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: A8634
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 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 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. PEAS cannot be removed from water by boiling which caus-
es major concerns for human health. According to the CDC, four types of
PEAS (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.
STATE OF NEW YORK
________________________________________________________________________
8634
2025-2026 Regular Sessions
IN ASSEMBLY
May 22, 2025
___________
Introduced by M. of A. LEE -- read once and referred to the Committee on
Health
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 establish a maximum contaminant level
4 of:
5 (i) no higher than 4 parts per trillion (ppt) for perfluorooctane
6 sulfonic acid (PFOS) and perfluorooctanoic acid (PFOA); and
7 (ii) no higher than 10 parts per trillion (ppt) for perfluorononanoic
8 acid (PFNA), perfluorohexane sulfonate (PFHxS), and hexafluoropropylene
9 oxide dimer acid (HFPO-DA).
10 b. The commissioner shall establish a hazard index to address cumula-
11 tive exposure to multiple per- and polyfluoroalkyl substances. The
12 hazard index shall include but not be limited to perfluorononanoic acid
13 (PFNA), perfluorohexane sulfonate (PFHxS), hexafluoropropylene oxide
14 dimer acid (HFPO-DA), and perfluorobutane sulfonate (PFBS).
15 c. The commissioner shall require that public water systems comply
16 with the requirements of the maximum contaminant levels and hazard index
17 required by this subdivision by May first, two thousand twenty-nine.
18 § 2. This act shall take effect one year after it shall have become a
19 law. Effective immediately, the addition, amendment and/or repeal of any
20 rule or regulation necessary for the implementation of this act on its
21 effective date are authorized to be made and completed on or before such
22 effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06979-03-5
