§ 1112. Emerging contaminant monitoring. 1. Industry and modern
technology have created thousands of new chemicals that would not
otherwise exist in nature. Although some of these chemicals have proven
benefits, the effect of many such chemicals on human health is unknown
or not fully understood. Furthermore, with the advance of science and
technology, public health scientists and experts are able to identify
naturally occurring contaminants that pose previously unknown hazards to
human health. Where these chemicals or contaminants, collectively
referred to as "emerging contaminants," enter drinking water supplies,
they can present unknown but potentially serious risks to public health.
New Yorkers served by public water supplies have the right to know when
potentially hazardous substances contaminate their drinking water and
the department must be equipped to monitor and protect the public from
these emerging contaminants.

2. a. "Emerging contaminants" shall mean any physical, chemical,
microbiological or radiological substance listed as an emerging
contaminant pursuant to subdivision three of this section.

b. "Notification level" means the concentration level of an emerging
contaminant in drinking water that the commissioner has determined,
based on available scientific information, warrants public notification
and may require actions, which may include enhanced monitoring and
activities to reduce exposure, pursuant to this section.

c. "Covered public water system" shall mean: (i) a public water system
that serves at least five service connections used by year-round
residents or regularly serves at least twenty-five year-round residents;
or (ii) a public water system that regularly serves at least twenty-five
of the same people, four hours or more per day, for four or more days
per week, for twenty-six or more weeks per year.

3. a. The commissioner shall promulgate regulations to identify and
list substances as emerging contaminants that meet the following
criteria:

(i) are not subject to any other substance-specific drinking water
regulation of the department that establishes a maximum contaminant
level, maximum residual disinfectant level, or action level;

(ii) are known or anticipated to occur in public water systems; and

(iii) because of their quantity, concentration, or physical, chemical
or infectious characteristics, may cause physical injury or illness, or
otherwise pose a potential hazard to human health when present in
drinking water.

b. In determining what substances shall be listed as emerging
contaminants the commissioner shall, at a minimum, consider:

(i) unregulated contaminants monitored pursuant to the federal Safe
Drinking Water Act (42 U.S.C. § 300g-1) as amended from time to time;

(ii) substances that require regulation or monitoring when present in
drinking water in other jurisdictions outside the state of New York;

(iii) pesticide chemicals for which the United States environmental
protection agency has set human health benchmarks for drinking water;

(iv) substances found at sites in remedial programs located inside and
outside the state of New York, including but not limited to inactive
hazardous waste sites; and

(v) recommendations from the drinking water quality council
established pursuant to section eleven hundred thirteen of this title.

c. The commissioner shall, at a minimum, include the following
chemicals identified as emerging contaminants in the first list of
emerging contaminants: perfluorononanoic acid (PFNA);
perfluorohexanesulfonic acid (PFHxS); perfluoroheptanoic acid (PFHpA);
perfluorobutanesulfonic acid (PFBS); hexafluoropropylene oxide dimer
acid (HFPO-DA); Perfluorodecanoic acid (PFDA); Perfluorododecanoic acid
(PFDoA); Perfluorohexanoic acid (PFHxA); Perfluoroundecanoic acid
(PFUnA); 11-chloroeicosafluoro-3-oxaundecane-1-sulfonic acid
(11Cl-PF3OUdS); 9-chlorohexadecafluoro-3-oxanonane-1-sulfonic acid
(9Cl-PF3ONS); 4,8-dioxa-3H-perfluorononanoic acid (ADONA);
Nonafluoro-3,6-dioxaheptanoic acid (NFDHA); Perfluorobutanoic acid
(PFBA); 1H, 1H, 2H, 2HPerfluorodecane sulfonic acid (8:2FTS);
Perfluoro(2-ethoxyethane)sulfonic acid (PFEESA);
Perfluoroheptanesulfonic acid (PFHpS); 1H,1H, 2H, 2H-Perfluorohexane
sulfonic acid (4:2FTS); Perfluoro-3-methoxypropanoic acid (PFMPA);
Perfluoro-4-methoxybutanoic acid (PFMBA); 1H,1H, 2H, 2H-Perfluorooctane
sulfonic acid (6:2FTS); Perfluoropentanoic acid (PFPeA);
Perfluoropentanesulfonic acid (PFPeS).

d. The commissioner shall make regulations to list the following
additional substances as emerging contaminants; provided however the
commissioner may, upon review and recommendation by the drinking water
quality council pursuant to section eleven hundred thirteen of this
title determine not to include such chemicals as emerging contaminants
by January first, two thousand twenty-four: 1,2,3-trichloropropane;
chloromethane (methylchloride); 1,1-dichloroethane; bromomethane (methyl
bromide); chlorodifluoromethene (HCFC-22); vanadium; molybdenum; cobalt;
strontium; chromium-6; N-ethyl perfluorooctanesulfonamidoacetic acid
(NEtFOSAA); N-methyl perfluorooctanesulfonamidoacetic acid (NMeFOSAA);
Perfluorotetradecanoic acid (PFTA); Perfluorotridecanoic acid (PFTrDA).
Provided, however, the commissioner may, upon review and recommendation
by the drinking water quality council, determine not to include such
chemicals as emerging contaminants: testosterone; and 4-androstene-3,
17-dione.

e. The commissioner shall by regulation remove any substance from the
list of emerging contaminants upon adopting a maximum contaminant level
for such substance.

4. Every covered public water system shall test drinking water for the
presence of emerging contaminants at least once every three years
pursuant to a schedule determined by the department through regulation.

