S08193 Summary:

Authorizes and directs the commissioner of the department of health to conduct biomonitoring on the residents of Hoosick Falls, Hoosick, and Petersburgh regarding PFOA (perfluorooctanoic acid) contamination.
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S08193 Actions:

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S08193 Memo:

Memo not available
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S08193 Text:

                STATE OF NEW YORK
                    IN SENATE
                                   September 16, 2016
        Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN  ACT  authorizing and directing the commissioner of health to conduct
          biomonitoring on the residents of Hoosick Falls, Hoosick, and  Peters-
          burgh  regarding  PFOA  (perfluorooctanoic  acid)  contamination;  and
          providing for the repeal of such provisions upon expiration thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  commissioner  of  health  is  hereby  authorized and
     2  directed to implement or continue to implement a biomonitoring study  in
     3  the  village  of Hoosick Falls, town of Hoosick and town of Petersburgh.
     4  Such study shall be conducted to document the residents' actual exposure
     5  to PFOA (perfluorooctanoic acid) and to  monitor  PFOA  levels  of  each
     6  individual  in  the  study. Such study shall include blood samples taken
     7  from its subjects every two years.  This study shall include those indi-
     8  viduals who were a part of the biomonitoring and blood testing performed
     9  by the department of health in 2016.
    10    § 2. Such biomonitoring shall continue  for  each  individual  in  the
    11  study  until  such individual's PFOA blood level is reduced to two parts
    12  per billion. Upon completion of each blood testing, a  report  including
    13  the  number  of subjects in each locality, the aggregate results of such
    14  testing, and any recommendations shall be transmitted to  the  governor,
    15  the  temporary president of the senate, the speaker of the assembly, the
    16  chair of the senate health committee, and  the  chair  of  the  assembly
    17  health committee. Each individual in the study shall also receive a copy
    18  of the report as well as a copy of their blood test results.
    19    § 3. All costs associated with implementing the provisions of this act
    20  shall be borne by the state hazardous waste remedial fund as established
    21  by  section  97-b of the state finance law. The commissioner of environ-
    22  mental conservation and  the  commissioner  of  health  shall  make  all
    23  reasonable efforts to recover the full amount of any funds expended from
    24  the  fund  pursuant to this act through litigation or cooperative agree-
    25  ments with responsible persons. Any and all moneys  recovered  or  reim-
    26  bursed  pursuant  to  this section through voluntary agreements or court
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 8193                             2
     1  orders shall be deposited with  the  comptroller  and  credited  to  the
     2  account  of  such fund from which such expenditures were made. If at any
     3  time the hazardous waste remedial fund does not have  sufficient  monies
     4  for  payment for the study, then the commissioner of health shall report
     5  this determination to the comptroller, along with the amount which  will
     6  be necessary to continue the study. No more than four days after receiv-
     7  ing  such  a  determination  the  comptroller  shall transfer the amount
     8  determined by the commissioner of health to be necessary from the gener-
     9  al fund to the hazardous waste remedial fund.  Nothing contained in this
    10  section shall prevent the state from receiving grants,  gifts,  bequests
    11  or any means of receiving federal monies for the purposes of the hazard-
    12  ous  waste  remedial fund as defined in this section and depositing them
    13  into the hazardous waste remedial fund according to law.
    14    § 4.  This act shall take effect immediately and shall expire  and  be
    15  deemed  repealed on the one hundred twentieth day after the commissioner
    16  of health has submitted a report as required by section two of this  act
    17  that  states  that  all individuals receiving blood testing in the study
    18  have a PFOA blood level not exceeding two parts  per  billion,  provided
    19  that the commissioner of health shall notify the legislative bill draft-
    20  ing  commission  upon the occurrence of the submission of such report as
    21  required by section two of this act in order  that  the  commission  may
    22  maintain an accurate and timely effective data base of the official text
    23  of  the laws of the state of New York in furtherance of effectuating the
    24  provisions of section 44 of the legislative law and section 70-b of  the
    25  public officers law.
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