NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A141
SPONSOR: Kavanagh
 
TITLE OF BILL: An act to amend the public health law, in relation to
fluoride additives in water
 
PURPOSE: To set an optimal target level and a maximum level of fluor-
ide for public water systems
 
SUMMARY OF PROVISIONS:
Section 1 of the bill would amend section 1100-a of the public health
law by adding a new subdivision 3 to set an optimal fluoride target
level of 0.7 milligrams per liter and a maximum fluoride level of 0.8
milligrams per liter for any public water supply to which fluoride is
added.
Section 2 of the bill sets forth the effective date.
 
JUSTIFICATION: The Federal Safe Drinking Water Act of 1974 requires
the US Environmental Protection Agency to determine the maximum level of
fluoride permitted in drinking water, with both enforceable and non-en-
forceable goals. Until recently, the recommendation for optimal fluori-
dation from both the EPA and the US Department of Health and Human
Services for public water systems that add fluoride had been a range of
0.7 to 1.2 milligrams per liter (mg/L), In January 2011, based on new
assessments aimed at striking a balance between preventing tooth decay
and limiting potential harmful effects of over-fluoridation, the agen-
cies issued a new recommendation of 0.7 mg/L.
Currently, New York State enforces a range of 0.8 mg/L to 1.2 mg/L for
public water supply systems that fluoridate, well above the new EPA and
HHS recommendation. Given that most people are also exposed to fluoride
in toothpaste, which is a more effective way of applying it, New York
State risks adverse effects by continuing to fluoridate our water at
higher levels than necessary.
 
LEGISLATIVE HISTORY: 2012: A10398 (Kavanagh) - Health
 
FISCAL IMPACT ON THE STATE: This bill would have no significant fiscal
impact on the state and would reduce costs to public water systems that
fluoridate water.
 
EFFECTIVE DATE: This act shall take effect on the 90th day after it
shall have become a law. Effective immediately, any rules, regulations,
and actions necessary to implement the provisions of this act on its
effective date are authorized to be made prior to such date.