Senate Bill S5915C

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

                                  5915

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            October 26, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the environmental conservation law and the public health
  law, in relation to monitoring and notifying residents of the state of
  water contamination

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

  Section 1. The environmental conservation law is amended by  adding  a
new section 15-0319 to read as follows:
S 15-0319. STUDY OF WATER CONTAMINATION.
  1.  THE  DEPARTMENT SHALL MONITOR BODIES OF WATER THROUGHOUT THE STATE
FOR ONE YEAR AND SHALL STUDY AND RECORD  CONTAMINATION  LEVELS  OF  SUCH
BODIES  OF  WATER.  THE DATA SHALL BE USED TO CREATE A PREDICTIVE MODEL,
DETAILING LEVELS OF POLLUTION IN DIFFERENT PARTS OF THE STATE AT VARIOUS
POINTS THROUGHOUT THE YEAR.
  2. FOLLOWING THE FIRST YEAR OF STUDY, THE DEPARTMENT SHALL CONTINUE TO
COLLECT AND ANALYZE DATA. SUCH COLLECTION AND ANALYSIS MAY BE  PERFORMED
IN  CONJUNCTION  WITH  COUNTY DEPARTMENTS OF HEALTH OR ANY OTHER MUNICI-
PALITY OR AGENCY TASKED WITH MONITORING WATER CONTAMINATION.
  3. THE DATA RETRIEVED FROM THE STUDIES REQUIRED PURSUANT  TO  SUBDIVI-
SIONS ONE AND TWO OF THIS SECTION SHALL BE SHARED WITH THE DEPARTMENT OF
STATE, DEPARTMENT OF HEALTH, THE PUBLIC HEALTH AND HEALTH PLANNING COUN-
CIL AND ANY OTHER DEPARTMENT OR AGENCY WITH AN INTEREST IN SUCH INFORMA-
TION.
  4.  THE  DEPARTMENT,  IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH AND
THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, SHALL ESTABLISH A  CODING
SYSTEM TO DETAIL THE LEVELS OF CONTAMINATION IN THE WATER.
  S 2. The public health law is amended by adding a new section 224-c to
read as follows:
  S  224-C.  WATER  QUALITY INFORMATION. 1. THE PUBLIC HEALTH AND HEALTH
PLANNING COUNCIL SHALL PROVIDE CONSTANT  UPDATES  TO  RESIDENTS  OF  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13583-01-1
              

S. 5915                             2

STATE REGARDING THE QUALITY OF WATER THROUGHOUT THE STATE USING INFORMA-
TION  RECEIVED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, PURSUANT
TO SECTION 15-0319 OF THE ENVIRONMENTAL CONSERVATION LAW.
  2.  INFORMATION  SHALL BE DELINEATED TO RESIDENTS OF THE STATE THROUGH
VARIOUS METHODS, INCLUDING BUT NOT LIMITED TO THE DEPARTMENT'S WEBSITE.
  3. THE CODING SYSTEM, ESTABLISHED BETWEEN THE DEPARTMENT, THE  DEPART-
MENT  OF  ENVIRONMENTAL  CONSERVATION,  AND THE PUBLIC HEALTH AND HEALTH
PLANNING COUNCIL, PURSUANT  TO  SECTION  15-0319  OF  THE  ENVIRONMENTAL
CONSERVATION LAW, SHALL BE MADE AVAILABLE ON THE DEPARTMENT'S WEBSITE.
  4.  IF  THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION DETERMINES THAT
THERE ARE UNACCEPTABLE LEVELS OF  WATER  CONTAMINATION,  THE  DEPARTMENT
SHALL  DISSEMINATE  SPECIAL  ALERTS  TO THE PUBLIC. THE DEPARTMENT SHALL
ISSUE ALERTS TO COMMUNICATIONS OUTLETS, INCLUDING TELEVISION  AND  RADIO
AND  CREATE AND UTILIZE RELEVANT SOCIAL MEDIA OUTLETS TO COMMUNICATE ANY
SPECIAL ALERTS TO STATE RESIDENTS.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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

