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A03595 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         3595

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 28, 2013
                                      ___________

       Introduced by M. of A. LUPARDO, ROSENTHAL -- Multi-Sponsored by -- M. of
         A.  CAHILL,  COLTON,  ENGLEBRIGHT,  GLICK,  JAFFEE, KAVANAGH, KELLNER,
         LIFTON, SCHIMEL, SWEENEY -- read once and referred to the Committee on
         Health

       AN ACT to amend the public health law and the environmental conservation
         law, in relation to trichloroethylene (TCE) exposure prevention

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. Article 13 of the public health law is amended by adding a
    2  new title 12-B to read as follows:
    3             TITLE 12-B - TRICHLOROETHYLENE EXPOSURE PREVENTION
    4  SECTION 1389-F. MAXIMUM CONTAMINANT LEVELS FOR TRICHLOROETHYLENE (TCE).
    5    S 1389-F. MAXIMUM CONTAMINANT LEVELS FOR TRICHLOROETHYLENE (TCE).  THE
    6  DEPARTMENT  SHALL  PRESCRIBE  A MAXIMUM INDOOR AIR CONTAMINANT LEVEL FOR
    7  TRICHLOROETHYLENE, FOR SUCH STANDARD,  THE  TARGETED  RISK  OF  RESIDUAL
    8  CONTAMINATION  SHALL  BE BASED ON THE MOST PROTECTIVE UNDERLYING ASSUMP-
    9  TIONS AND CANCER POTENCY FACTOR AND SHALL NOT EXCEED  AN  EXCESS  CANCER
   10  RISK  OF  ONE  IN  ONE  MILLION FOR CARCINOGENIC END POINTS AND A HAZARD
   11  INDEX OF ONE FOR NON-CANCER END POINTS,  IN  ORDER  TO  MINIMIZE  HEALTH
   12  RISKS ASSOCIATED TO EXPOSURE TO TRICHLOROETHYLENE.
   13    S  2.  Paragraph  i of subdivision 1 of section 3-0301 of the environ-
   14  mental conservation law, as amended by chapter 654 of the laws of  2005,
   15  is amended to read as follows:
   16    i.  Provide  for  prevention  and abatement of all water, land and air
   17  pollution, INCLUDING INDOOR AIR, AND including, but not limited to, that
   18  related to hazardous  substances,  particulates,  gases,  dust,  vapors,
   19  noise,  radiation, odor, nutrients and heated liquids[;].  IN ESTABLISH-
   20  ING REMEDIATION STANDARDS AND  ACTION  LEVELS  FOR  INDOOR  AIR,  LEVELS
   21  UTILIZED  BY  THE  DEPARTMENT  IN ANY PROGRAMS WHERE LEVELS OF HAZARDOUS
   22  CHEMICALS ARE REGULATED, MONITORED, OR REPORTED SHALL  BE  AT  LEAST  AS

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00259-01-3
       A. 3595                             2

    1  STRINGENT  AS THOSE SET IN SECTION THIRTEEN HUNDRED EIGHTY-NINE-F OF THE
    2  PUBLIC HEALTH LAW FOR ANY CONTAMINANT LISTED THEREIN.
    3    S  3.  Subdivision 1 of section 27-2403 of the environmental conserva-
    4  tion law, as added by chapter 707 of the laws of  2006,  is  amended  to
    5  read as follows:
    6    1.  (A)  A  person identified as a responsible party pursuant to title
    7  thirteen of this article or a participant as defined in paragraph (a) of
    8  subdivision one of section 27-1405 of this article shall provide  within
    9  thirty  days of validation of any test undertaken pursuant to this arti-
   10  cle or article twelve of the navigation law the results of any such test
   11  to any identifiable owner of real property that has been tested. In  the
   12  event  that  such a test is undertaken by the department, the department
   13  shall provide, within thirty  days  of  validation  of  such  test,  the
   14  results of such test to any identifiable owner of real property that has
   15  been tested.
   16    (B)  ANY  MAXIMUM  CONTAMINANT  LEVEL  SET BY THE DEPARTMENT OF HEALTH
   17  PURSUANT TO SECTION THIRTEEN HUNDRED EIGHTY-NINE-F OF THE PUBLIC  HEALTH
   18  LAW  SHALL  BE UTILIZED IN DETERMINING THE APPLICABILITY OF THIS SECTION
   19  FOR ANY CONTAMINANT LISTED THEREIN.
   20    S 4. This act shall take effect immediately.
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