Establishes the maximum contaminant level goals (MCLGs) for emerging contaminants; provides that the commissioner of health shall by regulation establish a maximum contaminant level goal (MCLG) for each emerging contaminant for which such commissioner has established; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
2996
2023-2024 Regular Sessions
IN ASSEMBLY
February 1, 2023
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to the establishment
of maximum contaminant level goals (MCLGs) for emerging contaminants
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 1112 of the public health law is
2 amended by adding a new paragraph d to read as follows:
3 d. "Maximum contaminant level goal" or "MCLG" shall mean the maximum
4 level of a contaminant in drinking water at which no known or antic-
5 ipated adverse effect on the health of persons would occur, and which
6 allows an adequate margin of safety. Maximum contaminant level goals
7 are non-enforceable health goals.
8 § 2. Section 1112 of the public health law is amended by adding a new
9 subdivision 15 to read as follows:
10 15. The commissioner shall by regulation establish a maximum contam-
11 inant level goal (MCLG) for each emerging contaminant for which the
12 commissioner has established a maximum contaminant level as of the
13 effective date of this subdivision and for which the commissioner estab-
14 lishes a maximum contaminant level after the effective date of this
15 subdivision. When establishing a MCLG, the commissioner shall consider
16 the adverse health risk to sensitive sub-populations, including infants,
17 children, the elderly, and those with compromised immune systems and
18 chronic diseases. For microbial contaminants that may present a public
19 health risk, the commissioner shall set the MCLG at zero. For chemical
20 contaminants that are carcinogens, the commissioner shall set the MCLG
21 at zero if both of these elements are present: (a) there is evidence
22 that a chemical may cause cancer; and (b) there is no dose below which
23 the chemical is considered safe. If a chemical is carcinogenic and a
24 safe dose can be determined, the commissioner shall set the MCLG at a
25 level above zero that is safe. For chemical contaminants that are non-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06115-01-3
A. 2996 2
1 carcinogens but can cause adverse non-cancer health effects, the commis-
2 sioner shall set the MCLG based on the chemical's reference dose. A
3 reference dose is an estimate of the amount of a chemical that a person
4 can be exposed to on a daily basis that is not anticipated to cause
5 adverse health effects over a lifetime.
6 § 3. Paragraph (b) of subdivision 5 of section 1113 of the public
7 health law, as added by section 1 of part R of chapter 57 of the laws of
8 2017, is amended to read as follows:
9 (b) a review of substances identified as emerging contaminants pursu-
10 ant to section one thousand one hundred twelve of this title. Where
11 appropriate the council shall recommend either a maximum contaminant
12 level (MCL) and maximum contaminant level goal (MCLG), or the removal of
13 the substance from the list of emerging contaminants, on the basis of
14 available scientific evidence and any other relevant factors. The coun-
15 cil shall also recommend a MCLG for each emerging contaminant for which
16 it has already recommended an MCL as of the effective date of this para-
17 graph;
18 § 4. This act shall take effect immediately.
