Bill Text: NY S00495 | 2017-2018 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2017-01-04 - REFERRED TO HEALTH [S00495 Detail]

Download: New_York-2017-S00495-Introduced.html

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                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.