                                 5915--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            October 26, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed  to  be  committed  to  the  Committee  on  Rules -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the environmental conservation law and the public health
  law, in relation to monitoring and notifying residents of the state of
  water contamination

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

  Section  1.  The environmental conservation law is amended by adding a
new section 15-0319 to read as follows:
S 15-0319. STUDY OF WATER CONTAMINATION.
  1.   FOR PURPOSES OF THIS SECTION,  "BODIES  OF  WATER"  MEANS  PUBLIC
BODIES OF WATER WHERE CONTACT RECREATION IS TAKING PLACE AND/OR DRINKING
WATER IS WITHDRAWN.
  2.  THE  DEPARTMENT SHALL MONITOR BODIES OF WATER THROUGHOUT THE STATE
AND SHALL STUDY AND RECORD SEWAGE CONTAMINATION LEVELS OF SUCH BODIES OF
WATER. THE DATA SHALL BE USED TO CREATE PREDICTIVE WATER QUALITY MODELS,
DETAILING LEVELS OF SEWAGE CONTAMINATION IN STATE BODIES OF WATER.    IN
THE  FIRST  YEAR  THE DEPARTMENT SHALL DESIGN A WATER QUALITY STUDY THAT
ADEQUATELY DESCRIBES SEWAGE IMPACTS TO THE RECREATIONAL  WATERS  OF  THE
STATE  IN  ORDER TO PROTECT PUBLIC HEALTH. ONCE DESIGNED IT MUST BE PEER
REVIEWED TO ASSURE ITS EFFICIENCY.
  3. FOLLOWING THE COMPLETION OF THE WATER QUALITY STUDY DESIGN, IN  THE
SECOND YEAR, THE DEPARTMENT SHALL BEGIN COLLECTION AND ANALYSIS OF WATER
QUALITY  DATA. SUCH COLLECTION AND ANALYSIS MAY BE PERFORMED IN CONJUNC-
TION WITH COUNTY DEPARTMENTS OF HEALTH  OR  ANY  OTHER  MUNICIPALITY  OR
AGENCY  TASKED  WITH  MONITORING WATER CONTAMINATION.  IN THE THIRD YEAR
PREDICTIVE WATER QUALITY MODELS WILL  BE  DEVELOPED  AND  ONGOING  WATER
QUALITY MONITORING WILL BE USED TO VERIFY MODEL PREDICTIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13583-02-1

              

