Bill Text: NY S05874 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes the drinking water quality institute to make recommendations to the department of health relating to ensuring the safety of potable water.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-05-16 - REFERRED TO HEALTH [S05874 Detail]

Download: New_York-2019-S05874-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5874

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced  by Sen. GALLIVAN -- 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  establishing  the
          drinking water quality institute and providing for its duties

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Article 2 of the public health law is amended by  adding  a
     2  new title VIII to read as follows:
     3                                 TITLE VIII
     4                           DRINKING WATER QUALITY
     5                                  INSTITUTE
     6  Section 269. Drinking water quality institute; established.
     7    §  269.  Drinking water quality institute; established. 1. There shall
     8  be established, within the department, the drinking water quality insti-
     9  tute. Such institute shall be composed of seventeen members as follows:
    10    (a) the commissioner;
    11    (b) the commissioner of environmental conservation;
    12    (c) the director of the office of remediation and materials  with  the
    13  department of environmental conservation;
    14    (d)  the  director of the office of water resources within the depart-
    15  ment of environmental conservation;
    16    (e) the director of the center for  environmental  health  within  the
    17  department;
    18    (f)  the  director  of  the  bureau  of occupational health and injury
    19  prevention within the department;
    20    (g) the director of the bureau of water supply protection  within  the
    21  department;
    22    (h)  the director of the watershed protection and partnership councils
    23  within the department of state;
    24    (i) three members appointed by the governor;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11822-01-9

        S. 5874                             2

     1    (j) three members appointed by the temporary president of the  senate;
     2  and
     3    (k) three members appointed by the speaker of the assembly.
     4    2.  (a)  Of the members appointed to the drinking water quality insti-
     5  tute, the governor, temporary president of the senate and the speaker of
     6  the assembly shall each appoint:
     7    (i) one member who represents water purveyors, of which one appointing
     8  authority shall appoint a representative of water purveyors whose prima-
     9  ry water source is an underground source or sources;
    10    (ii) one member who represents the academic scientific community; and
    11    (iii) one member representing the public,  who  has  a  background  in
    12  environmental health issues.
    13    (b)  The  members  of  such institute appointed pursuant to paragraphs
    14  (i), (j) and (k) of subdivision one of this section shall serve terms of
    15  three years; provided, however, that of the initial appointments:
    16    (i) the water purveyor representative appointed by the  governor,  the
    17  academic  scientific representative appointed by the temporary president
    18  of the senate and the public representative appointed by the speaker  of
    19  the assembly shall serve initial terms of one year;
    20    (ii)  the  public  representative appointed by the governor, the water
    21  purveyor representative appointed by  the  temporary  president  of  the
    22  senate  and  the  academic  scientific  representative  appointed by the
    23  speaker of the assembly shall serve initial terms of two years;
    24    (iii) the remaining appointed members shall  serve  initial  terms  of
    25  three years.
    26    (c)  The  members appointed pursuant to paragraphs (i), (j) and (k) of
    27  subdivision one of this section shall each serve  his  or  her  term  of
    28  office  or  until  his  or her successor is appointed; provided that any
    29  vacancy in the position of an appointed member shall be  filled  in  the
    30  same  manner as the original appointment and only for the unexpired term
    31  of the vacancy.  Provided, further, that any  appointed  member  of  the
    32  drinking  water quality institute may be removed for cause by his or her
    33  appointing authority after a public hearing.
    34    3. The members of the drinking water quality institute  shall  receive
    35  no  compensation  for  their services, but shall be allowed their actual
    36  and necessary expenses incurred  in  the  performance  of  their  duties
    37  pursuant to this title.
    38    4.  The  drinking water quality institute shall meet at such times and
    39  places as may be determined by its chair, who shall be elected from  the
    40  membership of such institute by a majority of the members. The institute
    41  shall meet at a minimum of biannually. A majority of the members of such
    42  institute  shall  constitute  a  quorum for the transaction of business.
    43  Action may be taken, and motions and resolutions adopted at any  meeting
    44  by  the  affirmative  vote  of  a majority of the full membership of the
    45  institute.
    46    5. The institute shall make recommendations to the department relating
    47  to:
    48    (a) developing a list of  contaminants  for  which  testing  shall  be
    49  required  by all public water systems, which shall include both supplies
    50  serving populations of ten thousand and  less  and  populations  of  ten
    51  thousand or more;
    52    (b)  developing  maximum  contaminant  levels  for unregulated contam-
    53  inants;
    54    (c) conducting scientific studies or  scientific  based  research,  as
    55  well as conducting public outreach;

        S. 5874                             3

     1    (d)  establishing  a clear notification process for municipalities and
     2  state agencies dealing with water quality issues, when there are  actual
     3  or  potential unregulated contaminate threats including, but not limited
     4  to, clear and concise  documents  to  be  utilized  when  notifying  the
     5  public;
     6    (e)  developing  appropriate  testing  techniques  to  measure maximum
     7  contaminant levels;
     8    (f) developing the frequency with which testing should occur;
     9    (g) ensuring state officials are aware of the most up-to-date research
    10  and science regarding water quality and contaminants;
    11    (h) working with other state agencies and the  federal  government  to
    12  ensure funds are available and accessible, parties known to be responsi-
    13  ble  for the pollution are pursued, and remediation and cleanup projects
    14  occur in a timely manner; and
    15    (i) anything else the department or the  department  of  environmental
    16  conservation designates.
    17    6.  The  drinking water quality institute shall be entitled to request
    18  and receive assistance, facilities and resources of any state, municipal
    19  department, board, commission or agency that  may  be  required  or  are
    20  deemed necessary for the purposes of such institute.
    21    7.  The  drinking water quality institute shall report to the legisla-
    22  ture within one year of the initial  convening  of  such  institute  and
    23  annually thereafter on its activities and recommendations.
    24    § 2. This act shall take effect immediately.
feedback