Senate Bill S9115

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9115--A
 
                             I N  S E N A T E
 
                             February 4, 2026
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to amend the environmental conservation law, in relation to the
   management of PFAS in biosolids; and  to  amend  the  agriculture  and
   markets law and the state finance law, in relation to establishing the
   PFAS  agricultural response program and the agricultural PFAS response
   fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 8 to read as follows:
                                  TITLE 8
                      MANAGEMENT OF PFAS IN BIOSOLIDS
 SECTION 27-0801. DEFINITIONS.
         27-0803. TESTING AND REPORTING.
         27-0805. MORATORIUM ON THE SALE AND USE OF BIOSOLIDS.
 § 27-0801. DEFINITIONS.
   AS USED IN THIS TITLE:
   1.  "BIOSOLIDS"  MEANS  THE ACCUMULATED SEMI-SOLIDS, SOLIDS OR LIQUIDS
 RESULTING FROM TREATMENT OF WASTEWATERS FROM PUBLICLY OR PRIVATELY OWNED
 OR OPERATED SEWAGE TREATMENT PLANTS.
   2. "ENTERPRISE BUDGET" MEANS AN ESTIMATION OF THE REVENUE, COSTS,  AND
 PROFITS FOR A FARM.
   3.  "MONITORING" MEANS SAMPLING OF BIOSOLIDS FROM WASTEWATER TREATMENT
 FACILITIES, SOIL SAMPLES AND/OR WATER SAMPLES FROM AGRICULTURAL LAND  TO
 DETERMINE THE CONCENTRATION OF PFAS PRESENT.
   4.  "PERFLUOROALKYL  AND POLYFLUOROALKYL SUBSTANCES" OR "PFAS" MEANS A
 CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING  AT  LEAST  ONE  FULLY
 FLUORINATED CARBON ATOM.
   5.  "PERMIT  HOLDER"  MEANS  A FARMER OR OTHER LANDOWNER AUTHORIZED TO
 SPREAD BIOSOLIDS UNDER A PERMIT GRANTED PURSUANT TO NYCRR PART 361-2.4.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14447-05-6
              

 S. 9115--A                          2
 
   6.  "WASTEWATER TREATMENT FACILITY" MEANS  ANY  FACILITY  THAT  TREATS
 WASTEWATER,  INCLUDING  BUT  NOT  LIMITED  TO MUNICIPAL SEWAGE TREATMENT
 PLANTS, INDUSTRIAL WASTEWATER TREATMENT PLANTS,  AND  SEPTAGE  TREATMENT
 FACILITIES.
   7.  "CLASS A BIOSOLIDS"  MEANS BIOSOLIDS THAT HAVE BEEN HIGHLY TREATED
 TO REDUCE PATHOGENS TO UNDETECTABLE LEVELS, ALLOWING UNRESTRICTED USE.
   8. "CLASS B BIOSOLIDS"   MEANS BIOSOLIDS  THAT  HAVE  BEEN  MODERATELY
 TREATED  TO  REDUCE  PATHOGENS TO LOWER BUT DETECTABLE LEVELS, AND WHICH
 MAY REQUIRE SITE RESTRICTIONS, BUFFER ZONES,  AND  WAITING  PERIODS  FOR
 HARVESTING OF CROPS OR PUBLIC ACCESS.
 § 27-0803. TESTING AND REPORTING.
   1.  NO  LATER THAN ONE YEAR FROM THE EFFECTIVE DATE OF THIS TITLE, THE
 DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROMUL-
 GATE RULES AND REGULATIONS WHICH ADD PERFLUOROALKYL AND  POLYFLUOROALKYL
 SUBSTANCES  AS  A  PARAMETER  OF  CONCERN FOR ANALYSIS WITHIN NYCRR PART
 361.2.4.