S. 5915--A                          2

  4.  THE  DATA RETRIEVED FROM THE STUDIES REQUIRED PURSUANT TO SUBDIVI-
SIONS TWO AND THREE OF THIS SECTION SHALL BE SHARED WITH THE  DEPARTMENT
OF  STATE,  DEPARTMENT  OF HEALTH, THE PUBLIC HEALTH AND HEALTH PLANNING
COUNCIL AND ANY OTHER DEPARTMENT OR AGENCY  WITH  AN  INTEREST  IN  SUCH
INFORMATION.
  5.  THE  DEPARTMENT,  IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH AND
THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, SHALL ESTABLISH A  CODING
SYSTEM  FOR PUBLIC NOTIFICATION OF THE LEVELS OF SEWAGE CONTAMINATION IN
THE WATER.   IN ADDITION TO THE CODED  NOTIFICATION  SYSTEM,  ALL  WATER
QUALITY DATA SHALL BE MADE AVAILABLE TO THE PUBLIC AS IT IS COLLECTED IN
AS NEAR TO REAL TIME AS POSSIBLE. WATER BODIES WHERE WATER QUALITY MONI-
TORING IS NOT CONDUCTED SHALL BE LISTED AS SUCH.
  S 2. The public health law is amended by adding a new section 224-c to
read as follows:
  S  224-C.  WATER  QUALITY INFORMATION. 1. THE PUBLIC HEALTH AND HEALTH
PLANNING COUNCIL SHALL PROVIDE ONGOING UPDATES TO RESIDENTS OF THE STATE
REGARDING THE QUALITY OF WATER THROUGHOUT THE  STATE  USING  INFORMATION
RECEIVED  BY  THE  DEPARTMENT  OF  ENVIRONMENTAL CONSERVATION FROM WATER
QUALITY MONITORING AND PREDICTIVE  WATER  QUALITY  MODELS,  PURSUANT  TO
SECTION 15-0319 OF THE ENVIRONMENTAL CONSERVATION LAW.
  2.  INFORMATION  SHALL BE DELINEATED TO RESIDENTS OF THE STATE THROUGH
VARIOUS METHODS, INCLUDING BUT NOT LIMITED TO THE DEPARTMENT'S WEBSITE.
  3. THE CODING SYSTEM, ESTABLISHED BETWEEN THE DEPARTMENT, THE  DEPART-
MENT  OF  ENVIRONMENTAL  CONSERVATION,  AND THE PUBLIC HEALTH AND HEALTH
PLANNING COUNCIL, PURSUANT  TO  SECTION  15-0319  OF  THE  ENVIRONMENTAL
CONSERVATION  LAW,  SHALL BE MADE AVAILABLE ON THE DEPARTMENT'S WEBSITE,
ALONG WITH THE WATER QUALITY SAMPLING DATA AND PREDICTIVE MODEL DATA.
  4. IF THE DEPARTMENT OF  ENVIRONMENTAL  CONSERVATION  DETERMINES  THAT
THERE  ARE  UNACCEPTABLE  LEVELS OF SEWAGE CONTAMINATION, THE DEPARTMENT
SHALL DISSEMINATE WATER QUALITY ALERTS TO THE  PUBLIC.    WATER  QUALITY
ALERTS  MUST  BE  ISSUED AS SOON AS POSSIBLE, AND NO LATER THAN ONE HOUR
AFTER THE STATE IS NOTIFIED, IN  THE  EVENT  OF  ANY  ACCIDENTAL  SEWAGE
RELEASES  SUCH  AS SEWER COLLECTION AND CONVEYANCE COMPONENT FAILURE AND
UNPLANNED RELEASES FROM WASTEWATER TREATMENT PLANTS. THE PUBLIC MUST  BE
NOTIFIED  IN  REAL TIME WHEN EVENTS OR CONDITIONS ARE ANTICIPATED, BASED
ON A PREDICTIVE MODEL OR PLANNED RELEASE, TO  CAUSE  UNACCEPTABLE  WATER
QUALITY,  SUCH AS HEAVY RAIN IN AN AREA WITH COMBINED SEWER OVERFLOWS OR
PLANNED WASTEWATER TREATMENT PLANT BYPASSES.  THE DEPARTMENT SHALL ISSUE
ALERTS TO COMMUNICATIONS OUTLETS, INCLUDING  TELEVISION  AND  RADIO  AND
CREATE  AND  UTILIZE  RELEVANT  SOCIAL  MEDIA OUTLETS TO COMMUNICATE ANY
SPECIAL ALERTS TO STATE AND LOCAL RESIDENTS.  AT LOCATIONS WITH  CHRONIC
SEWAGE  CONTAMINATION, SUCH AS ONGOING CONTAMINATION FROM FAILING SEPTIC
SYSTEMS, SIGNS SHALL BE POSTED  TO  ALERT  THE  PUBLIC  OF  UNACCEPTABLE
LEVELS  OF  SEWAGE  IN THE WATER. THE SIGNS MUST BE EASILY UNDERSTOOD BY
THE PUBLIC AND MUST BE  MAINTAINED  UNTIL  WATER  QUALITY  IN  THE  AREA
RETURNS TO ACCEPTABLE LEVELS OF SEWAGE.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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

