S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   559

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Health

AN  ACT  to  amend the public health law, in relation to preparing water
  supply emergency plans

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 1125 of the public health law, as amended by chap-
ter 405 of the laws of 2002, paragraph (b) of subdivision 1 and subdivi-
sion 5 as amended and subdivision 8 as added by chapter 317 of the  laws
of 2007, is amended to read as follows:
  S  1125. Water supply emergency plans. 1. Definitions. As used in this
title:
  (a) "Water supply emergency plan"  shall  mean  a  plan  REVIEWED  AND
approved  by  the  commissioner  and filed with the department. The plan
shall follow a form which shall be specified by the department and which
shall include, but not be limited to, those  items  enumerated  in  this
section, and shall address those actions to be taken by a water supplier
OR  COMMUNITY  WATER SUPPLIER PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVI-
SION to anticipate emergencies  and  respond  responsibly  to  emergency
situations.  THE DEPARTMENT SHALL RETAIN A RECORD OF ALL WATER SUPPLIERS
REQUIRED  TO  FILE  SUCH A PLAN UNDER SUBPARAGRAPHS ONE AND TWO OF PARA-
GRAPH (B) OF THIS SUBDIVISION.
  (b) "Water supplier" shall mean (1) any person who owns or operates  a
community water system that supplies drinking water to [more than] three
thousand  three  hundred  people  OR MORE; OR (2) ANY PERSON WHO OWNS OR
OPERATES A COMMUNITY WATER SYSTEM THAT SUPPLIES FEWER THAN  THREE  THOU-
SAND  THREE  HUNDRED  PEOPLE,  WHO  HAS BEEN REQUIRED BY THE APPROPRIATE
COUNTY HEALTH DEPARTMENT OR THE STATE HEALTH DEPARTMENT  TO  COMPLETE  A
WATER SUPPLY EMERGENCY PLAN. SUCH REQUIREMENT SHALL BE BASED ON A REVIEW
OF  THE  ANNUAL  DRINKING  WATER  SUPPLY  STATEMENT PREPARED PURSUANT TO

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

                                                           LBD01201-01-9

A. 559                              2

SECTION ELEVEN HUNDRED FIFTY-ONE OF THIS ARTICLE, ANY  PLAN  FOR  MUTUAL
AID  FOR WATER SERVICE PREPARED PURSUANT TO SECTION ONE HUNDRED TWENTY-U
OF THE GENERAL MUNICIPAL LAW, WHICH SHALL BE MADE AVAILABLE  FOR  REVIEW
AT THE REQUEST OF THE COUNTY OR STATE HEALTH DEPARTMENT, AND OTHER ADDI-
TIONAL  MATERIALS  THAT THE STATE OR COUNTY HEALTH DEPARTMENT SHALL NEED
TO MAKE SUCH A DETERMINATION. AFTER SUCH REVIEW,  THE  STATE  OR  COUNTY
HEALTH  DEPARTMENT  MAY,  AT  THE DISCRETION OF EITHER ENTITY, REQUIRE A
WATER SUPPLY EMERGENCY PLAN BE FILED BY SUCH PERSON. IN THE EVENT THAT A
COUNTY HEALTH DEPARTMENT REQUIRES A PLAN UNDER THIS  SUBPARAGRAPH,  SUCH
COUNTY  DEPARTMENT  SHALL  NOTIFY THE STATE HEALTH DEPARTMENT IN WRITING
WITH THE REASONS FOR SUCH DETERMINATION.
  2. All water suppliers shall prepare a water  supply  emergency  plan;
provided,  however,  if  more than one water supplier is responsible for
the same system, such plan shall be submitted jointly  by  such  two  or
more  water  suppliers.  The  plan  shall identify and outline the steps
necessary to ensure that potable  water  is  available  during  a  water
supply emergency. The water supply emergency plan shall include, but not
be limited to, the following:
  (a)  establishment  of  criteria  and procedures to determine critical
water levels or safe yield of system,
  (b) identification of existing  and  future  sources  of  water  under
normal conditions and emergency conditions,
  (c)  system  capacity  and  ability to meet peak demand and fire flows
concurrently,
  (d) storage capacities,
  (e) current condition of present interconnections  and  identification
of additional interconnections to meet a water supply emergency,
  (f) specific action plan to be followed during a water supply emergen-
cy including a phased implementation of the plan,
  (g) general water conservation programs and water use reduction strat-
egies for water supply emergencies,
  (h) prioritization of water users,
  (i)  identification  and  availability  of  emergency equipment needed
during a water supply emergency,
  (j) public notification program coordinated with the phased  implemen-
tation schedule, and
  (k)  a  vulnerability  analysis  assessment,  including an analysis of
vulnerability to terrorist attack, which shall be made  after  consulta-
tion with local and state law enforcement agencies.
  3.  All  water  suppliers  shall, prior to the final submission of the
water supply emergency plan, publish a notice in a newspaper of  general
circulation  in  the  area  served by the community water system stating
that the proposed water emergency  plan  is  available  for  review  and
comment;  provided,  however,  a water supplier shall exempt from public
disclosure for public review and comment any information  it  determines
to  pose  a  security risk to operation of the water supply system. Such
notice shall be printed at least once in each of  two  successive  weeks
and the water supplier shall accept public comment for at least fourteen
days  following  the  date  of the first publication. The water supplier
shall submit all public comments with the water emergency  plan  to  the
department.
  4. Water supply emergency plans shall be submitted to the commissioner
on  or  before December thirty-first, nineteen hundred ninety. All water
suppliers who have previously submitted  emergency  water  supply  plans
which  were  approved by the commissioner prior to the effective date of

