NY State Senate Bill 2023-S3110

Senate Bill S3110

2023-2024 Legislative Session

Establishes the office of wastewater surveillance and creates a grant program; appropriation

download bill text pdf

Current Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to finance
Jan 27, 2023	referred to finance

2023-S3110 (ACTIVE) - Details

See Assembly Version of this Bill:: A6675
Current Committee:: Senate Finance
Law Section:: Appropriations
Laws Affected:: Add Art 11 Title V §§1180 - 1182, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S7361, A8178

2023-S3110 (ACTIVE) - Summary

Establishes the office of wastewater surveillance; creates a grant program; provides such office shall monitor wastewater testing and analyze wastewater test results; provides the grant program shall assist labs in conducting wastewater testing

2023-S3110 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3110

SPONSOR: MANNION
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to establish the Office of Wastewater
Surveillance and create a grant program.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill would amend the Public Health Law by adding a new
title which creates the office of wastewater surveillance, a grant
program and an advisory council.

Section 2 of this bill would make an appropriation for the establishment
of the Office of Wastewater Surveillance and a grant program.

Section 3 of this bill would provide that the effective date 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 eight-
ieth day after this act shall have become a law.

 
JUSTIFICATION:

COVID-19 has had a devastating impact on New York State. Communities are
still feeling the effect of a statewide shutdown that occurred in March
of 2020. This severe and overarching pause could have been avoided with
wastewater surveillance.

Individuals infected with SARS-CoV-2 shed RNA in their feces, which
makes it possible for scientists to detect the presence of the virus
within communities through their wastewater systems. Many laboratories
have already been conducting testing of wastewater independently. This
kind of testing has been instrumental in detecting COVID-1 9 in inde-
pendent populations and it would be beneficial to the state to be able
to do the same on a larger scale.  Coronavirus is not the first, nor
will it be the last pandemic that New York will face. Wastewater testing
is necessary to a pandemic relief plan in the future and is the first
step to learning from our current experiences and circumstances.

Establishing the office of wastewater surveillance would not only help
monitor the rate of coronavirus infections but would also help track
other pathogens that pose a major risk to public health; these include
environmental toxins, lead levels, sexually transmitted diseases, HIV,
and respiratory diseases among others. The possibilities of wastewater
surveillance are endless. With the appropriate support and funding New
York could be the pioneer in establishing targeted responses for vulner-
able communities.

 
LEGISLATIVE HISTORY:

2021-22: S.7361 (Mannion) - Referred to Finance.
 
FISCAL IMPLICATIONS:

The sum of one million five hundred thousand dollars as appropriated for
the establishment of the office and the grant program.

 
EFFECTIVE DATE:
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 regu-
lation necessary for the implementation of this act on its effective
date are authorized to be made on or before such date.

2023-S3110 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3110
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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.
                                                            LBD04993-01-3
 S. 3110                             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
 S. 3110                             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.

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