Senate Bill S5874

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5874
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   Section 1. Article 2 of the public health law is amended by  adding  a
 new title VIII to read as follows:
                                TITLE VIII
                          DRINKING WATER QUALITY
                                 INSTITUTE
 SECTION 269. DRINKING WATER QUALITY INSTITUTE; ESTABLISHED.
   §  269.  DRINKING WATER QUALITY INSTITUTE; ESTABLISHED. 1. THERE SHALL
 BE ESTABLISHED, WITHIN THE DEPARTMENT, THE DRINKING WATER QUALITY INSTI-
 TUTE. SUCH INSTITUTE SHALL BE COMPOSED OF SEVENTEEN MEMBERS AS FOLLOWS:
   (A) THE COMMISSIONER;
   (B) THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION;
   (C) THE DIRECTOR OF THE OFFICE OF REMEDIATION AND MATERIALS  WITH  THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION;
   (D)  THE  DIRECTOR OF THE OFFICE OF WATER RESOURCES WITHIN THE DEPART-
 MENT OF ENVIRONMENTAL CONSERVATION;
   (E) THE DIRECTOR OF THE CENTER FOR  ENVIRONMENTAL  HEALTH  WITHIN  THE
 DEPARTMENT;
   (F)  THE  DIRECTOR  OF  THE  BUREAU  OF OCCUPATIONAL HEALTH AND INJURY
 PREVENTION WITHIN THE DEPARTMENT;
   (G) THE DIRECTOR OF THE BUREAU OF WATER SUPPLY PROTECTION  WITHIN  THE
 DEPARTMENT;
   (H)  THE DIRECTOR OF THE WATERSHED PROTECTION AND PARTNERSHIP COUNCILS
 WITHIN THE DEPARTMENT OF STATE;
   (I) THREE MEMBERS APPOINTED BY THE GOVERNOR;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11822-01-9
              

 S. 5874                             2
 
   (J) THREE MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE  SENATE;
 AND
   (K) THREE MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
   2.  (A)  OF THE MEMBERS APPOINTED TO THE DRINKING WATER QUALITY INSTI-
 TUTE, THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
 THE ASSEMBLY SHALL EACH APPOINT:
   (I) ONE MEMBER WHO REPRESENTS WATER PURVEYORS, OF WHICH ONE APPOINTING
 AUTHORITY SHALL APPOINT A REPRESENTATIVE OF WATER PURVEYORS WHOSE PRIMA-
 RY WATER SOURCE IS AN UNDERGROUND SOURCE OR SOURCES;
   (II) ONE MEMBER WHO REPRESENTS THE ACADEMIC SCIENTIFIC COMMUNITY; AND
   (III) ONE MEMBER REPRESENTING THE PUBLIC,  WHO  HAS  A  BACKGROUND  IN
 ENVIRONMENTAL HEALTH ISSUES.
   (B)  THE  MEMBERS  OF  SUCH INSTITUTE APPOINTED PURSUANT TO PARAGRAPHS
 (I), (J) AND (K) OF SUBDIVISION ONE OF THIS SECTION SHALL SERVE TERMS OF
 THREE YEARS; PROVIDED, HOWEVER, THAT OF THE INITIAL APPOINTMENTS:
   (I) THE WATER PURVEYOR REPRESENTATIVE APPOINTED BY THE  GOVERNOR,  THE
 ACADEMIC  SCIENTIFIC REPRESENTATIVE APPOINTED BY THE TEMPORARY PRESIDENT
 OF THE SENATE AND THE PUBLIC REPRESENTATIVE APPOINTED BY THE SPEAKER  OF
 THE ASSEMBLY SHALL SERVE INITIAL TERMS OF ONE YEAR;
   (II)  THE  PUBLIC  REPRESENTATIVE APPOINTED BY THE GOVERNOR, THE WATER
 PURVEYOR REPRESENTATIVE APPOINTED BY  THE  TEMPORARY  PRESIDENT  OF  THE
 SENATE  AND  THE  ACADEMIC  SCIENTIFIC  REPRESENTATIVE  APPOINTED BY THE
 SPEAKER OF THE ASSEMBLY SHALL SERVE INITIAL TERMS OF TWO YEARS;
   (III) THE REMAINING APPOINTED MEMBERS SHALL  SERVE  INITIAL  TERMS  OF
 THREE YEARS.
   (C)  THE  MEMBERS APPOINTED PURSUANT TO PARAGRAPHS (I), (J) AND (K) OF
 SUBDIVISION ONE OF THIS SECTION SHALL EACH SERVE  HIS  OR  HER  TERM  OF
 OFFICE  OR  UNTIL  HIS  OR HER SUCCESSOR IS APPOINTED; PROVIDED THAT ANY
 VACANCY IN THE POSITION OF AN APPOINTED MEMBER SHALL BE  FILLED  IN  THE
 SAME  MANNER AS THE ORIGINAL APPOINTMENT AND ONLY FOR THE UNEXPIRED TERM
 OF THE VACANCY.  PROVIDED, FURTHER, THAT ANY  APPOINTED  MEMBER  OF  THE
 DRINKING  WATER QUALITY INSTITUTE MAY BE REMOVED FOR CAUSE BY HIS OR HER
 APPOINTING AUTHORITY AFTER A PUBLIC HEARING.
   3. THE MEMBERS OF THE DRINKING WATER QUALITY INSTITUTE  SHALL  RECEIVE
 NO  COMPENSATION  FOR  THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL
 AND NECESSARY EXPENSES INCURRED  IN  THE  PERFORMANCE  OF  THEIR  DUTIES
 PURSUANT TO THIS TITLE.
   4.  THE  DRINKING WATER QUALITY INSTITUTE SHALL MEET AT SUCH TIMES AND
 PLACES AS MAY BE DETERMINED BY ITS CHAIR, WHO SHALL BE ELECTED FROM  THE
 MEMBERSHIP OF SUCH INSTITUTE BY A MAJORITY OF THE MEMBERS. THE INSTITUTE
 SHALL MEET AT A MINIMUM OF BIANNUALLY. A MAJORITY OF THE MEMBERS OF SUCH
 INSTITUTE  SHALL  CONSTITUTE  A  QUORUM FOR THE TRANSACTION OF BUSINESS.
 ACTION MAY BE TAKEN, AND MOTIONS AND RESOLUTIONS ADOPTED AT ANY  MEETING
 BY  THE  AFFIRMATIVE  VOTE  OF  A MAJORITY OF THE FULL MEMBERSHIP OF THE
 INSTITUTE.
   5. THE INSTITUTE SHALL MAKE RECOMMENDATIONS TO THE DEPARTMENT RELATING
 TO:
   (A) DEVELOPING A LIST OF  CONTAMINANTS  FOR  WHICH  TESTING  SHALL  BE
 REQUIRED  BY ALL PUBLIC WATER SYSTEMS, WHICH SHALL INCLUDE BOTH SUPPLIES
 SERVING POPULATIONS OF TEN THOUSAND AND  LESS  AND  POPULATIONS  OF  TEN
 THOUSAND OR MORE;
   (B)  DEVELOPING  MAXIMUM  CONTAMINANT  LEVELS  FOR UNREGULATED CONTAM-
 INANTS;
   (C) CONDUCTING SCIENTIFIC STUDIES OR  SCIENTIFIC  BASED  RESEARCH,  AS
 WELL AS CONDUCTING PUBLIC OUTREACH;

