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 - Dead) 2020-01-08 - 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. LBD11822-01-9S. 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.