STATE OF NEW YORK ________________________________________________________________________ 9260 IN ASSEMBLY February 22, 2024 ___________ Introduced by M. of A. BURDICK -- read once and referred to the Commit- tee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to directing the department of environmental conservation to establish a perfluoroalkyl and polyfluoroalkyl substances removal treatment installation grant program and a perfluoroakyl and polyfluoroalkyl substances removal treatment maintenance rebate program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The environmental conservation law is amended by adding a 2 new section 37-0123 to read as follows: 3 § 37-0123. Perfluoroalkyl and polyfluoroalkyl substances removal treat- 4 ment installation grant program. 5 1. Definitions. For purposes of this section, "perfluoroalkyl and 6 polyfluoroalkyl substances" or "PFAS" shall have the same meaning as in 7 section 27-3301 of this chapter. 8 2. Grant program. The department, within amounts from any source 9 appropriated or otherwise provided for such purpose, shall establish a 10 perfluoroalkyl and polyfluoroalkyl substances removal treatment instal- 11 lation grant program. The department shall provide a one-time grant to 12 private well users for up to five thousand dollars for the installation 13 of PFAS treatment, or up to ten thousand dollars for a service 14 connection to a public water system. 15 3. Eligibility. (a) The following persons shall be eligible to apply 16 for such grant program: 17 (i) owners of a single or multiple-unit residential property; and 18 (ii) tenants or occupants of a residential property where the owner of 19 such property has not applied for the grant for such property. 20 (b) Installers of such treatments may apply for such grant on behalf 21 of an eligible applicant, provided there is a waiver of claims between 22 such parties. 23 (c) An applicant shall not be eligible to apply for such grant program 24 if such applicant has an offer of an alternate water source from a third 25 party, including bottled water, treatment, or service connection. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11922-03-3
A. 9260 2 1 4. Application. (a) Applicants shall submit an application to the 2 department in a manner and form to be determined by the commissioner, 3 and shall include the following documentation: 4 (i) analytical results from a laboratory certified to test for PFAS by 5 the department of health environmental laboratory approval program. Such 6 results must show a PFAS result greater than the maximum contaminant 7 level or other drinking water cleanup standard set for PFAS by the 8 department of health or the United States environmental protection agen- 9 cy; 10 (ii) an estimate for the cost of treatment installation or service 11 connection; and 12 (iii) specification sheets for treatment and equipment to be 13 installed, if applicable and available. 14 (b) Grants awarded pursuant to this section shall be used solely for 15 the purpose of purchasing and installing PFAS treatment equipment. 16 (c) The commissioner, upon review of an applicant's application, shall 17 determine if such applicant is eligible for a grant pursuant to this 18 section. 19 5. Public awareness. The department shall publish information about 20 the grant program on the department's website and create public educa- 21 tion materials to publicize the grant program and distribute these mate- 22 rials to local governments, community organizations, and other relevant 23 institutions. The department shall also compile and distribute a list of 24 vendors that offer treatment technology or service connection to a 25 public water system for residents of this state, provided that such a 26 list does not imply an endorsement of the vendors by the department. 27 § 2. The environmental conservation law is amended by adding a new 28 section 37-0125 to read as follows: 29 § 37-0125. Perfluoroalkyl and polyfluoroalkyl substances removal treat- 30 ment maintenance rebate program. 31 1. Definitions. For purposes of this section, "perfluoroalkyl and 32 polyfluoroalkyl substances" or "PFAS" shall have the same meaning as in 33 section 27-3301 of this chapter. 34 2. Rebate program. The department, within amounts from any source 35 appropriated or otherwise provided for such purpose, shall establish a 36 perfluoroalkyl and polyfluoroalkyl substances removal treatment mainte- 37 nance rebate program. The department shall provide a rebate for the 38 maintenance of PFAS treatment equipment installed by private well users. 39 3. Eligibility. The following persons shall be eligible to apply for 40 such rebate program: 41 (a) owners of a single or multiple-unit residential property where 42 PFAS treatment is installed; and 43 (b) tenants or occupants of a residential property where PFAS treat- 44 ment is installed. 45 4. Application. (a) Applicants shall submit an application to the 46 department in a manner and form to be determined by the commissioner, 47 and shall include the following documentation: 48 (i) specification sheets for treatment and equipment installed, if 49 applicable and available; 50 (ii) photo documentation of the treatment installation of service 51 connection; and 52 (iii) post-treatment analytical results from a laboratory certified to 53 test for PFAS by the department of health environmental laboratory 54 approval program. Such results must show PFAS concentrations below the 55 maximum contaminant level or other drinking water cleanup standard set 56 for PFAS, if applicable.
A. 9260 3 1 (b) The commissioner, upon review of an applicant's application, shall 2 determine if such applicant is eligible for a rebate pursuant to this 3 section. The commissioner shall make the determination as to the amount 4 of rebate approved, provided that such amount shall in no event exceed 5 one thousand five hundred dollars. 6 (c) The commissioner shall promulgate rules and regulations regarding 7 how often an applicant may submit an application pursuant to this subdi- 8 vision. 9 5. Public awareness. The department shall publish information about 10 the rebate program on the department's website and create public educa- 11 tion materials to publicize the rebate program and distribute these 12 materials to local governments, community organizations, and other rele- 13 vant institutions. 14 § 3. This act shall take effect immediately.