 S. 5874                             3
 
   (D)  ESTABLISHING  A CLEAR NOTIFICATION PROCESS FOR MUNICIPALITIES AND
 STATE AGENCIES DEALING WITH WATER QUALITY ISSUES, WHEN THERE ARE  ACTUAL
 OR  POTENTIAL UNREGULATED CONTAMINATE THREATS INCLUDING, BUT NOT LIMITED
 TO, CLEAR AND CONCISE  DOCUMENTS  TO  BE  UTILIZED  WHEN  NOTIFYING  THE
 PUBLIC;
   (E)  DEVELOPING  APPROPRIATE  TESTING  TECHNIQUES  TO  MEASURE MAXIMUM
 CONTAMINANT LEVELS;
   (F) DEVELOPING THE FREQUENCY WITH WHICH TESTING SHOULD OCCUR;
   (G) ENSURING STATE OFFICIALS ARE AWARE OF THE MOST UP-TO-DATE RESEARCH
 AND SCIENCE REGARDING WATER QUALITY AND CONTAMINANTS;
   (H) WORKING WITH OTHER STATE AGENCIES AND THE  FEDERAL  GOVERNMENT  TO
 ENSURE FUNDS ARE AVAILABLE AND ACCESSIBLE, PARTIES KNOWN TO BE RESPONSI-
 BLE  FOR THE POLLUTION ARE PURSUED, AND REMEDIATION AND CLEANUP PROJECTS
 OCCUR IN A TIMELY MANNER; AND
   (I) ANYTHING ELSE THE DEPARTMENT OR THE  DEPARTMENT  OF  ENVIRONMENTAL
 CONSERVATION DESIGNATES.
   6.  THE  DRINKING WATER QUALITY INSTITUTE SHALL BE ENTITLED TO REQUEST
 AND RECEIVE ASSISTANCE, FACILITIES AND RESOURCES OF ANY STATE, MUNICIPAL
 DEPARTMENT, BOARD, COMMISSION OR AGENCY THAT  MAY  BE  REQUIRED  OR  ARE
 DEEMED NECESSARY FOR THE PURPOSES OF SUCH INSTITUTE.
   7.  THE  DRINKING WATER QUALITY INSTITUTE SHALL REPORT TO THE LEGISLA-
 TURE WITHIN ONE YEAR OF THE INITIAL  CONVENING  OF  SUCH  INSTITUTE  AND
 ANNUALLY THEREAFTER ON ITS ACTIVITIES AND RECOMMENDATIONS.
   § 2. This act shall take effect immediately.