As part of the Budget Bill passed in May, the State of New York enacted an important expansion of the municipal exemptions for airports and fire training sites owned or operated by municipalities, public corporations, or fire districts at which foam containing [Per- and Polyfluoroalkyl Substances (PFAS)] chemicals were used pursuant to law. Additionally, landfills owned and operated by a municipality or public corporation are now eligible for the municipal exemption.

These important exemptions aim to alleviate the significant financial burden on municipalities, public corporations and fire districts facing potential Superfund liability for expensive remediation activities due to historical PFAS use at these facilities.

The legislation also requires the New York State Department of Environmental Conservation (NYSDEC) to “establish interim generic PFAS soil and groundwater testing guidance to inform the development of cleanup objectives until the department of health establishes maximum contaminant, notification, or action levels for any PFAS chemical” by January 1, 2027.

New York has taken significant steps to regulate the use of PFAS in firefighting foam, also known as Class B firefighting foam. The law, codified under New York General Business Law § 391-u, prohibits the manufacture, sale, distribution, and use of firefighting foams containing intentionally added PFAS chemicals in the State. The prohibition specifically applies to the discharge or use of such foams for training purposes.

New York State has banned the sale of firefighter gear containing PFAS chemicals as of 2028. Going forward, municipalities, public corporations and fire districts should review their operations and replace PFAS-containing foams with FFF concentrates. Proper disposal is required, with manufacturers offering recalls and reimbursement.

Prioritize purchasing PFAS-free PPE before the 2028 ban and stay informed by monitoring guidance from the Office of Fire Prevention and Control (OFPC) and NYSDEC.