                                 5915--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            October 26, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed  to  be  committed  to  the  Committee  on  Rules -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- recommitted to  the  Committee  on  Environmental
  Conservation  in  accordance  with  Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the environmental conservation law and the public health
  law, in relation to monitoring and notifying residents of the state of
  water contamination

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

  Section  1.   Section 15-0107 of the environmental conservation law is
amended to read as follows:
S 15-0107. Definitions as used in this article.
  1. "CHRONIC SEWAGE  CONTAMINATION"  MEANS  WATER  QUALITY  THAT  FAILS
APPLICABLE  WATER  QUALITY CRITERIA MORE THAN THIRTY PERCENT OF THE TIME
OVER A TWELVE MONTH PERIOD.
  2. "COMPREHENSIVE PLANNING" AS USED IN TITLE 11 OF THIS ARTICLE  SHALL
BE  DEEMED  TO MEAN MULTI-PURPOSE PLANNING FOR AT LEAST TWO, AND AS MANY
MORE AS MAY BE FOUND TO BE PRACTICABLE AND REASONABLE, OF  THE  PURPOSES
AND  USES  AS  PROVIDED  BY  THIS  ARTICLE  OR BY ANY OTHER STATUTE, THE
PROVISIONS OF WHICH AND THE PROCEDURES AUTHORIZED THEREBY ARE TO  REMAIN
IN FULL FORCE AND EFFECT.
  3. "DISPOSAL" MEANS THE DISCHARGE, DEPOSIT, INJECTION, DUMPING, SPILL-
ING,  LEAKING  OR PLACING OF ANY SUBSTANCE SO THAT SUCH SUBSTANCE OR ANY
RELATED CONSTITUENT THEREOF MAY ENTER THE ENVIRONMENT, OR  THE  ABANDON-
MENT OF ANY SUBSTANCE.
  4.  "DISPOSAL  SYSTEM"  MEANS A SYSTEM FOR DISPOSING OF SEWAGE, INDUS-
TRIAL WASTE OR OTHER WASTES, AND INCLUDING SEWER SYSTEMS  AND  TREATMENT
WORKS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13583-04-2
              

