S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10927
 
                           I N  A S S E M B L Y
 
                               May 29, 2018
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Health
 
 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:
 
   Section 1. Subdivisions 6, 7 and 9  of  section  1112  of  the  public
 health law, as added by section 1 of part M of chapter 57 of the laws of
 2017, are amended to read as follows:
   6.  The commissioner shall promulgate regulations establishing notifi-
 cation levels for any emerging contaminant listed pursuant  to  subdivi-
 sion  three of this section. Any notification level established pursuant
 to this subdivision shall be equal to or lower than any federal lifetime
 health advisory level established pursuant to the federal Safe  Drinking
 Water  Act  (42 U.S.C. § 300g-1). If no federal lifetime health advisory
 level has been established, the commissioner shall  establish  notifica-
 tion  levels  based  upon  the available scientific information, and may
 take into consideration recommendations of the  drinking  water  quality
 council  established pursuant to section eleven hundred thirteen of this
 title. SUCH NOTIFICATION LEVELS SHALL BE MADE EASILY ACCESSIBLE  TO  THE
 PUBLIC  THROUGH  A  LINK  THAT IS POSTED ON THE DEPARTMENT'S WEBSITE AND
 UPDATED REGULARLY.
   7. Notwithstanding subdivision three of this section, the commissioner
 may, by declaration, add  any  physical,  chemical,  microbiological  or
 radiological  substance to the list of emerging contaminants established
 pursuant to subdivision three of this section, establish a  notification
 level,  and  require  testing  for  such  substance, if the commissioner
 determines that: (i) such substance poses or has the potential to pose a
 significant hazard to human health when present in drinking water;  (ii)
 such  substance  was  recently detected in a public water system and has
 the potential to be present in other public water systems; and (iii)  it
 appears to be prejudicial to the interests of the people to delay action
 by  preparing  and  filing regulations. The commissioner shall, however,
 promulgate regulations adding such new emerging  contaminant  or  estab-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13146-01-7

 A. 10927                            2
 
 lishing  such  notification  level  within one year of such declaration.
 Such declaration shall clearly state where and the date  by  which  such
 testing  must  occur.  After  the  commissioner  promulgates regulations
 adding  such  emerging contaminant, such regulations shall supersede the
 declaration issued pursuant to this subdivision.   UNTIL SUCH  NOTIFICA-
 TION  LEVELS ARE POSTED ON THE DEPARTMENT'S WEBSITE PURSUANT TO SUBDIVI-
 SION SIX OF THIS SECTION, THE COMMISSIONER SHALL POST  THE  NOTIFICATION
 LEVELS ESTABLISHED BY DECLARATION ON SUCH WEBSITE SO THAT THEY ARE EASI-
 LY ACCESSIBLE THROUGH A LINK TO THE PUBLIC.
   9.  The  commissioner shall work in consultation with the commissioner
 of the department of environmental conservation to  develop  educational
 materials, and may take into consideration recommendations of the drink-
 ing water quality council established pursuant to section eleven hundred
 thirteen  of this title. Such educational materials shall be made avail-
 able THROUGH A LINK ON THE DEPARTMENT'S WEBSITE THAT IS EASILY  ACCESSI-
 BLE  to the covered public water system and the general public, relating
 to methodologies for reducing  exposure  to  emerging  contaminants  and
 potential  actions  that  may be taken to mitigate or remediate emerging
 contaminants. SUCH LINK  SHALL  ALSO  INCLUDE  INFORMATION  RELATING  TO
 NOTIFICATION  LEVELS  ESTABLISHED BY DECLARATION PURSUANT TO SUBDIVISION
 SEVEN OF THIS SECTION AND BY REGULATION PURSUANT TO SUBDIVISION  SIX  OF
 THIS  SECTION.  THE COMMISSIONER SHALL COORDINATE WITH THE UNITED STATES
 ENVIRONMENTAL PROTECTION AGENCY TO ENSURE THAT THE INFORMATION AVAILABLE
 ON THE EPA'S DRINKING WATER WATCH WEBSITE IS AVAILABLE TO  PUBLIC  WATER
 SYSTEMS  AND THAT INFORMATION AVAILABLE ON THE EPA'S SAFE DRINKING WATER
 INFORMATION SYSTEM IS AVAILABLE TO THE PUBLIC THROUGH AN EASILY ACCESSI-
 BLE LINK ON THE DEPARTMENT'S WEBSITE. THE WEBSITE AND SUCH  LINKS  SHALL
 ALLOW,  TO  THE EXTENT PRACTICABLE, THE PUBLIC TO EASILY ACCESS INFORMA-
 TION INCLUDING BUT NOT  LIMITED  TO,  BASIC  WATER  SYSTEM  INFORMATION,
 INCLUDING  SYSTEM  IDENTIFICATION  NUMBER,  NAME  AND  TYPE,  DEPARTMENT
 CONTACTS, PUBLIC NOTICES, VIOLATIONS AND ENFORCEMENT  ACTIONS  TAKEN  BY
 THE  STATE  AND  FEDERAL GOVERNMENT. THE WEBSITE AND SUCH LINKS SHALL BE
 MONITORED AND UPDATED REGULARLY  BY  THE  DEPARTMENT.  The  commissioner
 shall  also  provide  the  covered  public water system with information
 relating to potential funding sources provided by the state and  federal
 government  for  mitigation  or  remedial  activities, and to reduce the
 exposure to emerging contaminants.
   § 2. This act shall take effect immediately.