S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6655
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13146-01-7

 S. 6655                             2
 
 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-
 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.