   (A) SUCH REGULATIONS SHALL, AT A MINIMUM, DO THE FOLLOWING:
   (I) ESTABLISH A PROTOCOL TO INCENTIVIZE FARMERS TO:
   (1) APPLY TO THE DEPARTMENT FOR THE DEPARTMENT TO  PERFORM  PFAS  SOIL
 TESTING  ON  LAND WHERE CLASS A BIOSOLIDS OR CLASS B BIOSOLIDS HAVE BEEN
 APPLIED; OR
   (2) CONTRACT WITH A LABORATORY OR PROVIDER VERIFIED BY THE  DEPARTMENT
 TO  CONDUCT PFAS SOIL TESTING ON LAND WHERE CLASS A BIOSOLIDS OR CLASS B
 BIOSOLIDS HAVE BEEN APPLIED AND SUBMIT THE RESULTS TO THE DEPARTMENT;
   (II) PROVIDE THAT A  LANDOWNER  WHO  HAS  SATISFIED  THE  TESTING  AND
 REPORTING  REQUIREMENTS  ESTABLISHED  PURSUANT TO THIS SECTION MAY APPLY
 FOR REIMBURSEMENT OF THE COSTS  OF  PERFLUOROALKYL  AND  POLYFLUOROALKYL
 SUBSTANCES  SOIL  TESTING  THROUGH  THE SOIL HEALTH AND PFAS AGRICULTURE
 RESPONSE PROGRAM ESTABLISHED PURSUANT TO ARTICLE ELEVEN-C OF  THE  AGRI-
 CULTURE AND MARKETS LAW;
   (III)  REQUIRE THAT PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES SOIL
 TESTING CONDUCTED PURSUANT TO THIS SECTION BE PERFORMED ON  A  QUARTERLY
 BASIS FOR A PERIOD OF NOT LESS THAN ONE YEAR;
   (IV)  ESTABLISH STANDARDS FOR DEMONSTRATING PRIOR APPLICATION OF CLASS
 A BIOSOLIDS OR  CLASS  B  BIOSOLIDS  ON  AGRICULTURAL  LAND,  WHICH  MAY
 INCLUDE, BUT SHALL NOT BE LIMITED TO, HISTORIC OR CURRENT PERMITS, PROOF
 OF  PRIOR  USE  OF CLASS A BIOSOLIDS, OR OTHER DOCUMENTATION OR MEANS AS
 DETERMINED BY THE DEPARTMENT;
   (V) ESTABLISH PROTOCOLS AND REQUIRE THE DEPARTMENT OF HEALTH  TO  TEST
 DRINKING  WATER  WELLS  AT LEAST QUARTERLY FOR ONE YEAR WHERE SUCH WELLS
 ARE WITHIN ONE HALF MILE OF LANDS WHERE BIOSOLIDS HAVE BEEN APPLIED; AND
   (VI) ESTABLISH PROTOCOLS FOR TESTING AND  REQUIRE  THE  DEPARTMENT  OF
 HEALTH  TO TEST SURFACE WATER AT LEAST QUARTERLY FOR ONE YEAR WHERE SUCH
 SURFACE WATER IS WITHIN ONE MILE OF  LANDS  WHERE  BIOSOLIDS  HAVE  BEEN
 APPLIED; AND
   (B)  REGULATIONS  PROMULGATED PURSUANT TO THIS TITLE REGARDING TESTING
 PROTOCOLS AND THE TIMING OF SAMPLING  FOR  TESTING  OF  WELL  WATER  AND
 SURFACE  WATER    SHALL TAKE INTO ACCOUNT THE EFFECTS OF RAINFALL EVENTS
 AND PRECIPITATION PATTERNS, AS WELL AS WEATHER AND  TEMPERATURE  CHANGES
 IN DETERMINING THE TIMING OF SAMPLING.