5. Every test conducted in accordance with this section shall be
conducted by a laboratory certified by the department pursuant to
section five hundred two of this chapter. Laboratories shall submit such
results electronically to the department, to any other health department
with jurisdiction over the covered public water system, and to the
covered public water system, in the manner prescribed pursuant to
section five hundred two of this chapter.

6. The commissioner shall promulgate regulations establishing
notification levels for any emerging contaminant listed pursuant to
subdivision three of this section. Any notification level established
pursuant to this subdivision shall be equal to or lower than any federal
lifetime health advisory level established pursuant to the federal Safe
Drinking Water Act (42 U.S.C. § 300g-1). If no federal lifetime health
advisory level has been established, the commissioner shall establish
notification levels based upon the available scientific information, and
may take into consideration recommendations of the drinking water
quality council established pursuant to section eleven hundred thirteen
of this title. Such notification levels shall be made easily accessible
to the public through a link that is posted on the department's website
and updated regularly.

7. Notwithstanding subdivision three of this section, the commissioner
may, by declaration, add any physical, chemical, microbiological or
radiological substance to the list of emerging contaminants established
pursuant to subdivision three of this section, establish a notification
level, and require testing for such substance, if the commissioner
determines that: (i) such substance poses or has the potential to pose a
significant hazard to human health when present in drinking water; (ii)
such substance was recently detected in a public water system and has
the potential to be present in other public water systems; and (iii) it
appears to be prejudicial to the interests of the people to delay action
by preparing and filing regulations. The commissioner shall, however,
promulgate regulations adding such new emerging contaminant or
establishing such notification level within one year of such
declaration. Such declaration shall clearly state where and the date by
which such testing must occur. After the commissioner promulgates
regulations adding such emerging contaminant, such regulations shall
supersede the declaration issued pursuant to this subdivision. Until
such notification levels are posted on the department's website pursuant
to subdivision six of this section, the commissioner shall post the
notification levels established by declaration on such website so that
they are easily accessible through a link to the public.

8. Whenever one or more emerging contaminants is confirmed to be
present in drinking water at concentrations at or above a notification
level established pursuant to this section:

a. the covered public water system shall notify the department within
twenty-four hours;

b. the covered public water system shall notify all owners of real
property served by the covered public water system in a time and manner
to be prescribed by the department, provided that in no event shall
notification occur more than ninety days after the presence of an
emerging contaminant at concentrations at or above a notification level
established pursuant to this section is confirmed;

c. the commissioner may directly notify such owners of real property
if it is determined that the public's interest would be best served by
such notification, or if the commissioner determines that the covered
public water system is not acting, or cannot act in a timely manner;

d. the commissioner may require that the covered public water system
take such actions as may be appropriate to reduce exposure to emerging
contaminants. If the commissioner determines that the concentration of
the emerging contaminant constitutes an actual or potential threat to
public health, based on the best available scientific information, the
commissioner shall consult with the commissioner of the department of
environmental conservation regarding any further action that may be
appropriate, including but not limited to actions pursuant to title
twelve of article twenty-seven of the environmental conservation law.

9. The commissioner shall work in consultation with the commissioner
of the department of environmental conservation to develop educational
materials, and may take into consideration recommendations of the
drinking water quality council established pursuant to section eleven
hundred thirteen of this title. Such educational materials shall be made
available through a link on the department's website that is easily
accessible to the covered public water system and the general public,
relating to methodologies for reducing exposure to emerging contaminants
and potential actions that may be taken to mitigate or remediate
emerging contaminants. Such link shall also include information relating
to notification levels established by declaration pursuant to
subdivision seven of this section and by regulation pursuant to
subdivision six of this section. The commissioner shall coordinate with
the United States Environmental Protection Agency to ensure that the
information available on the EPA's Drinking Water Watch website is
available to public water systems and that information available on the
EPA's Safe Drinking Water Information System is available to the public
through an easily accessible link on the department's website. The
website and such links shall allow, to the extent practicable, the
public to easily access information including but not limited to, basic
water system information, including system identification number, name
and type, department contacts, public notices, violations and
enforcement actions taken by the state and federal government. The
website and such links shall be monitored and updated regularly by the
department. The commissioner shall also provide the covered public water
system with information relating to potential funding sources provided
by the state and federal government for mitigation or remedial
activities, and to reduce the exposure to emerging contaminants.

10. Any owner of real property, including any owner's agent, to whom a
covered public water system has provided notification of the exceedance
of a notification level established pursuant to subdivision six of this
section, shall take all reasonable and necessary steps to provide,
within ten days, any tenants with copies of the notification provided by
the covered public water system.

11. The commissioner may promulgate regulations pursuant to which the
department may provide financial assistance for compliance with the
testing requirements of this section, to any covered public water system
upon a showing that the costs associated with testing drinking water in
compliance with this section would impose a financial hardship. Such
regulations shall, when prioritizing public water systems for
eligibility for financial assistance, incorporate provisions that give
preference to public water systems serving less than ten thousand
individuals.

12. The commissioner shall periodically review substances that have
been identified as emerging contaminants pursuant to this section and
determine if the department should establish a maximum contaminant level
for the substance. Such review shall occur, at a minimum, once every
three years.

13. The commissioner shall make draft regulations containing the first
list of emerging contaminants within one hundred eighty days of the
effective date of this subdivision and shall make regulations
implementing this subdivision within ninety days thereafter.

14. The commissioner shall make regulations updating the list of
emerging contaminants and their associated notification levels to
reflect the latest available scientific information at least once every
three years. The commissioner shall add new emerging contaminants under
subdivision three of this section at least once every three years.