S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8764
 
                             I N  S E N A T E
 
                              April 13, 2022
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to the  establishment
   of maximum contaminant level goals (MCLGs) for emerging contaminants
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Subdivision 2 of section 1112 of the public health law  is
 amended by adding a new paragraph d to read as follows:
   D.  "MAXIMUM  CONTAMINANT LEVEL GOAL" OR "MCLG" SHALL MEAN THE MAXIMUM
 LEVEL OF A CONTAMINANT IN DRINKING WATER AT WHICH  NO  KNOWN  OR  ANTIC-
 IPATED  ADVERSE  EFFECT  ON THE HEALTH OF PERSONS WOULD OCCUR, AND WHICH
 ALLOWS AN ADEQUATE MARGIN OF SAFETY.   MAXIMUM CONTAMINANT  LEVEL  GOALS
 ARE NON-ENFORCEABLE HEALTH GOALS.
   § 2.  Section 1112 of the public health law is amended by adding a new
 subdivision 15 to read as follows:
   15.  THE  COMMISSIONER SHALL BY REGULATION ESTABLISH A MAXIMUM CONTAM-
 INANT LEVEL GOAL (MCLG) FOR EACH  EMERGING  CONTAMINANT  FOR  WHICH  THE
 COMMISSIONER  HAS  ESTABLISHED  A  MAXIMUM  CONTAMINANT  LEVEL AS OF THE
 EFFECTIVE DATE OF THIS SUBDIVISION AND FOR WHICH THE COMMISSIONER ESTAB-
 LISHES A MAXIMUM CONTAMINANT LEVEL AFTER  THE  EFFECTIVE  DATE  OF  THIS
 SUBDIVISION.   WHEN ESTABLISHING A MCLG, THE COMMISSIONER SHALL CONSIDER
 THE ADVERSE HEALTH RISK TO SENSITIVE SUB-POPULATIONS, INCLUDING INFANTS,
 CHILDREN, THE ELDERLY, AND THOSE WITH  COMPROMISED  IMMUNE  SYSTEMS  AND
 CHRONIC  DISEASES.  FOR MICROBIAL CONTAMINANTS THAT MAY PRESENT A PUBLIC
 HEALTH RISK, THE COMMISSIONER SHALL SET THE MCLG AT ZERO.  FOR  CHEMICAL
 CONTAMINANTS  THAT  ARE CARCINOGENS, THE COMMISSIONER SHALL SET THE MCLG
 AT ZERO IF BOTH OF THESE ELEMENTS ARE PRESENT:  (A)  THERE  IS  EVIDENCE
 THAT  A  CHEMICAL MAY CAUSE CANCER; AND (B) THERE IS NO DOSE BELOW WHICH
 THE CHEMICAL IS CONSIDERED SAFE.  IF A CHEMICAL IS  CARCINOGENIC  AND  A
 SAFE  DOSE  CAN  BE DETERMINED, THE COMMISSIONER SHALL SET THE MCLG AT A
 LEVEL ABOVE ZERO THAT IS SAFE.  FOR CHEMICAL CONTAMINANTS THAT ARE  NON-
 CARCINOGENS BUT CAN CAUSE ADVERSE NON-CANCER HEALTH EFFECTS, THE COMMIS-
 SIONER  SHALL  SET  THE  MCLG BASED ON THE CHEMICAL'S REFERENCE DOSE.  A
 REFERENCE DOSE IS AN ESTIMATE OF THE AMOUNT OF A CHEMICAL THAT A  PERSON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15309-01-2
 S. 8764                             2

 CAN  BE  EXPOSED  TO  ON  A DAILY BASIS THAT IS NOT ANTICIPATED TO CAUSE
 ADVERSE HEALTH EFFECTS OVER A LIFETIME.
   §  3.    Paragraph  (b) of subdivision 5 of section 1113 of the public
 health law, as added by section 1 of part R of chapter 57 of the laws of
 2017, is amended to read as follows:
   (b) a review of substances identified as emerging contaminants  pursu-
 ant  to  section  one  thousand  one hundred twelve of this title. Where
 appropriate the council shall recommend  either  a  maximum  contaminant
 level (MCL) AND MAXIMUM CONTAMINANT LEVEL GOAL (MCLG), or the removal of
 the  substance  from  the list of emerging contaminants, on the basis of
 available scientific evidence and any other relevant factors. THE  COUN-
 CIL  SHALL ALSO RECOMMEND A MCLG FOR EACH EMERGING CONTAMINANT FOR WHICH
 IT HAS ALREADY RECOMMENDED AN MCL AS OF THE EFFECTIVE DATE OF THIS PARA-
 GRAPH;
   § 4.  This act shall take effect immediately.