   2.  REGULATIONS  PROMULGATED  PURSUANT TO THIS TITLE SHALL REQUIRE ALL
 WASTEWATER TREATMENT FACILITIES TO TEST  BIOSOLIDS  FOR  PFAS  CHEMICALS
 QUARTERLY FOR FIVE YEARS AND REPORT THE RESULTS TO THE DEPARTMENT.
   3.  TESTING AND EVALUATION OF PERMITTED SITES SHALL BE CONDUCTED USING
 A PFAS TESTING METHOD OR  METHODS  AUTHORIZED  BY  THE  DEPARTMENT.  THE
 DEPARTMENT  SHALL  IMMEDIATELY AUTHORIZE EPA METHOD 1633A AS AN APPROVED
 S. 9115--A                          3
 
 TESTING METHOD. THE DEPARTMENT SHALL AUTHORIZE ADDITIONAL  METHODS  THAT
 DETECT MORE PFAS AS SUCH METHODS BECOME AVAILABLE AND SHALL REQUIRE THAT
 THE  METHOD  THAT  DETECTS THE LARGEST NUMBER OF PFAS (AT EQUAL OR LOWER
 DETECTION LIMITS THAN EPA METHOD 1633A) SHALL BE USED.
   4.  THE  DEPARTMENT SHALL ESTABLISH AND MAINTAIN A PUBLICLY ACCESSIBLE
 DATABASE OF DISAGGREGATED SOIL, BIOSOLID (DIFFERENTIATING THE SOURCES OF
 THE DATA IN SUCH DATABASE), AND WATER TESTING  RESULTS  WITHIN  EIGHTEEN
 MONTHS OF THE EFFECTIVE DATE OF THIS TITLE. SUCH DATABASE SHALL USE BEST
 PRACTICES  STANDARDS  FOR  DATA  COLLECTION AND DISSEMINATION, INCLUDING
 STANDARDIZATION AND CLEANING OF DATA, AND SHALL MAKE SUCH DATA AVAILABLE
 TO THE PUBLIC IN COMMONLY USED DATA FORMATS.  DATA COLLECTED  FROM  SOIL
 OR  WATER SAMPLES TAKEN FROM PRIVATE LANDS AND WELLS SHALL BE AGGREGATED
 BY DEPARTMENT OF ENVIRONMENTAL CONSERVATION  REGION,  IN  A  FORM  WHICH
 EXCLUDES  SPECIFIC ADDRESSES, LOCATIONS, OR OTHER PERSONALLY IDENTIFYING
 INFORMATION.  THE DATABASE SHALL ALSO INCLUDE RECORDS FOR ALL PREVIOUSLY
 CONDUCTED TESTING OF BIOSOLIDS FOR PFAS FUNDED WITH PUBLIC MONIES WITHIN
 NEW YORK STATE.
 § 27-0805. MORATORIUM ON THE SALE AND USE OF BIOSOLIDS.
   1. FOR THE PERIOD COMMENCING ONE YEAR FROM THE EFFECTIVE DATE OF  THIS
 TITLE  AND  ENDING  FIVE  YEARS  AFTER  SUCH DATE, A MORATORIUM SHALL BE
 ESTABLISHED ON THE LAND APPLICATION, AND ISSUANCE, RENEWAL, OR  APPROVAL
 OF ANY PERMITS RELATED THERETO, OF:
   (A) BIOSOLIDS GENERATED FROM A PUBLICLY OR PRIVATELY OWNED OR OPERATED
 WASTEWATER TREATMENT FACILITY;
   (B)  COMPOST MATERIAL THAT INCLUDED IN ITS PRODUCTION BIOSOLIDS GENER-
 ATED FROM A PUBLICLY OR PRIVATELY OWNED OR OPERATED WASTEWATER TREATMENT
 FACILITY; AND
   (C) ANY OTHER PRODUCT OR MATERIAL THAT IS INTENDED FOR USE AS A FERTI-
 LIZER, SOIL AMENDMENT, TOPSOIL REPLACEMENT OR MULCH, OR FOR OTHER  SIMI-
 LAR  AGRICULTURAL  PURPOSES INCLUDING PARKS, GOLF COURSES, OR OTHER NON-
 CROP LAND APPLICATIONS, THAT  IS  DERIVED  FROM  OR  CONTAINS  BIOSOLIDS
 GENERATED  FROM  A  PUBLICLY  OR  PRIVATELY OWNED OR OPERATED WASTEWATER
 TREATMENT FACILITY.