S. 5915--B                          2

  5.  "EXISTING  USES"  ARE  THOSE USES ACTUALLY ATTAINED IN THE BODY OF
WATER ON OR AFTER NOVEMBER 28, 1975, WHETHER OR NOT THEY ARE  DESIGNATED
USES.
  6.  "MUNICIPALITY" OR "MUNICIPAL CORPORATION" INCLUDES A COUNTY, CITY,
TOWN AND VILLAGE.
  7. "Person" means any individual, firm, co-partnership, association or
corporation other than the state and a "public corporation."
  [2. "Public corporation" means  "public  corporation"]  8.    "PRIMARY
CONTACT  RECREATION"  MEANS RECREATIONAL ACTIVITIES WHERE THE HUMAN BODY
MAY COME IN DIRECT CONTACT WITH RAW WATER TO THE POINT OF COMPLETE  BODY
SUBMERGENCE. PRIMARY CONTACT RECREATION INCLUDES, BUT IS NOT LIMITED TO,
SWIMMING, DIVING, WATER SKIING, SKIN DIVING AND SURFING.
  9. "CORPORATION" MEANS A CORPORATION as defined in subdivision [one] 4
of  [Section  3 of the General Corporation Law] SECTION 102 OF THE BUSI-
NESS CORPORATION LAW and includes all  public  authorities,  except  the
[Power Authority] POWER AUTHORITY of the [State] STATE of New York.
  [3. "Municipality" or "municipal corporation" includes a county, city,
town and village.
  4.]  10.  "RECREATIONAL ACCESS AREAS" MEANS POINTS OF ACCESS TO WATERS
USED BY THE PUBLIC FOR PRIMARY OR SECONDARY  CONTACT  RECREATION  ACTIV-
ITIES.
  11.  "RELEASE"  SHALL MEAN AN OVERFLOW, SPILL, RELEASE OR DIVERSION OF
SEWAGE FROM A DISPOSAL SYSTEM TO WATERS, INCLUDING RELEASES  FROM  SANI-
TARY  SYSTEM OVERFLOWS AND COMBINED SEWER OVERFLOWS WHICH ARE NOT OTHER-
WISE CATEGORIZED AS DISCHARGES.
  12. "SECONDARY CONTACT RECREATION" MEANS RECREATIONAL ACTIVITIES WHERE
CONTACT WITH THE WATER IS MINIMAL AND WHERE INGESTION OF  THE  WATER  IS
NOT  PROBABLE. SECONDARY CONTACT RECREATION INCLUDES, BUT IS NOT LIMITED
TO, FISHING AND BOATING.
  13. "SEWAGE" MEANS THE WATER-CARRIED HUMAN OR ANIMAL WASTES FROM RESI-
DENCES, BUILDINGS, INDUSTRIAL ESTABLISHMENTS OR OTHER  PLACES,  TOGETHER
WITH SUCH GROUND WATER INFILTRATION AND SURFACE WATER AS MAY BE PRESENT.
THE ADMIXTURE WITH SEWAGE AS ABOVE DEFINED OF INDUSTRIAL WASTES OR OTHER
WASTES  AS  HEREAFTER  DEFINED, SHALL ALSO BE CONSIDERED "SEWAGE" WITHIN
THE MEANING OF THIS ARTICLE.
  14. "SEWER SYSTEM" OR "SEWERAGE SYSTEM" MEANS PIPE LINES OR  CONDUITS,
PUMPING STATIONS, AND FORCE MAINS, AND ALL OTHER CONSTRUCTIONS, DEVICES,
AND  APPLIANCES  APPURTENANT THERETO, USED FOR CONDUCTING SEWAGE, INDUS-
TRIAL WASTE OR OTHER WASTES TO A POINT OF ULTIMATE DISPOSAL.
  15. "SUPPLEMENTARY WATER QUALITY DATA"  MEANS  DATA  COLLECTED  BY  OR
PROVIDED  TO THE DEPARTMENT BY MUNICIPALITIES AND COUNTIES OR BY PRIVATE
CITIZENS, NON-GOVERNMENTAL  ORGANIZATIONS  OR  EDUCATIONAL  INSTITUTIONS
PURSUANT TO SUBDIVISION 4 OF SECTION 15-0319 OF THIS ARTICLE IN ORDER TO
ACHIEVE  THE PURPOSES OF SUCH SECTION, IN ADDITION TO WATER QUALITY DATA
WHICH THE DEPARTMENT IS REQUIRED TO  COLLECT  PURSUANT  TO  THE  FEDERAL
CLEAN WATER ACT AND/OR ARTICLE 17 OF THIS CHAPTER.
  16. "TREATMENT WORKS" MEANS ANY PLANT, DISPOSAL FIELD, LAGOON, PUMPING
STATION, CONSTRUCTED DRAINAGE DITCH OR SURFACE WATER INTERCEPTING DITCH,
INCINERATOR,  AREA  DEVOTED  TO  SANITARY LAND FILLS, OR OTHER WORKS NOT
SPECIFICALLY MENTIONED HEREIN, INSTALLED FOR THE  PURPOSE  OF  TREATING,
NEUTRALIZING,  STABILIZING  OR  DISPOSING OF SEWAGE, INDUSTRIAL WASTE OR
OTHER WASTES.
  17. "Waters" shall be construed to include lakes, bays, sounds, ponds,
impounding reservoirs, springs, wells, rivers, streams, creeks,  estuar-
ies,  marshes, inlets, canals, the Atlantic ocean within the territorial
limits of the state of New York, and all  other  bodies  of  surface  or

