Add Art 13 Title 12-B §1389-f, Pub Health L; amd §§3-0301 & 27-2403, En Con L
 
Provides for trichloroethylene (TCE) exposure prevention; directs the department of health to prescribe a maximum indoor air contaminant level for trichloroethylene, for such standard, the targeted risk of residual contamination shall be based on the most protective underlying assumptions and cancer potency factor and shall not exceed an excess cancer risk of one in one-million for carcinogenic end points and a hazard index of one for non-cancer end points, in order to minimize health risks associated to exposure to trichloroethylene.
STATE OF NEW YORK
________________________________________________________________________
495
2017-2018 Regular Sessions
IN SENATE(Prefiled)
January 4, 2017
___________
Introduced by Sens. SQUADRON, HOYLMAN -- read twice and ordered printed,
and when printed to be committed 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 § 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 § 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 establishing
20 remediation standards and action levels for indoor air, levels utilized
21 by the department in any programs where levels of hazardous chemicals
22 are regulated, monitored, or reported shall be at least as stringent as
23 those set in section thirteen hundred eighty-nine-f of the public health
24 law for any contaminant listed therein;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02177-01-7
S. 495 2
1 § 3. Subdivision 1 of section 27-2403 of the environmental conserva-
2 tion law, as added by chapter 707 of the laws of 2006, is amended to
3 read as follows:
4 1. (a) A person identified as a responsible party pursuant to title
5 thirteen of this article or a participant as defined in paragraph (a) of
6 subdivision one of section 27-1405 of this article shall provide within
7 thirty days of validation of any test undertaken pursuant to this arti-
8 cle or article twelve of the navigation law the results of any such test
9 to any identifiable owner of real property that has been tested. In the
10 event that such a test is undertaken by the department, the department
11 shall provide, within thirty days of validation of such test, the
12 results of such test to any identifiable owner of real property that has
13 been tested.
14 (b) Any maximum contaminant level set by the department of health
15 pursuant to section thirteen hundred eighty-nine-f of the public health
16 law shall be utilized in determining the applicability of this section
17 for any contaminant listed therein.
18 § 4. This act shall take effect immediately.