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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S05759 Summary: BILL NO S05759C &nbsp SAME AS SAME AS A06192-D

&nbsp SPONSOR HARCKHAM &nbsp COSPNSR CLEARE, COMRIE, FAHY, HINCHEY, HOYLMAN-SIGAL, JACKSON, KAVANAGH, KRUEGER, MAYER, SERRANO, SKOUFIS &nbsp MLTSPNSR &nbsp Add Art 27 Title 8 §§27-0801 & 27-0803, §71-2704, En Con L &nbsp Establishes a moratorium on the sale and use of biosolids; defines terms.

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STATE OF NEW YORK ________________________________________________________________________

5759--C

2025-2026 Regular Sessions

IN SENATE

February 28, 2025 ___________

Introduced by Sens. HARCKHAM, CLEARE, COMRIE, FAHY, HOYLMAN-SIGAL, JACK- SON, KAVANAGH, KRUEGER, MAYER, SERRANO, SKOUFIS -- 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 -- reported favorably from said committee and committed to the Committee on Agriculture -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the environmental conservation law, in relation to establishing a moratorium on the sale and use of biosolids

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Article 27 of the environmental conservation law is amended 2 by adding a new title 8 to read as follows: 3 TITLE 8 4 MORATORIUM ON THE SALE AND USE OF BIOSOLIDS 5 Section 27-0801. Definitions. 6 27-0803. Moratorium on the sale and use of biosolids. 7 § 27-0801. Definitions. 8 As used in this title: 9 1. "Biosolids" means the accumulated semi-solids, solids or liquids 10 resulting from treatment of wastewaters from publicly or privately owned 11 or operated sewage treatment plants. 12 2. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a 13 class of fluorinated organic chemicals containing at least one fully 14 fluorinated carbon atom. 15 3. "Wastewater treatment facility" means any facility that treats 16 wastewater, including but not limited to municipal sewage treatment

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10313-16-5

S. 5759--C 2

1 plants, industrial wastewater treatment plants, and septage treatment 2 facilities. 3 § 27-0803. Moratorium on the sale and use of biosolids. 4 1. For the period commencing on the effective date of this title and 5 ending five years after such date, a moratorium shall be established on 6 the land application, and issuance, renewal, or approval of any permits 7 related thereto, of: 8 (a) biosolids generated from a publicly or privately owned or operated 9 wastewater treatment facility; 10 (b) compost material that included in its production biosolids gener- 11 ated from a publicly or privately owned or operated wastewater treatment 12 facility; and 13 (c) any other product or material that is intended for use as a ferti- 14 lizer, soil amendment, topsoil replacement or mulch, or for other simi- 15 lar agricultural purposes including parks, golf courses, or other non- 16 crop land applications, that is derived from or contains biosolids 17 generated from a publicly or privately owned or operated wastewater 18 treatment facility. 19 2. For the period commencing on the effective date of this title and 20 ending five years after such date, a moratorium shall be established on 21 selling, offering for sale, distributing, or otherwise providing bioso- 22 lids, including products containing biosolids, in the state for use as 23 fertilizer, soil amendment, topsoil replacement, mulch, or for other 24 similar purposes. 25 3. The moratoria in subdivisions one and two of this section shall not 26 apply to: 27 (a) the disposal or placement at a solid waste landfill of any of the 28 materials that are prohibited from application, spreading, sale or 29 distribution by this section; or 30 (b) the land application of or the sale or distribution of compost 31 materials or other agricultural products or materials derived from or 32 containing residuals generated as a result of the processing or culti- 33 vation of food, food waste, crops or vegetative material, manure, 34 litter, food processing waste, process wastewater from any animal feed- 35 ing operation, digestate from such materials, or any other product or 36 material that is not derived from or does not contain biosolids. 37 § 2. The environmental conservation law is amended by adding a new 38 section 71-2704 to read as follows: 39 § 71-2704. Violations of title 8 of article 27 of this chapter. 40 A person who violates any of the provisions of, or who fails to 41 perform any duty imposed by title 8 of article 27 of this chapter, or 42 the rules, regulations, orders or determinations of the commissioner 43 promulgated thereto, shall be liable for a penalty of not to exceed 44 twenty-five hundred dollars for each such violation and an additional 45 penalty of not more than five hundred dollars for each day during which 46 such violation continues, and, in addition thereto, such person may be 47 enjoined from continuing such violation. Penalties and injunctive relief 48 provided herein shall be recoverable in an action brought by the attor- 49 ney general at the request and in the name of the commissioner. 50 § 3. Severability clause. If any clause, sentence, paragraph, subdivi- 51 sion, section or part of this act shall be adjudged by any court of 52 competent jurisdiction to be invalid, such judgment shall not affect, 53 impair, or invalidate the remainder thereof, but shall be confined in 54 its operation to the clause, sentence, paragraph, subdivision, section 55 or part thereof directly involved in the controversy in which such judg- 56 ment shall have been rendered. It is hereby declared to be the intent of

S. 5759--C 3

1 the legislature that this act would have been enacted even if such 2 invalid provisions had not been included herein. 3 § 4. This act shall take effect on the sixtieth day after it shall 4 have become a law.

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