   2. FOR THE PERIOD COMMENCING ON THE EFFECTIVE DATE OF THIS  TITLE  AND
 ENDING  FIVE YEARS AFTER SUCH DATE, A MORATORIUM SHALL BE ESTABLISHED ON
 SELLING, OFFERING FOR SALE, DISTRIBUTING, OR OTHERWISE PROVIDING  BIOSO-
 LIDS,  INCLUDING  PRODUCTS CONTAINING BIOSOLIDS, IN THE STATE FOR USE AS
 FERTILIZER, SOIL AMENDMENT, TOPSOIL REPLACEMENT,  MULCH,  OR  FOR  OTHER
 SIMILAR PURPOSES.
   3. THE MORATORIA IN SUBDIVISIONS ONE AND TWO OF THIS SECTION SHALL NOT
 APPLY TO:
   (A)  THE DISPOSAL OR PLACEMENT AT A SOLID WASTE LANDFILL OF ANY OF THE
 MATERIALS THAT ARE  PROHIBITED  FROM  APPLICATION,  SPREADING,  SALE  OR
 DISTRIBUTION BY THIS SECTION; OR
   (B)  THE  LAND  APPLICATION  OF OR THE SALE OR DISTRIBUTION OF COMPOST
 MATERIALS OR OTHER AGRICULTURAL PRODUCTS OR MATERIALS  DERIVED  FROM  OR
 CONTAINING  RESIDUALS  GENERATED AS A RESULT OF THE PROCESSING OR CULTI-
 VATION OF FOOD,  FOOD  WASTE,  CROPS  OR  VEGETATIVE  MATERIAL,  MANURE,
 LITTER,  FOOD PROCESSING WASTE, PROCESS WASTEWATER FROM ANY ANIMAL FEED-
 ING OPERATION, DIGESTATE FROM SUCH MATERIALS, OR ANY  OTHER  PRODUCT  OR
 MATERIAL THAT IS NOT DERIVED FROM OR DOES NOT CONTAIN BIOSOLIDS.
   §  2.  The  environmental  conservation law is amended by adding a new
 section 71-2704 to read as follows:
 § 71-2704. VIOLATIONS OF TITLE 8 OF ARTICLE 27 OF THIS CHAPTER.
   A PERSON WHO VIOLATES ANY OF  THE  PROVISIONS  OF,  OR  WHO  FAILS  TO
 PERFORM  ANY  DUTY  IMPOSED BY TITLE 8 OF ARTICLE 27 OF THIS CHAPTER, OR
 S. 9115--A                          4
 
 THE RULES, REGULATIONS, ORDERS OR  DETERMINATIONS  OF  THE  COMMISSIONER
 PROMULGATED  THERETO,  SHALL  BE  LIABLE  FOR A PENALTY OF NOT TO EXCEED
 TWENTY-FIVE HUNDRED DOLLARS FOR EACH SUCH VIOLATION  AND  AN  ADDITIONAL
 PENALTY  OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH
 SUCH VIOLATION CONTINUES, AND, IN ADDITION THERETO, SUCH PERSON  MAY  BE
 ENJOINED FROM CONTINUING SUCH VIOLATION. PENALTIES AND INJUNCTIVE RELIEF
 PROVIDED  HEREIN SHALL BE RECOVERABLE IN AN ACTION BROUGHT BY THE ATTOR-
 NEY GENERAL AT THE REQUEST AND IN THE NAME OF THE COMMISSIONER.