A. 559                              3

this title are exempt from  the  provisions  of  this  subdivision.  The
commissioner shall retain a copy of each water supply emergency plan.
  5.  Every  water  supplier  shall review, and if necessary, revise its
water supply emergency plan and report its findings to the  commissioner
by  December  thirty-first,  nineteen  hundred  ninety-five.  Any  water
supplier whose water supply emergency plan does not include an  analysis
of  vulnerability  to  terrorist attack, shall revise its emergency plan
and report its findings to the commissioner by January first, two  thou-
sand  three.  Every water supplier shall keep its water supply emergency
plan up to date, shall provide updated  communication  and  notification
information  to the commissioner by December thirty-first of every year,
and shall submit its water supply emergency plan to the commissioner for
review at least once every five years and within thirty days after major
water facility infrastructure changes have been made.
  6. (A) THE COMMISSIONER SHALL, AND A  COUNTY  HEALTH  DEPARTMENT  MAY,
PROVIDE GUIDANCE AND ASSISTANCE TO COMMUNITY WATER SYSTEMS ON CONDUCTING
VULNERABILITY  ASSESSMENTS,  PREPARING  WATER SUPPLY EMERGENCY PLANS AND
ADDRESSING THREATS FROM TERRORIST ATTACKS OR OTHER  INTENTIONAL  ACTIONS
DESIGNED TO DISRUPT THE PROVISION OF SAFE DRINKING WATER OR SIGNIFICANT-
LY AFFECT THE PUBLIC HEALTH OR SIGNIFICANTLY AFFECT THE SAFETY OR SUPPLY
OF DRINKING WATER PROVIDED TO COMMUNITIES OR INDIVIDUALS.
  (B)  A  COMMUNITY WATER SYSTEM THAT IS NOT A WATER SUPPLIER AS DEFINED
UNDER PARAGRAPH (B) OF SUBDIVISION ONE OF  THIS  SECTION  MAY  ELECT  TO
COMPLETE  A WATER SUPPLY EMERGENCY PLAN. SUCH COMMUNITY WATER SYSTEM MAY
ELECT TO SUBMIT THE PLAN TO THE COMMISSIONER FOR  APPROVAL.  IN  SUCH  A
CASE,  THE  COMMISSIONER SHALL SUBJECT THE PLAN TO SUCH APPROVAL PROCESS
AS DESCRIBED UNDER PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION.
  7. The commissioner, in his OR HER discretion, may provide an opportu-
nity for public hearing for persons served by a community water system.
  [7] 8.  The commissioner shall make such rules and  regulations  which
may be necessary to effectuate the purposes of this title.
  [8] 9.  The commissioner shall keep confidential: (a) all vulnerabili-
ty  analysis  assessments and all information derived therefrom; and (b)
all information determined by a water supplier to pose a  security  risk
to the operation of a water supply system. Such assessments and informa-
tion  shall  be  exempt  from disclosure under article six of the public
officers law. A person who, without authorization,  discloses  any  such
assessment  or information to another person who has not been authorized
to receive such assessment or information is guilty of a class A  misde-
meanor.
  S  2. Section 1103 of the public health law, as amended by chapter 528
of the laws of 2008, is amended to read as follows:
  S 1103. Violation; penalties. 1.  If  a  person  or  entity  willfully
violates  any  rule or regulation OF THE DEPARTMENT promulgated pursuant
to section one thousand one hundred of this title relating to  a  tempo-
rary  or  permanent  source  or  act  of  contamination, OR RESULTING IN
CONTAMINATION OF  ANY  PUBLIC  SUPPLIES  OF  POTABLE  WATERS  AND  WATER
SUPPLIES  OF  THE  STATE OR UNITED STATES, INSTITUTIONS, PARKS, RESERVA-
TIONS OR POSTS AND THEIR SOURCES WITHIN THE STATE, such person or entity
violating such rule or regulation shall be liable to prosecution  for  a
misdemeanor for every such violation, and on conviction thereof shall be
punished by a fine not exceeding one thousand dollars PER DAY, or impri-
sonment  not  exceeding one year, or both. EACH DAY ON WHICH A VIOLATION
OCCURS SHALL CONSTITUTE A SEPARATE INCIDENT.
  2. [If a person or entity violates any rule or regulation  promulgated
pursuant to section one thousand one hundred of this title relating to a

