A state lawmaker is proposing to provide direct state aid to local governments cleaning up PFAS.

PFAS, or per- and polyfluoroalkyl substances, is an organic group of chemicals that has existed since the 1950s, normally found in non-stick pans, water and stain resistant fabrics, and food packaging. More recently it has been used in fire-fighting foam.

Assemblywoman Dr. Anna Kelles, D-Ithaca, has introduced A.9366 amend the state Environmental Conservation Law to provide money appropriated to the Clean Water Infrastructure Act to municipalities to support efforts to clean up contaminated sites in their communities where there is no private, responsible party, in order to protect drinking water resources from PFAS, otherwise known as forever chemicals.

“Increasingly, the State’s response efforts and investigation of emerging contaminants has found contamination on land owned or operated by municipalities or local government organizations, many of which lack the resources to advance the necessary cleanup actions,” Kelles wrote in her legislative justification. “For example, a common ingredient in firefighting foams, PFAS chemicals, are likely to be found at municipally-owned firefighting training areas and airports.”

That was the situation in Mayville in December 2020, when chemicals from firefighting foam contaminated a village drinking well and shut the village’s water system down for weeks. Eventually the cause was determined to come from firefighting training exercises at the Chautauqua Municipal Building, Mayville’s former high school. It’s not known if the legislation would have helped Mayville, which has filed a lawsuit against 23 companies that created the firefighting foam. The village has joined in a class action lawsuit against the manufacturer of the foam, but the issue has yet to be resolved. In Mayville, officials there have said in the past that they’re not sure if and when they will see any money from the lawsuit that has been filed, in part because of possible bankruptcy filings. In November 2022 it was announced PFAS have been found in the Chadakoin River. Currently, two PFAS, PFOA and PFOS, have Interim Health Advisory levels set at 0.004 parts per trillion and 0.02 respectively. These levels are incredibly low, virtually zero. The Chadakoin River was measured at 1.7 ppt PFOA and 1.8 ppt PFOS. Kelles’ legislation could potentially help with further Chadakoin River work if it is passed and signed into law.

But, the legislation does expand the state Environmental Restoration Program to allow funding for municipalities to investigate, design, and remediate municipally-owned sites contaminated with PFAS and emerging contaminants as well as amending the Environmental Conservation Law to require a municipality to use any settlement monies received from parties responsible for the contamination to fund the municipal share for the environmental restoration project.

While Chautauqua and Mayville officials have joined court action, it may take years before the local municipalities receive any money – if they receive any money at all.

“In 2017, New York State enacted the. Clean Water Infrastructure Act to provide resources to the state and municipalities to address the urgent threat of emerging contaminants and ensure sources of drinking water are

protected. Experience has shown it is municipalities who often end up addressing emerging contaminants. This bill allows more flexibility to use funds allocated under CWIA to assist municipalities in addressing PFAS chemical contamination, protecting drinking water resources to reduce these “forever” chemicals in our environment,” Kelles wrote.