S T A T E O F N E W Y O R K
________________________________________________________________________
8434
2009-2010 Regular Sessions
I N A S S E M B L Y
May 20, 2009
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Introduced by M. of A. SCOZZAFAVA, BURLING, ERRIGO, FINCH, McDONOUGH,
SAYWARD, FIELDS -- Multi-Sponsored by -- M. of A. CALHOUN, CROUCH,
DUPREY, GALEF, JOHN, McKEVITT, O'DONNELL, THIELE, WEISENBERG -- read
once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
directing the commissioner of environmental conservation to approve or
deny adequacy of source evaluations; and to amend the public health
law, in relation to regulating the business of selling bottled drink-
ing water
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3-0301 of the environmental conservation law is
amended by adding a new subdivision 6 to read as follows:
6. THE COMMISSIONER SHALL APPROVE OR DENY EACH ADEQUACY OF SOURCE
EVALUATION SUBMITTED BY AN APPLICANT FOR CERTIFICATION OR RECERTIF-
ICATION PURSUANT TO SECTION ELEVEN HUNDRED SEVENTY-TWO OF THE PUBLIC
HEALTH LAW.
S 2. Article 11 of the public health law is amended by adding a new
title 5 to read as follows:
TITLE V
REGULATION OF THE BUSINESS OF SELLING BOTTLED IN-STATE WATER
SECTION 1170. DEFINITION.
1171. CERTIFICATION OF IN-STATE BOTTLED WATER FACILITIES; RECER-
TIFICATION; TIMING OF SOURCE EVALUATIONS.
1172. ADEQUACY OF SOURCE EVALUATIONS.
1173. APPLICABILITY TO OUT-OF-STATE WATER BOTTLERS.
S 1170. DEFINITION. FOR PURPOSES OF THIS TITLE, THE TERM "IN-STATE
WATER SOURCE" SHALL MEAN ANY SOURCE OF WATER INCLUDING LAKES, BAYS,
SOUNDS, PONDS, IMPOUNDING RESERVOIRS, SPRINGS, WELLS, RIVERS, STREAMS,
CREEKS, ESTUARIES, MARSHES, INLETS, CANALS, THE ATLANTIC OCEAN WITHIN
THE TERRITORIAL LIMITS OF THE STATE OF NEW YORK, AND ALL OTHER BODIES OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11305-01-9
A. 8434 2
SURFACE OR UNDERGROUND WATER, NATURAL OR ARTIFICIAL, INLAND OR COASTAL,
FRESH OR SALT, PUBLIC OR PRIVATE, WHICH ARE WHOLLY OR PARTIALLY WITHIN
OR BORDERING THE STATE OR WITHIN ITS JURISDICTION.
S 1171. CERTIFICATION OF IN-STATE BOTTLED WATER FACILITIES; RECERTIF-
ICATION; TIMING OF SOURCE EVALUATIONS. 1. NOTWITHSTANDING ANY LAW, RULE
OR REGULATION TO THE CONTRARY, THE COMMISSIONER SHALL NOT ISSUE A
CERTIFICATION TO ESTABLISH A BOTTLED WATER FACILITY, WHOSE WATER SOURCE
IS AN IN-STATE WATER SOURCE, UNLESS THE APPLICANT: (A) CONFORMS WITH
EXISTING LAWS, RULES AND REGULATIONS, AND STANDARDS FOR BOTTLED AND BULK
WATER UNDER THE STATE SANITARY CODE; AND (B) SUBMITS AN ADEQUACY OF
SOURCE EVALUATION, AS PROVIDED IN SECTION ELEVEN HUNDRED SEVENTY-TWO OF
THIS TITLE.
2. EACH APPLICANT FOR RECERTIFICATION SHALL SUBMIT AN ADEQUACY OF
SOURCE EVALUATION AS PROVIDED IN SECTION ELEVEN HUNDRED SEVENTY-TWO OF
THIS TITLE, EACH TIME AN APPLICATION FOR RECERTIFICATION IS SUBMITTED,
OR WITH A FREQUENCY AS DETERMINED BY THE COMMISSIONER.
S 1172. ADEQUACY OF SOURCE EVALUATIONS. 1. EACH APPLICANT FOR CERTIF-
ICATION SHALL SUBMIT AN ADEQUACY OF SOURCE EVALUATION, APPROVED BY THE
COMMISSIONER OF ENVIRONMENTAL CONSERVATION, OR HIS OR HER DESIGNEE, THAT
SHALL ASSESS THE POTENTIAL IMPACT ON THE EXISTING WATER SOURCE AND
PROVIDE REASONABLE ASSURANCES THAT THE PROPOSED EXTRACTIONS:
(A) WILL NOT CAUSE QUANTITY OR QUALITY CHANGES WHICH ADVERSELY IMPACT
THE WATER SOURCE, INCLUDING BOTH SURFACE AND GROUND WATERS INCLUDING
AQUIFERS, AS WELL AS NEARBY RESOURCES, SUCH AS STREAMS AND WETLANDS;
(B) WILL NOT VIOLATE THE PROPERTY RIGHTS OF EXISTING RIPARIAN OWNERS
OR NEIGHBORING PROPERTY OWNERS THAT RELY UPON THE AQUIFER THAT IS THE
PROPOSED WATER SOURCE;
(C) WILL NOT INDUCE SALINE WATER INTRUSION INTO THE AQUIFER;
(D) WILL NOT CAUSE POLLUTION OF THE AQUIFER;
(E) WILL NOT ADVERSELY IMPACT OFF-SITE LAND USES EXISTING AT THE TIME
OF THE APPLICATION;
(F) WILL NOT ADVERSELY IMPACT AN EXISTING LEGAL EXTRACTION;
(G) WILL INCORPORATE WATER CONSERVATION MEASURES;
(H) WILL INCORPORATE REUSE MEASURES TO THE GREATEST EXTENT PRACTICA-
BLE; AND
(I) WILL NOT OTHERWISE BE HARMFUL TO THE WATER RESOURCES WITHIN THE
WATERSHED.
2. THE COMMISSIONER SHALL APPROVE OR DENY IN WRITING SUCH APPLICATION
FOR CERTIFICATION OR RECERTIFICATION WITHIN THIRTY DAYS OF SUBMISSION. A
DENIAL OF CERTIFICATION OR RECERTIFICATION BASED ON ADEQUACY OF SOURCE
EVALUATIONS IS SUBJECT TO THE ADMINISTRATIVE PROCEEDINGS AND REMEDIES AS
PROMULGATED BY THE COMMISSIONER.
S 1173. APPLICABILITY TO OUT-OF-STATE WATER BOTTLERS. THIS TITLE SHALL
NOT APPLY TO OUT-OF-STATE WATER BOTTLE FACILITIES TO THE EXTENT THAT
SUCH FACILITY DOING BUSINESS IN THIS STATE IS NOT USING AN IN-STATE
WATER SOURCE.
S 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.