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