S. 5915--B                          3

underground  water,  natural  or artificial, inland or coastal, fresh or
salt, public or private, which are wholly or partially within or border-
ing the state or within its jurisdiction.
  [5.] 18. "Water power" shall be construed to mean power developed from
falling  or flowing water, and all electrical current and other forms of
energy into which such power may be transformed.
  [6. The term "comprehensive planning" as used  in  title  11  of  this
article shall be deemed to mean multi-purpose planning for at least two,
and  as  many  more as may be found to be practicable and reasonable, of
the purposes and uses as provided by this article 15  or  by  any  other
statute,  the  provisions of which and the procedures authorized thereby
are to remain in full force and effect.
  7.] 19. Other definitions, applicable to this article,  are  found  in
sections 15-1301, 15-1703, 15-1973 and 15-2101.
  S  2.  The  environmental  conservation law is amended by adding a new
section 15-0319 to read as follows:
S 15-0319. PUBLIC NOTIFICATION OF SEWAGE DISCHARGES AND RELEASES.
  1. FOR PURPOSES OF THIS SECTION "BODY OR BODIES OF  WATER"  MEANS  ALL
WATERS,  AS DEFINED BY SUBDIVISION 17 OF SECTION 15-0107 OF THE ARTICLE,
WHICH ARE, OR COULD BE  AFFECTED,  EITHER  DIRECTLY  OR  INDIRECTLY,  BY
SEWAGE  CONTAMINATION  RESULTING  FROM  A  DISCHARGE  OR  RELEASE FROM A
DISPOSAL SYSTEM AND:
  (A) WHICH ARE DESIGNATED BY THE DEPARTMENT FOR  PRIMARY  OR  SECONDARY
CONTACT RECREATION USES; OR
  (B)  WHERE  PRIMARY  OR  SECONDARY  RECREATION ACTIVITIES ARE EXISTING
USES; OR
  (C) FROM WHICH DRINKING WATER IS WITHDRAWN.
  2. THE DEPARTMENT SHALL IMMEDIATELY NOTIFY THE DEPARTMENT OF HEALTH OF
REPORTED SEWAGE DISCHARGES AND RELEASES FROM DISPOSAL SYSTEMS WHICH HAVE
THE POTENTIAL TO AFFECT HUMAN HEALTH IN  ORDER  FOR  THE  DEPARTMENT  OF
HEALTH TO ISSUE WATER QUALITY ALERTS AS REQUIRED BY SECTION 224-C OF THE
PUBLIC HEALTH LAW.
  3.  IN  ORDER TO ACHIEVE THE PURPOSES OF THIS SECTION AND, IN ADDITION
TO WATER QUALITY SAMPLING REQUIRED BY PARAGRAPH (H) OF SUBDIVISION 5  OF
SECTION  17-0303  OF  THIS  CHAPTER AND THE FEDERAL CLEAN WATER ACT, THE
DEPARTMENT SHALL MONITOR AND STUDY SEWAGE CONTAMINATION LEVELS IN BODIES
OF WATER AT RECREATIONAL ACCESS AREAS IN ORDER TO NOTIFY THE  PUBLIC  OF
LOCAL WATER QUALITY CONDITIONS AND, AS DATA AND DEPARTMENT RESOURCES MAY
ALLOW,  TO  CREATE  WATER  QUALITY  MODELS THAT CAN PREDICT UNACCEPTABLE
LEVELS OF SEWAGE CONTAMINATION IN SUCH BODIES OF WATER.  THE  DEPARTMENT
SHALL  UTILIZE  SUPPLEMENTARY  WATER  QUALITY  DATA PROVIDED PURSUANT TO
SUBDIVISION 4 OF THIS SECTION.  THE DEPARTMENT SHALL CONDUCT  COLLECTION
AND  ANALYSIS  OF  WATER QUALITY ANNUALLY DURING THE RECREATIONAL SEASON
FROM MAY THROUGH SEPTEMBER. WATER QUALITY COLLECTION  AND  ANALYSIS  MAY
ALSO  BE  PROVIDED  BY  COUNTY  DEPARTMENTS OF HEALTH, MUNICIPALITIES OR
AGENCIES TASKED WITH MONITORING WATER CONTAMINATION, PRIVATE LABS AND/OR
NON-PROFIT OR CITIZEN GROUPS THAT PERFORM SUCH COLLECTION  AND  ANALYSIS
IN CONFORMANCE WITH THE STANDARDS SET FORTH IN THE NEW YORK STATE VOLUN-
TEER  LAKE MONITORING PROGRAM. MUNICIPALITIES AND THEIR SUBDIVISIONS MAY
PETITION THE DEPARTMENT TO INCLUDE ADDITIONAL BODIES  OF  WATER  TO  THE
MONITORING LIST BASED ON CONSISTENT PUBLIC USE OF SUCH BODY OF WATER FOR
PRIMARY OR SECONDARY CONTACT RECREATION.
  4.  CITIZENS,  NON-GOVERNMENTAL  ORGANIZATIONS  AND EDUCATIONAL INSTI-
TUTIONS, UNDER THE GUIDANCE AND DIRECTION OF THE DEPARTMENT, MAY MONITOR
WATER QUALITY TO GATHER DATA ON SEWAGE CONTAMINATION OF BODIES OF  WATER
AND  PROVIDE  SUCH DATA TO THE DEPARTMENT AS SUPPLEMENTARY WATER QUALITY

