U.S. Sen. Kirsten Gillibrand announced a bill on Thursday that would make it easier for victims of high levels of exposure to harmful PFAS chemicals to sue manufacturers. Gillibrand's PFAS Accountability Act would create a specific legal "cause of action" under the Toxic Substance Control Act that would allow people to sue for significant PFAS exposure.
"An individual would be considered significantly exposed if they demonstrate that they were present in an area where PFAS was released for at least one year, or they get their blood testing done that demonstrates PFAS exposure," Gillibrand said at an online press conference.
The bill would also make it easier for judges to award medical monitoring to victims to screen them periodically for PFAS-related diseases.
Most Americans have some amount of PFAS in their blood, according to the Centers for Disease Control and Prevention. The chemicals are commonly found in consumer products like nonstick pans, microwave popcorn bags, and house paints. They're also often used in manufacturing and firefighting foam sprays. They can leach into water systems, contaminating what comes out of people's faucets.
"This can put their health at risk, as PFAS chemicals are associated with many illnesses, like cancer, liver and immune system problems, and developmental abnormalities in kids," Gillibrand said.
High levels of PFAS contamination are common near military bases and in areas where there's been lots of firefighting.
In 2020, the Adirondack Explorer reported high PFAS levels due to firefighting spray at the Adirondack Regional Airport and a nearby mobile home park. The state Department of Environmental Conservation has designated the airport as a hazardous waste site.
And a 2022 assessment at the Fort Drum Army base near Watertown showed that some areas of the base have PFAS levels higher than the risk screening levels set by the Office of the Secretary of Defense.
Gillibrand encouraged New Yorkers to get their blood tested for PFAS if there are allegations of contamination in their area, or to have their well water tested. Public water systems are tested for PFAS on a regular basis.