§ 1100-a. Fluoridation. 1. Notwithstanding any contrary provision of
law, rule, regulation or code, any county, city, town or village that
owns both its public water system and the water supply for such system
may by local law provide whether a fluoride compound shall be added to
such public water supply.

2. Any county, wherein a public authority owns both its public water
system and the water supply for such system, may by local law provide
whether a fluoride compound shall be added to such public water supply.

3. No county, city, town or village, including a county wherein a
public authority owns both its public water system and the water supply
for such system, that fluoridates a public water supply or causes a
public water supply to be fluoridated, shall discontinue the addition of
a fluoride compound to such public water supply unless it has first
complied with the following requirements:

(a) issue a notice to the public of the preliminary determination to
discontinue fluoridation for comment, which shall include the
justification for the proposed discontinuance, alternatives to
fluoridation available, and a summary of consultations with health
professionals and the department concerning the proposed discontinuance.
Such notice may, but is not required to, include publication in local
newspapers. "Consultations with health professionals" may include formal
studies by hired professionals, informal consultations with local public
health officials or other health professionals, or other consultations,
provided that the nature of such consultations and the identity of such
professionals shall be identified in the public notice. "Alternatives to
fluoridation" may include formal alternatives provided by or at the
expense of the county, city, town or village, or other alternatives
available to the public. Any public comments received in response to
such notice shall be addressed by the county, city, town or village in
the ordinary course of business; and

(b) provide the department at least ninety days prior written notice
of the intent to discontinue and submit a plan for discontinuance that
includes but is not limited to the notice that will be provided to the
public, consistent with paragraph (a) of this subdivision, of the
determination to discontinue fluoridation of the water supply, including
the date of such discontinuance and alternatives to fluoridation, if
any, that will be made available in the community, and that includes
information as may be required under the Sanitary Code.

4. The commissioner is hereby authorized, within amounts appropriated
therefor, to make grants to counties, cities, towns or villages that own
their public water system and the water supply for such system,
including a county wherein a public authority owns both its public water
system and the water supply for such system, for the purpose of
providing assistance towards the costs of installation, including but
not limited to technical and administrative costs associated with
planning, design and construction, and start-up of fluoridation systems,
and replacing, repairing or upgrading of fluoridation equipment for such
public water systems. Grant funding shall not be available for
assistance towards the costs and expenses of operation of the
fluoridation system, as determined by the department. The grant
applications shall include such information as required by the
commissioner. In making the grant awards, the commissioner shall
consider the demonstrated need for installation of new fluoridation
equipment or replacing, repairing or upgrading of existing fluoridation
equipment, and such other criteria as determined by the commissioner.
Grant awards shall be made on a competitive basis and be subject to such
conditions as may be determined by the commissioner.