What's happening
This bill sets strict maximum indoor air contaminant levels for trichloroethylene (TCE) to minimize health risks and requires state environmental standards to match these limits.
Why it matters
Sets a science-based, highly protective standard for TCE in indoor air. , using the strictest cancer risk threshold (one in one million) and non-cancer hazard index (one) to minimize health risks, signaling a precautionary approach to public health.
Requires all state environmental agencies to adopt these new stringent TCE indoor air standards. in their programs, ensuring consistent and enforceable contaminant limits across different regulatory frameworks and cleanup efforts.
Mandates that property owners be promptly notified of TCE test results. and that these new maximum contaminant levels must guide decision-making about remediation and public communication, potentially increasing transparency and accountability for pollution risks.
Could impact industrial, commercial, and residential property management and redevelopment. , as stricter TCE standards may trigger more frequent and costly remediation and influence real estate transactions in areas with past or present contamination.
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Who cares
New York State Department of Health
The bill would require the department to set a maximum indoor-air TCE level using protective assumptions, with cancer risk no greater than one in one million and a non-cancer hazard index no greater than one.
New York State Department of Environmental Conservation
The bill would explicitly include indoor air in its pollution-control authority and require relevant indoor-air standards and action levels to be at least as stringent as the Health Department’s TCE limit.
Responsible parties and brownfield cleanup participants
The bill would require use of the Health Department’s TCE limit to determine when existing test-result disclosure requirements apply.
Owners of tested properties
The bill would tie applicability of the existing requirement to provide them validated test results within 30 days to the Health Department’s TCE limit.
Headline styles
Limit TCE Air Pollution
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Reported referred to codes
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
494
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. LUPARDO, ROSENTHAL, GOTTFRIED, WEPRIN, ABINANTI -- Multi-Sponsored by -- M. of A. CAHILL, COLTON, ENGLEBRIGHT, GLICK, JAFFEE, KAVANAGH, LIFTON -- read once and referred 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 Assembly, do enact as follows:
Section 1. Article 13 of the public health law is amended by adding a new title 12-B to read as follows:
Title 12-B - TRICHLOROETHYLENE EXPOSURE PREVENTION Section 1389-f. Maximum contaminant levels for trichloroethylene (TCE).
§ 1389-f. Maximum contaminant levels for trichloroethylene (TCE). The department shall 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.
§ 2. Paragraph i of subdivision 1 of section 3-0301 of the environmental conservation law, as amended by chapter 654 of the laws of 2005, is amended to read as follows:
i. Provide for prevention and abatement of all water, land and air pollution, including indoor air, and including, but not limited to, that related to hazardous substances, particulates, gases, dust, vapors, noise, radiation, odor, nutrients and heated liquids. In establishing remediation standards and action levels for indoor air, levels utilized by the department in any programs where levels of hazardous chemicals are regulated, monitored, or reported shall be at least as stringent as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02177-01-7
A. 494 2
those set in section thirteen hundred eighty-nine-f of the public health law for any contaminant listed therein;
§ 3. Subdivision 1 of section 27-2403 of the environmental conservation law, as added by chapter 707 of the laws of 2006, is amended to read as follows:
1. (a) A person identified as a responsible party pursuant to title thirteen of this article or a participant as defined in paragraph (a) of subdivision one of section 27-1405 of this article shall provide within thirty days of validation of any test undertaken pursuant to this article or article twelve of the navigation law the results of any such test to any identifiable owner of real property that has been tested. In the event that such a test is undertaken by the department, the department shall provide, within thirty days of validation of such test, the results of such test to any identifiable owner of real property that has been tested.
(b) Any maximum contaminant level set by the department of health pursuant to section thirteen hundred eighty-nine-f of the public health law shall be utilized in determining the applicability of this section for any contaminant listed therein.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.