup standard set
7 for PFAS, if applicable.
8 (b) The commissioner, upon review of an applicant's application, shall
9 determine if such applicant is eligible for a rebate pursuant to this
10 section. The commissioner shall make the determination as to the amount
11 of rebate approved, provided that such amount shall in no event exceed
12 one thousand five hundred dollars.
13 (c) The commissioner shall promulgate rules and regulations regarding
14 how often an applicant may submit an application pursuant to this subdi-
15 vision.
16 5. Public awareness. The department shall publish information about
17 the rebate program on the department's website and create public educa-
18 tion materials to publicize the rebate program and distribute these
19 materials to local governments, community organizations, and other rele-
20 vant institutions.
21 § 3. This act shall take effect immediately.
