S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8178
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 9, 2021
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN ACT to amend the public health law, in relation to  establishing  the
   office  of  wastewater  surveillance and creating a grant program; and
   making an appropriation therefor

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Article 11 of the public health law is amended by adding a
 new title V to read as follows:
                                  TITLE V
                          WASTEWATER SURVEILLANCE
 SECTION 1180. OFFICE OF WASTEWATER SURVEILLANCE.
         1181. GRANT PROGRAM.
         1182. ADVISORY COUNCIL.
   § 1180. OFFICE OF WASTEWATER  SURVEILLANCE.  1.  THE  COMMISSIONER  IN
 CONJUNCTION  WITH  THE  COMMISSIONER OF ENVIRONMENTAL CONSERVATION SHALL
 ESTABLISH AN OFFICE WITHIN THE DEPARTMENT THAT SHALL MONITOR  WASTEWATER
 SURVEILLANCE INCLUDING THE TESTING AND ANALYSIS OF WASTEWATER FOR PUBLIC
 HEALTH.
   2. THE OFFICE SHALL PARTNER AND COORDINATE WITH:
   (A) LABS ESTABLISHED PURSUANT TO THIS ARTICLE THAT AS OF THE EFFECTIVE
 DATE  OF  THIS  SECTION,  ARE ENGAGED IN COVID-19 WASTEWATER TESTING, IN
 ORDER TO EXPAND TESTING TO INCLUDE OTHER PATHOGENS; AND
   (B) THE STATE UNIVERSITY OF NEW YORK AND OTHER INSTITUTIONS OF  HIGHER
 LEARNING  THAT  AS OF THE EFFECTIVE DATE OF THIS SECTION, ARE ENGAGED IN
 WASTEWATER SURVEILLANCE.
   3. THE OFFICE SHALL CREATE A STANDARDIZED SYSTEM FOR  LABS  TO  REPORT
 WASTEWATER  TEST  RESULTS  AND SHALL PROVIDE INCENTIVES FOR SUCH LABS TO
 REPORT ACCURATE WASTEWATER TEST RESULTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11764-02-1

              

