S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2996
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06115-01-3
              

 A. 2996                             2
 
 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
 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.