Navigating New York’s Strict New PFAS Regulations
On June 3, 2026, the New York Legislature officially passed A08634/S3207B, drastically lowering the acceptable Maximum Contaminant Levels (MCLs) for forever chemicals under the Public Health Law. While water utilities have until 2029 to comply with the new drinking water standard, the implications for municipalities in terms of remediation, land use, and zoning concerns, are immediate.
What Are PFAS and What New Limits Have Been Established?
PFAS are chemicals that have long-term negative impacts on human health. PFAS are often called “forever chemicals” because they cannot be removed from water by boiling. They stay in the human body and build up over time, raising concerns about the cumulative effect of such exposure.
Forever chemicals contaminate surface or groundwater in New York through industrial discharges into the air, water or soil, as well as sewage treatment plant discharge, agricultural runoff, landfill leaching, and even certain fire-fighting foams.
New York previously limited PFOS and PFOA (part of a class of chemicals known as PFAS) to 10 parts per trillion—an already strict limit compared to other states. The new bill lowers the PFAS threshold to 4 parts per trillion (ppt), what the sponsors cite as the “lowest levels possible for a feasible, effective implementation of the monitoring program.” In addition to PFOS and PFOA, similar chemicals that previously had varied or no limits (PFNA, PFHxS, HFPO-DA, and PFBS) are now limited to 10 parts per trillion.
Implications for New York Municipalities
Municipal water suppliers face steep infrastructure costs to upgrade filtration systems (e.g., implementing granular activated carbon or ion exchange technologies) to hit the 4 ppt target before 2029.
Bleakley Platt attorneys are well-versed in assisting municipalities with meeting such compliance standards. Partners Robert Braumuller and Lino Sciarretta, for example, were already counseling municipal governments and public water utilities on land use approvals involving water filtration upgrades to meet State compliance guidelines prior to the new legislation. For this municipality and other New York communities, PFAS remediation may also be a land use and zoning challenge, since new equipment and infrastructure is often required.
The State Environmental Quality Review Act (SEQRA) process may become a major battleground as state agencies will likely mandate deeper groundwater testing before approving the construction of major subdivisions, high-density residential rezonings, or industrial parks. Sites previously given a clean bill of health or a Certificate of Completion under older, higher PFAS baselines may face reevaluation if groundwater plumes migrate toward municipal wells. In short, New York PFAS regulations will now have an even larger impact on municipalities and development than before.
Next Steps for New York Municipal Water Treatment
Municipalities and public water utilities must take immediate steps towards remediating drinking water treatment well before the 2029 PFAS compliance deadline. Bleakley Platt recommends the following initial steps:
- Conduct a Site Profile Audit – Review all historic manufacturing, chemical storage, and fire-fighting foam usage profiles on municipal and commercial parcels to pinpoint potential source zones.
- Update Contractual Due Diligence Checklists – Amend all boilerplate real estate and land-use contracts to require that Phase I and Phase II ESAs test specifically down to the new 4 ppt and 10 ppt metrics.
- Review Local Zoning and Wellhead Protections – Municipalities should update their comprehensive plans and local wellhead protection ordinances to restrict high-risk industrial zoning designations upstream from municipal water sources.
- Evaluate Cost-Recovery and Litigation – Engage legal counsel to assess whether infrastructure upgrade costs can be recovered via ongoing multi-district litigation (MDL) against legacy PFAS manufacturers.
How Bleakley Platt Can Guide You Towards Compliance
New York’s new PFAS regulations will now have the strictest limits on these chemicals in the nation. Bleakley Platt’s Municipal and Land Use & Zoning Practice Groups are ready to help municipalities with compliance, infrastructure, and land use & zoning matters to meet strict new PFAS thresholds. Contact us today: 914-949-2700.