 A. 8178                             2
 
   4. THE OFFICE SHALL CREATE AN  ONLINE  PUBLIC-FACING  DASHBOARD  WHERE
 DATA FROM WASTEWATER SURVEILLANCE ARE PUBLISHED AND SUCH DASHBOARD SHALL
 COMPLY WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT.
   5. (A) THE OFFICE SHALL PREPARE AND SUBMIT A REPORT WITHIN ONE YEAR OF
 THE EFFECTIVE DATE OF THIS SECTION AND ANNUALLY THEREAFTER TO THE GOVER-
 NOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,
 MINORITY LEADER OF THE SENATE, MINORITY LEADER OF THE ASSEMBLY, CHAIR OF
 THE  SENATE  COMMITTEE  ON  HEALTH  AND THE CHAIR OF THE ASSEMBLY HEALTH
 COMMITTEE OF ITS POLICY RECOMMENDATIONS BASED ON THE RESULTS FROM WASTE-
 WATER SURVEILLANCE.
   (B) IN THE EVENT THAT WASTEWATER SURVEILLANCE SHOWS AN ABNORMALLY HIGH
 LEVEL OF PATHOGENS WHICH IS INDICATIVE  OF  A  POSSIBLE  COMMUNITY  WIDE
 INFECTION  OF  SUCH  PATHOGEN,  THE  OFFICE SHALL NOTIFY AND MAKE POLICY
 RECOMMENDATIONS TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,
 THE  SPEAKER  OF  THE  ASSEMBLY, MINORITY LEADER OF THE SENATE, MINORITY
 LEADER OF THE ASSEMBLY, CHAIR OF THE SENATE COMMITTEE ON HEALTH AND  THE
 CHAIR OF THE ASSEMBLY HEALTH COMMITTEE AS SOON AS PRACTICABLE.
   §  1181. GRANT PROGRAM.  THE COMMISSIONER SHALL ESTABLISH AND ADMINIS-
 TER A GRANT PROGRAM THAT SHALL ASSIST LABS ESTABLISHED PURSUANT TO  THIS
 ARTICLE IN CONDUCTING WASTEWATER TESTING.
   §  1182. ADVISORY COUNCIL. 1. THE COMMISSIONER IN CONJUNCTION WITH THE
 COMMISSIONER OF ENVIRONMENTAL CONSERVATION SHALL ESTABLISH  AN  ADVISORY
 COUNCIL, WHICH SHALL PROVIDE ADVICE ON:
   (A)  BEST  PRACTICES  FOR  WASTEWATER SAMPLING, WASTEWATER TESTING AND
 ANALYSIS OF WASTEWATER TEST RESULTS;
   (B) THE CREATION OF STANDARDS AND SYSTEMS OF REPORTING  ON  WASTEWATER
 SURVEILLANCE;
   (C)  THE CREATION OF THE DASHBOARD ESTABLISHED PURSUANT TO SUBDIVISION
 FOUR OF SECTION ELEVEN HUNDRED EIGHTY OF THIS TITLE;
   (D) INTEGRATING WASTEWATER SURVEILLANCE FOR COVID-19 INTO  THE  OFFICE
 OF  WASTEWATER  SURVEILLANCE  ESTABLISHED  PURSUANT  TO  SECTION  ELEVEN
 HUNDRED EIGHTY OF THIS TITLE; AND
   (E) ANY TOPICS DEEMED ESSENTIAL BY THE COMMISSIONER.
   2. THE ADVISORY COUNCIL SHALL CONSIST OF A MINIMUM OF FIVE MEMBERS AND
 NO MORE THAN NINE MEMBERS WITH  SUCH  MEMBERS  COMING  FROM  PUBLIC  AND
 PRIVATE  INSTITUTIONS  OF  HIGHER LEARNING WITH EXPERIENCE IN WASTEWATER
 SURVEILLANCE WHO SHALL BE APPOINTED BY THE COMMISSIONER  IN  CONJUNCTION
 WITH  THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION. SUCH MEMBERS SHALL
 INCLUDE, BUT NOT BE LIMITED TO PERSONS  WHO  HAVE  A  BACKGROUND  AND/OR
 EXPERIENCE IN THE FOLLOWING FIELDS:
   (A) MICROBIOLOGIST;
   (B) CHEMIST;
   (C) ENVIRONMENTAL ENGINEER;
   (D) EPIDEMIOLOGIST; AND
   (E) GEOGRAPHER.
   3.  MEMBERSHIP  ON THE ADVISORY COUNCIL SHALL BE GEOGRAPHICALLY REPRE-
 SENTATIVE OF THE STATE. THE MEMBERS SHALL SERVE THREE-YEAR TERMS.    THE
 CHAIRPERSON  SHALL  BE  SELECTED  BY MAJORITY VOTE OF THE MEMBERS OF THE
 COUNCIL. THE COUNCIL SHALL MEET AT THE CALL OF THE COMMISSIONER, BUT  NO
 LESS  THAN  FOUR TIMES PER YEAR. A MAJORITY OF THE MEMBERS SHALL CONSTI-
 TUTE A QUORUM.
   4. THE MEMBERS OF THE ADVISORY COUNCIL SHALL RECEIVE  NO  COMPENSATION
 FOR  THEIR SERVICES AS MEMBERS OF THE COUNCIL, BUT EACH OF THEM SHALL BE
 ALLOWED THE NECESSARY AND ACTUAL EXPENSES WHICH HE OR SHE SHALL INCUR IN
 THE PERFORMANCE OF HIS OR HER DUTIES UNDER THIS SECTION. THE  DEPARTMENT

 A. 8178                             3

 SHALL  PROVIDE  STAFF  AND SUPPORT NECESSARY FOR THE ADVISORY COUNCIL TO
 CARRY OUT ITS DUTIES AND RESPONSIBILITIES.
   5.  THE ADVISORY COUNCIL SHALL CONVENE ITS FIRST MEETING WITHIN FORTY-
 FIVE DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
   6. THE ADVISORY COUNCIL SHALL REPORT ITS FINDINGS  TO  THE  OFFICE  OF
 WASTEWATER  SURVEILLANCE  ESTABLISHED PURSUANT TO SECTION ELEVEN HUNDRED
 EIGHTY OF THIS TITLE WITHIN ONE YEAR OF ITS FIRST MEETING  AND  ANNUALLY
 THEREAFTER.
   §   2.   The   sum  of  one  million  five  hundred  thousand  dollars
 ($1,500,000), or so much thereof as may be available, is  hereby  appro-
 priated  to the department of health from any moneys in the state treas-
 ury in the general fund to the credit of the state purposes account, not
 otherwise appropriated, and made immediately available, for the purposes
 of establishing the  office  of  wastewater  surveillance  and  for  the
 creation of the grant program with an annual appropriation thereafter to
 be  determined by the commissioner of health. Such moneys shall be paya-
 ble on the audit and warrant of the comptroller on vouchers certified or
 approved by the commissioner of health in the manner prescribed by law.
   § 3. This act shall take effect immediately; provided,  however,  that
 sections  eleven  hundred  eighty  and  eleven hundred eighty-one of the
 public health law as added by section one of this act shall take  effect
 on the one hundred eightieth day after this act shall have become a law.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized to be made on or before such date.