STATE OF NEW YORK
________________________________________________________________________
7299
2023-2024 Regular Sessions
IN ASSEMBLY
May 17, 2023
___________
Introduced by M. of A. JENSEN -- read once and referred 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.
LBD00212-01-3
A. 7299 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 his or her term of
26 office or until his or her successor is appointed; provided that any
27 vacancy in the position of an appointed member shall be filled in the
28 same manner as the original appointment and only for the unexpired term
29 of the vacancy. Provided, further, that any appointed member of the
30 drinking water quality institute may be removed for cause by his or her
31 appointing authority 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
A. 7299 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.