S. 5915--B                          4

DATA IN ORDER TO ASSIST THE DEPARTMENT WITH ACCOMPLISHING  THE  PURPOSES
OF  THIS  SECTION. SUCH MONITORING SHALL BE CONDUCTED PURSUANT TO PROTO-
COLS AND QUALITY ASSURANCE/QUALITY CONTROL REQUIREMENTS AS  THE  DEPART-
MENT MAY PROMULGATE BY REGULATION. SUCH SAMPLING SHALL OCCUR BETWEEN MAY
AND  SEPTEMBER. SAMPLES MAY BE PROCESSED BY THE VOLUNTEERS AND FORWARDED
TO A CONTRACT CHEMISTRY LABORATORY FOR ANALYSIS.   CHEMISTRY  PARAMETERS
SHALL INCLUDE, BUT ARE NOT LIMITED TO, TESTS FOR ESCHERICHIA COLI, FECAL
COLIFORM,  TOTAL  COLIFORM  AND  ENTEROCOCCUS BACTERIA. THE COMMISSIONER
SHALL ESTABLISH AND FILL A NEW PERMANENT POSITION OF PROGRAM COORDINATOR
FOR THE MONITORING PROGRAM WITHIN THE DIVISION OF WATER. QUALITY CONTROL
CHECKS SHALL BE CARRIED OUT ON A REGULAR BASIS BY THE PROGRAM  COORDINA-
TOR.
  5.  THE  DATA RETRIEVED FROM THE STUDIES REQUIRED PURSUANT TO SUBDIVI-
SIONS 3 AND 4 OF THIS SECTION SHALL BE SHARED  WITH  THE  DEPARTMENT  OF
STATE, DEPARTMENT OF HEALTH, THE PUBLIC HEALTH AND HEALTH PLANNING COUN-
CIL AND ANY OTHER DEPARTMENT OR AGENCY WITH AN INTEREST IN SUCH INFORMA-
TION.
  6.  THE  DEPARTMENT,  IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH AND
THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, SHALL ESTABLISH A  CODING
SYSTEM  FOR PUBLIC NOTIFICATION OF THE LEVELS OF SEWAGE CONTAMINATION IN
THE WATER.   IN ADDITION TO THE CODED  NOTIFICATION  SYSTEM,  ALL  WATER
QUALITY DATA SHALL BE MADE AVAILABLE TO THE PUBLIC AS IT IS COLLECTED IN
AS NEAR TO REAL TIME AS POSSIBLE. WATER BODIES WHERE WATER QUALITY MONI-
TORING IS NOT CONDUCTED SHALL BE LISTED AS SUCH.
  S 3. The public health law is amended by adding a new section 224-c to
read as follows:
  S  224-C.  WATER  QUALITY INFORMATION. 1. THE PUBLIC HEALTH AND HEALTH
PLANNING COUNCIL SHALL PROVIDE ONGOING UPDATES TO RESIDENTS OF THE STATE
REGARDING THE QUALITY OF WATER THROUGHOUT THE  STATE  USING  INFORMATION
RECEIVED  BY  THE  DEPARTMENT  OF  ENVIRONMENTAL CONSERVATION FROM WATER