   § 3. The agriculture and markets law is amended by adding a new  arti-
 cle 11-C to read as follows:
                               ARTICLE 11-C
             SOIL HEALTH AND PFAS AGRICULTURE RESPONSE PROGRAM
 § 151-P. PFAS AGRICULTURAL RESPONSE PROGRAM.
   §  151-P.  PFAS AGRICULTURAL RESPONSE PROGRAM. 1.  FOR THE PURPOSES OF
 THIS ARTICLE:
   (A) "BIOSOLIDS" MEANS THE ACCUMULATED SEMI-SOLIDS OR SOLIDS  RESULTING
 FROM  TREATMENT OF WASTEWATERS FROM PUBLICLY OR PRIVATELY OWNED OR OPER-
 ATED SEWAGE TREATMENT PLANTS.
   (B) "ENTERPRISE BUDGET" MEANS AN ESTIMATION OF THE REVENUE, COSTS  AND
 PROFITS FOR A FARM.
   (C)  "MONITORING" MEANS SAMPLING OF BIOSOLIDS FROM SOIL SAMPLES AND/OR
 WATER SAMPLES FROM AGRICULTURAL LAND TO DETERMINE THE  CONCENTRATION  OF
 PFAS PRESENT.
   (D)  "PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES" OR "PFAS" MEANS A
 CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING  AT  LEAST  ONE  FULLY
 FLUORINATED CARBON ATOM.
   2.  WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, THE DEPART-
 MENT, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,
 SHALL ESTABLISH A PFAS AGRICULTURAL RESPONSE  PROGRAM  TO  ASSIST  FARMS
 FOUND TO HAVE LEVELS OF PFAS CONTAMINATION WHICH EXCEED REGULATORY STAN-
 DARDS ESTABLISHED PURSUANT TO TITLE EIGHT OF ARTICLE TWENTY-SEVEN OF THE
 ENVIRONMENTAL CONSERVATION LAW.  THE COMMISSIONER SHALL BE AUTHORIZED TO
 ADMINISTER  STATE  ASSISTANCE  PAYMENTS  TO  SOIL AND WATER CONSERVATION
 DISTRICTS FOR PURPOSES OF THIS PROGRAM.
   3. THE PROGRAM SHALL, AT A MINIMUM:
   (A) PURSUANT TO AN APPROPRIATION THEREFOR, PROVIDE GRANTS  TO  FARMERS
 AND  OTHER  LANDOWNERS WITH LAND FOUND TO EXCEED THE THRESHOLDS FOR PFAS
 ESTABLISHED PURSUANT TO TITLE EIGHT OF ARTICLE TWENTY-SEVEN OF THE ENVI-
 RONMENTAL CONSERVATION LAW FOR THE PURPOSE OF SHORT-TERM INCOME  SUPPLE-
 MENTATION  OR  REPLACEMENT,  INCLUDING  BUT  NOT LIMITED TO, REIMBURSING
 FARMERS FOR THE VALUE OF CROPS LOST AS A RESULT OF PFAS CONTAMINATION;
   (B) ASSIST FARMERS AND OTHER LANDOWNERS WITH PLANNING AND THE DEVELOP-
 MENT OF ENTERPRISE BUDGETS TO ADDRESS LAND OR WATER FOUND TO BE  CONTAM-
 INATED  BY  PFAS.   SUCH ENTERPRISE BUDGETS MAY INCLUDE, BUT NEED NOT BE
 LIMITED TO, COSTS ASSOCIATED WITH THE IMPLEMENTATION OF:
   (I) ALTERNATIVE CROPPING SYSTEMS;
   (II) REMEDIATION STRATEGIES;
   (III) TECHNOLOGICAL ADAPTATIONS;
   (IV) TRANSITIONING TO ALTERNATIVE REVENUE STREAMS, INCLUDING  BUT  NOT
 LIMITED TO TRANSITIONING TO ALTERNATIVE LAND USE SYSTEMS; AND
