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
                               ___________

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.