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S06655 Summary:

S06655 Actions:

S06655 Committee Votes:

S06655 Floor Votes:

S06655 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6655
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                      June 9, 2017
                                       ___________
 
        Introduced by Sens. HANNON, DILAN -- read twice and ordered printed, and
          when printed to be committed to the Committee on Rules
 
        AN  ACT  to  amend  the  public  health law, in relation to notification
          levels of emerging contaminants
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivisions  6,  7  and  9 of section 1112 of the public
     2  health law, as added by section 1 of part M of chapter 57 of the laws of
     3  2017, are amended to read as follows:
     4    6. The commissioner shall promulgate regulations establishing  notifi-
     5  cation  levels  for any emerging contaminant listed pursuant to subdivi-
     6  sion three of this section. Any notification level established  pursuant
     7  to this subdivision shall be equal to or lower than any federal lifetime
     8  health  advisory level established pursuant to the federal Safe Drinking
     9  Water Act (42 U.S.C. § 300g-1). If no federal lifetime  health  advisory
    10  level  has  been established, the commissioner shall establish notifica-
    11  tion levels based upon the available  scientific  information,  and  may
    12  take  into  consideration  recommendations of the drinking water quality
    13  council established pursuant to section eleven hundred thirteen of  this
    14  title.  Such  notification levels shall be made easily accessible to the
    15  public through a link that is posted on  the  department's  website  and
    16  updated regularly.
    17    7. Notwithstanding subdivision three of this section, the commissioner
    18  may,  by  declaration,  add  any  physical, chemical, microbiological or
    19  radiological substance to the list of emerging contaminants  established
    20  pursuant  to subdivision three of this section, establish a notification
    21  level, and require testing  for  such  substance,  if  the  commissioner
    22  determines that: (i) such substance poses or has the potential to pose a
    23  significant  hazard to human health when present in drinking water; (ii)
    24  such substance was recently detected in a public water  system  and  has
    25  the  potential to be present in other public water systems; and (iii) it
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13146-01-7
        S. 6655                             2
 
     1  appears to be prejudicial to the interests of the people to delay action
     2  by preparing and filing regulations. The  commissioner  shall,  however,
     3  promulgate  regulations  adding  such new emerging contaminant or estab-
     4  lishing  such  notification  level  within one year of such declaration.
     5  Such declaration shall clearly state where and the date  by  which  such
     6  testing  must  occur.  After  the  commissioner  promulgates regulations
     7  adding such emerging contaminant, such regulations shall  supersede  the
     8  declaration  issued  pursuant to this subdivision.  Until such notifica-
     9  tion levels are posted on the department's website pursuant to  subdivi-
    10  sion  six  of this section, the commissioner shall post the notification
    11  levels established by declaration on such website so that they are easi-
    12  ly accessible through a link to the public.
    13    9. The commissioner shall work in consultation with  the  commissioner
    14  of  the  department of environmental conservation to develop educational
    15  materials, and may take into consideration recommendations of the drink-
    16  ing water quality council established pursuant to section eleven hundred
    17  thirteen of this title. Such educational materials shall be made  avail-
    18  able  through a link on the department's website that is easily accessi-
    19  ble to the covered public water system and the general public,  relating
    20  to  methodologies  for  reducing  exposure  to emerging contaminants and
    21  potential actions that may be taken to mitigate  or  remediate  emerging
    22  contaminants.  Such  link  shall  also  include  information relating to
    23  notification levels established by declaration pursuant  to  subdivision
    24  seven  of  this section and by regulation pursuant to subdivision six of
    25  this section. The commissioner shall coordinate with the  United  States
    26  Environmental Protection Agency to ensure that the information available
    27  on  the  EPA's Drinking Water Watch website is available to public water
    28  systems and that information available on the EPA's Safe Drinking  Water
    29  Information System is available to the public through an easily accessi-
    30  ble  link  on the department's website. The website and such links shall
    31  allow, to the extent practicable, the public to easily  access  informa-
    32  tion  including  but  not  limited  to,  basic water system information,
    33  including  system  identification  number,  name  and  type,  department
    34  contacts,  public  notices,  violations and enforcement actions taken by
    35  the state and federal government. The website and such  links  shall  be
    36  monitored  and  updated  regularly  by  the department. The commissioner
    37  shall also provide the covered  public  water  system  with  information
    38  relating  to potential funding sources provided by the state and federal
    39  government for mitigation or remedial  activities,  and  to  reduce  the
    40  exposure to emerging contaminants.
    41    § 2. This act shall take effect immediately.