   (V) LOCATING ALTERNATIVE VIABLE FARMLAND;
   (C)  PURSUANT  TO  AN  APPROPRIATION  THEREFOR, PROVIDE GRANTS FOR THE
 PURCHASE OF TRANSITIONAL EQUIPMENT AND INFRASTRUCTURE  FOR  FARMERS  AND
 OTHER LANDOWNERS TO: (I) SUPPORT A TRANSITION TO AN ALTERNATIVE CROPPING
 SYSTEM; AND (II) IMPLEMENT REMEDIATION STRATEGIES, TECHNOLOGICAL ADAPTA-
 S. 9115--A                          5
 
 TIONS,  OR  OTHER MODIFICATIONS TO THE FARMER OR OTHER LANDOWNER'S OPER-
 ATIONS IN RESPONSE TO PFAS CONTAMINATION;
   (D)  DEVELOP  BEST  PRACTICES  TO MITIGATE FURTHER PFAS CONTAMINATION,
 INCLUDING BUT NOT LIMITED TO, ALTERNATIVE CROPPING SYSTEMS;
   (E) PROVIDE FOR TESTING OF  BIOSOLIDS  AND  BIOSOLIDS-DERIVED  COMPOST
 PRODUCTS,  AGRICULTURAL  PRODUCTS, LIVESTOCK, SOIL AND WATER OF ADJACENT
 PROPERTIES WHERE IT IS SUSPECTED THERE MAY BE CONTAMINATION  RELATED  TO
 THE SPREADING OF BIOSOLIDS, AND FEEDSTOCK PRODUCED ON LANDS WHERE BIOSO-
 LIDS  WERE SPREAD.   DURING THE FIVE-YEAR MORATORIUM ON LAND APPLICATION
 OF BIOSOLIDS PURSUANT TO SECTION 27-0803 OF THE ENVIRONMENTAL  CONSERVA-
 TION  LAW,  THE  DEPARTMENT  SHALL PROVIDE NOTICE OF SUCH MONITORING AND
 TESTING TO THE  PUBLIC,  INCLUDING  TO  ADJACENT  IMPACTED  COMMUNITIES,
 THROUGH  PUBLIC OUTREACH TO COMMUNITY MEMBERS AND BY POSTING INFORMATION
 ON THE DEPARTMENT'S WEBSITE; AND
   (F) PROVIDE FOR REIMBURSEMENT FOR PFAS TESTING TO FARMERS WHO MAKE  AN
 APPLICATION  FOR  SUCH  STATE ASSISTANCE PAYMENT IN PARTNERSHIP WITH THE
 RELEVANT LOCAL SOIL AND WATER CONSERVATION DISTRICT,  AS  PRESCRIBED  IN
 SECTION 27-0803 OF THE ENVIRONMENTAL CONSERVATION LAW.
   §  4. The state finance law is amended by adding a new section 95-l to
 read as follows:
   § 95-L. AGRICULTURAL PFAS RESPONSE FUND. 1.  THERE  IS  HEREBY  ESTAB-
 LISHED  IN  THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF
 TAXATION AND FINANCE A SPECIAL FUND TO BE  KNOWN  AS  THE  "AGRICULTURAL
 PFAS RESPONSE FUND".
   2. SUCH FUND SHALL CONSIST OF MONIES APPROPRIATED, CREDITED, OR TRANS-
 FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   3.  ALL  MONIES DEPOSITED IN THE AGRICULTURAL PFAS RESPONSE FUND SHALL
 BE AVAILABLE FOR THE PURPOSES OF THE PFAS AGRICULTURAL RESPONSE  PROGRAM
 PURSUANT TO ARTICLE ELEVEN-C OF THE AGRICULTURE AND MARKETS LAW.
   4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
 OF THE DEPARTMENT OF AGRICULTURE AND MARKETS.
   § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 6. This act shall take effect immediately.