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S07303 Summary:

BILL NOS07303
 
SAME ASSAME AS A04571
 
SPONSORGALLIVAN
 
COSPNSR
 
MLTSPNSR
 
Add Art 2 Title 9 §269-a, Pub Health L
 
Establishes the drinking water quality institute to make recommendations to the department of health relating to ensuring the safety of potable water.
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S07303 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7303
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      April 9, 2025
                                       ___________
 
        Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
 
        AN ACT to amend the public health law, in relation to  establishing  the
          drinking water quality institute and providing for its duties
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Article 2 of the public health law is amended by  adding  a
     2  new title IX to read as follows:
     3                                  TITLE IX
     4                      DRINKING WATER QUALITY INSTITUTE
     5  Section 269-a. Drinking water quality institute; established.
     6    § 269-a. Drinking water quality institute; established. 1. There shall
     7  be established, within the department, the drinking water quality insti-
     8  tute. Such institute shall be composed of seventeen members as follows:
     9    (a) the commissioner;
    10    (b) the commissioner of environmental conservation;
    11    (c)  the  director of the office of remediation and materials with the
    12  department of environmental conservation;
    13    (d) the director of the office of water resources within  the  depart-
    14  ment of environmental conservation;
    15    (e)  the  director  of  the center for environmental health within the
    16  department;
    17    (f) the director of the  bureau  of  occupational  health  and  injury
    18  prevention within the department;
    19    (g)  the  director of the bureau of water supply protection within the
    20  department;
    21    (h) the director of the watershed protection and partnership  councils
    22  within the department of state;
    23    (i) three members appointed by the governor;
    24    (j)  three members appointed by the temporary president of the senate;
    25  and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07705-01-5

        S. 7303                             2
 
     1    (k) three members appointed by the speaker of the assembly.
     2    2.  (a)  Of the members appointed to the drinking water quality insti-
     3  tute, the governor, temporary president of the senate and the speaker of
     4  the assembly shall each appoint:
     5    (i) one member who represents water purveyors, of which one appointing
     6  authority shall appoint a representative of water purveyors whose prima-
     7  ry water source is an underground source or sources;
     8    (ii) one member who represents the academic scientific community; and
     9    (iii) one member representing the public,  who  has  a  background  in
    10  environmental health issues.
    11    (b)  The  members  of  such institute appointed pursuant to paragraphs
    12  (i), (j) and (k) of subdivision one of this section shall serve terms of
    13  three years; provided, however, that of the initial appointments:
    14    (i) the water purveyor representative appointed by the  governor,  the
    15  academic  scientific representative appointed by the temporary president
    16  of the senate and the public representative appointed by the speaker  of
    17  the assembly shall serve initial terms of one year;
    18    (ii)  the  public  representative appointed by the governor, the water
    19  purveyor representative appointed by  the  temporary  president  of  the
    20  senate  and  the  academic  scientific  representative  appointed by the
    21  speaker of the assembly shall serve initial terms of two years; and
    22    (iii) the remaining appointed members shall  serve  initial  terms  of
    23  three years.
    24    (c)  The  members appointed pursuant to paragraphs (i), (j) and (k) of
    25  subdivision one of this section shall each serve their term of office or
    26  until their successor is appointed; provided that  any  vacancy  in  the
    27  position  of  an  appointed member shall be filled in the same manner as
    28  the original appointment and only for the unexpired term of the vacancy.
    29  Provided, further, that any appointed member of the drinking water qual-
    30  ity institute may be removed for cause  by  their  appointing  authority
    31  after a public hearing.
    32    3.  The  members of the drinking water quality institute shall receive
    33  no compensation for their services, but shall be  allowed  their  actual
    34  and  necessary  expenses  incurred  in  the  performance of their duties
    35  pursuant to this title.
    36    4. The drinking water quality institute shall meet at such  times  and
    37  places  as may be determined by its chair, who shall be elected from the
    38  membership of such institute by a majority of the members. The institute
    39  shall meet at a minimum of biannually. A majority of the members of such
    40  institute shall constitute a quorum for  the  transaction  of  business.
    41  Action  may be taken, and motions and resolutions adopted at any meeting
    42  by the affirmative vote of a majority of  the  full  membership  of  the
    43  institute.
    44    5. The institute shall make recommendations to the department relating
    45  to:
    46    (a)  developing  a  list  of  contaminants  for which testing shall be
    47  required by all public water systems, which shall include both  supplies
    48  serving  populations  of  ten  thousand  and less and populations of ten
    49  thousand or more;
    50    (b) developing maximum  contaminant  levels  for  unregulated  contam-
    51  inants;
    52    (c)  conducting  scientific  studies  or scientific based research, as
    53  well as conducting public outreach;
    54    (d) establishing a clear notification process for  municipalities  and
    55  state  agencies dealing with water quality issues, when there are actual
    56  or potential unregulated contaminate threats including, but not  limited

        S. 7303                             3
 
     1  to,  clear  and  concise  documents  to  be  utilized when notifying the
     2  public;
     3    (e)  developing  appropriate  testing  techniques  to  measure maximum
     4  contaminant levels;
     5    (f) developing the frequency with which testing should occur;
     6    (g) ensuring state officials are aware of the most up-to-date research
     7  and science regarding water quality and contaminants;
     8    (h) working with other state agencies and the  federal  government  to
     9  ensure funds are available and accessible, parties known to be responsi-
    10  ble  for the pollution are pursued, and remediation and cleanup projects
    11  occur in a timely manner; and
    12    (i) anything else the department or the  department  of  environmental
    13  conservation designates.
    14    6.  The  drinking water quality institute shall be entitled to request
    15  and receive assistance, facilities and resources of any state, municipal
    16  department, board, commission or agency that  may  be  required  or  are
    17  deemed necessary for the purposes of such institute.
    18    7.  The  drinking water quality institute shall report to the legisla-
    19  ture within one year of the initial  convening  of  such  institute  and
    20  annually thereafter on its activities and recommendations.
    21    § 2. This act shall take effect immediately.
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