QUALITY MONITORING AND PREDICTIVE  WATER  QUALITY  MODELS,  PURSUANT  TO
SECTION 15-0319 OF THE ENVIRONMENTAL CONSERVATION LAW.
  2. INFORMATION SHALL BE DISSEMINATED TO RESIDENTS OF THE STATE THROUGH
VARIOUS METHODS, INCLUDING BUT NOT LIMITED TO THE DEPARTMENT'S WEBSITE.
  3.  THE CODING SYSTEM, ESTABLISHED BETWEEN THE DEPARTMENT, THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION, AND THE  PUBLIC  HEALTH  AND  HEALTH
PLANNING  COUNCIL,  PURSUANT  TO  SECTION  15-0319  OF THE ENVIRONMENTAL
CONSERVATION LAW, SHALL BE MADE AVAILABLE ON THE  DEPARTMENT'S  WEBSITE,
ALONG WITH THE WATER QUALITY SAMPLING DATA AND PREDICTIVE MODEL DATA.
  4.  IF  THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION DETERMINES THAT
THERE ARE UNACCEPTABLE LEVELS OF SEWAGE  CONTAMINATION,  THE  DEPARTMENT
SHALL  DISSEMINATE  WATER  QUALITY  ALERTS TO THE PUBLIC.  WATER QUALITY
ALERTS MUST BE ISSUED AS SOON AS POSSIBLE, AND NO LATER  THAN  ONE  HOUR
AFTER  THE  STATE  IS  NOTIFIED,  IN  THE EVENT OF ANY ACCIDENTAL SEWAGE
RELEASES SUCH AS SEWER COLLECTION AND CONVEYANCE COMPONENT  FAILURE  AND
UNPLANNED  RELEASES FROM WASTEWATER TREATMENT PLANTS. THE PUBLIC MUST BE
NOTIFIED IN REAL TIME WHEN EVENTS OR CONDITIONS ARE  ANTICIPATED,  BASED
ON  A  PREDICTIVE  MODEL OR PLANNED RELEASE, TO CAUSE UNACCEPTABLE WATER
QUALITY, SUCH AS HEAVY RAIN IN AN AREA WITH COMBINED SEWER OVERFLOWS  OR
PLANNED WASTEWATER TREATMENT PLANT BYPASSES.  THE DEPARTMENT SHALL ISSUE
ALERTS  TO  COMMUNICATIONS  OUTLETS,  INCLUDING TELEVISION AND RADIO AND
CREATE AND UTILIZE RELEVANT SOCIAL  MEDIA  OUTLETS  TO  COMMUNICATE  ANY
SPECIAL  ALERTS TO STATE AND LOCAL RESIDENTS.  AT LOCATIONS WITH CHRONIC
SEWAGE CONTAMINATION, SUCH AS ONGOING CONTAMINATION FROM FAILING  SEPTIC
SYSTEMS,  SIGNS  SHALL  BE  POSTED  TO  ALERT THE PUBLIC OF UNACCEPTABLE
LEVELS OF SEWAGE IN THE WATER. THE SIGNS MUST BE  EASILY  UNDERSTOOD  BY

S. 5915--B                          5

THE  PUBLIC  AND  MUST  BE  MAINTAINED  UNTIL  WATER QUALITY IN THE AREA
RETURNS TO ACCEPTABLE LEVELS OF SEWAGE.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.