A. 559                              4

temporary  or  permanent  source or act of contamination, the department
may impose a civil penalty for the violation thereof or  the  noncompli-
ance  therewith,  not  exceeding  two  hundred  dollars  for  every such
violation or noncompliance] IF A PERSON VIOLATES SUBDIVISION ONE OF THIS
SECTION AND AS A RESULT THEREOF, SUCH CONTAMINATION ENDANGERS THE PUBLIC
HEALTH, SAFETY OR THE ENVIRONMENT, SUCH PERSON SHALL BE LIABLE TO PROSE-
CUTION  FOR  A  MISDEMEANOR  FOR EVERY SUCH VIOLATION, AND ON CONVICTION
THEREOF SHALL BE PUNISHED BY A FINE NOT EXCEEDING ONE  THOUSAND  DOLLARS
PER  DAY,  OR  IMPRISONMENT NOT EXCEEDING ONE YEAR, OR BOTH. EACH DAY ON
WHICH SUCH VIOLATION OCCURS SHALL CONSTITUTE A SEPARATE INCIDENT.
  3. For purposes of calculating the applicable civil penalty under this
section, each day on which such violation occurred may be  considered  a
separate  incident. In addition, a court may order such person or entity
to make reparations for any permanent and/or substantial  damage  caused
as a direct result of such violation. For purposes of subdivision one of
this  section,  restitution  and reparation may be ordered in accordance
with applicable provisions of the criminal procedure law.
  4. IN ADDITION TO ANY PENALTY  IMPOSED  UPON  A  PERSON  FOUND  GUILTY
PURSUANT  TO SUBDIVISION TWO OF THIS SECTION, SUCH PERSON MAY BE ORDERED
BY THE COMMISSIONER OR THE COURT TO MAKE REPARATIONS FOR  ANY  PERMANENT
AND/OR  SUBSTANTIAL  DAMAGE  CAUSED  AS A RESULT OF SUCH VIOLATION. SUCH
REPARATIONS SHALL BE OF SUCH KIND, NATURE AND EXTENT AS WILL  REASONABLY
RESTORE  THE AREA AFFECTED BY THE VIOLATION TO ITS CONDITION IMMEDIATELY
BEFORE THE VIOLATION AND MAY BE MADE BY PHYSICAL RESTORATION OR  BY  THE
ASSESSMENT OF A MONETARY PAYMENT TO MAKE SUCH RESTORATION, OR BOTH.
  5.  NOTHING  IN THIS SECTION SHALL PRECLUDE PROSECUTION OR ENFORCEMENT
ACTION UNDER ANY OTHER LAW, RULE OR REGULATION, INCLUDING BUT NOT LIMIT-
ED TO ARTICLE SEVENTY-ONE  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW  OR
SECTION 145.20 OF THE PENAL LAW.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law. Effective immediately,
the  addition,  amendment, or repeal of any rule or regulation necessary
for the implementation of the provisions of this act is authorized to be
made and completed on or before such effective date.