NY State Senate Bill 2019-S2841

Senate Bill S2841

2019-2020 Legislative Session

Relates to 1,4-Dioxane testing

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health
Jan 29, 2019	referred to health

2019-S2841 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1151-a, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S4544

2019-S2841 (ACTIVE) - Summary

Requires each public water system that serves less than ten thousand individuals to test drinking water for the presence of 1,4-Dioxane.

2019-S2841 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2841

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring
1,4-Dioxane testing of public water systems that serve less than 10,000
individuals

 
PURPOSE OR GENERAL IDEA OF BILL:

Current federal law requires all public water systems that serve more
than 10,000 individuals to test for a maximum of 30 unregulated contam-
inants. Under the last Unregulated Contaminant Monitoring Rule (UCMR),
the results of which were released over the Summer of 2016, the contam-
inant 1,4-Dioxane was found to be in over 70% of tested wells on Long
Island. This legislation will close the federal loophole and require
public water systems serving 10,000 individuals or less to test for the
presence of 1,4-Dioxane.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the public health law by adding a new section 1151-a
which will require public water systems serving less than 10,000 indi-
vidual to test for the presence of 1,4-Dioxane.

The NYS Department of Health (DOH) must make available to the water
districts and on it's website a list of laboratories certified to
conduct tests for the presence of 1,4-Dioxane and the contact informa-
tion of the laboratories.

Additional information the DOH would have to make available to water
districts includes scientific studies, scientific research, routes of
exposure, federal standards and guidelines, standards and guidelines of
other states, remediation techniques and treatment, results of tests
from other water districts, and the approximate costs of testing drink-
ing water for 1,4-Dioxane.

The Department of Health would be required to reimburse water districts
serving less than 10,000 individuals 100% of the costs of the testing.

Laboratories shall submit the results of the test results electronically
to the DOH. The public water systems serving less than 10,000 individ-
uals will make the results of the tests on their website.

Section two provides that this act shall take effect immediately.

 
JUSTIFICATION:

Pursuant to the federal Safe Drinking Water Act public water systems
serving more than 10,000 individuals are required to test for a maximum
of 30 unregulated contaminants. The federal law exempts public water
systems that serve less than 10,000 individuals from conducting these
tests for contamination. This past summer when the results of the third
unregulated contaminant monitoring rule was released, 70% of Long Island
wells tested positive for 1,4-Dioxane, it is essential that this
exemption be closed and public water systems that have not been tested
for 1,4-Dioxane be tested. Public water systems that would be required

to test for the presence of 1,4-Dioxane under this legislation would be
reimbursed 100% for the cost of testing.

 
PRIOR LEGISLATIVE HISTORY:

S. 4544 of 2017/2018; Referred to Health

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S2841 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2841
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- 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  requiring
   1,4-Dioxane  testing  of  public  water  systems  that serve less than
   10,000 individuals

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 1151-a to read as follows:
   § 1151-A. 1,4-DIOXANE TESTING. 1. EACH PUBLIC WATER SYSTEM AS  DEFINED
 IN  THE  STATE SANITARY CODE THAT SERVES LESS THAN TEN THOUSAND INDIVID-
 UALS SHALL TEST DRINKING WATER FOR  THE  PRESENCE  OF  1,4-DIOXANE.  THE
 DEPARTMENT  SHALL  PROMULGATE  RULES  AND  REGULATIONS TO EFFECTUATE THE
 PROVISIONS AND PURPOSES OF THIS  SECTION.  SUCH  RULES  AND  REGULATIONS
 SHALL AT A MINIMUM INCLUDE:
   (A)  A  LISTING,  WHICH  SHALL  BE  UPDATED ANNUALLY AND POSTED ON THE
 DEPARTMENT'S WEBSITE, OF LABORATORIES CERTIFIED BY THE DEPARTMENT PURSU-
 ANT TO SECTION FIVE HUNDRED TWO OF THIS CHAPTER THAT ARE  ABLE  TO  TEST
 DRINKING  WATER FOR 1,4-DIOXANE. SUCH LISTING SHALL INCLUDE THE NAME AND
 CONTACT INFORMATION FOR EACH CERTIFIED LABORATORY;
   (B) INFORMATION IN WRITING AND THROUGH THE DEPARTMENT'S  WEBSITE  THAT
 PROVIDES  UP TO DATE INFORMATION ON SCIENTIFIC STUDIES, SCIENTIFIC BASED
 RESEARCH AND ANY OTHER RELEVANT MATERIALS RELATED TO ROUTES OF EXPOSURE,
 HEALTH EFFECTS, FEDERAL STANDARDS AND GUIDELINES, GUIDELINES AND  STAND-
 ARDS  SET BY OTHER STATES, REMEDIATION TECHNIQUES OR TREATMENTS, AND ANY
 OTHER  INFORMATION   THE   COMMISSIONER   DETERMINES   APPROPRIATE   FOR
 1,4-DIOXANE;
   (C) ANY TESTING RESULTS FOR 1,4-DIOXANE PREVIOUSLY SUBMITTED IN ANNUAL
 WATER  QUALITY  REPORTS  AS  PRESCRIBED  BY  THE STATE SANITARY CODE AND
 PERFORMED PURSUANT TO MONITORING REQUIRED UNDER THE FEDERAL SAFE  DRINK-
 ING WATER ACT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09089-01-9

 S. 2841                             2
 
   (D)  APPROXIMATE  COST  OF  TESTING DRINKING WATER FOR 1,4-DIOXANE FOR
 PUBLIC WATER SUPPLIERS AND FOR INDIVIDUAL ONSITE WATER SUPPLY SYSTEMS;
   2.  THE  DEPARTMENT  SHALL  REIMBURSE  PUBLIC WATER SYSTEMS PERFORMING
 DRINKING WATER TESTING PURSUANT TO THIS SECTION FOR ONE HUNDRED  PERCENT
 OF THE LABORATORY COSTS ASSOCIATED WITH ANY INITIAL TESTING.
   3.  LABORATORIES SHALL SUBMIT SUCH RESULTS TO THE DEPARTMENT ELECTRON-
 ICALLY IN THE MANNER PRESCRIBED PURSUANT TO SECTION FIVE HUNDRED TWO  OF
 THIS CHAPTER.
   4.  PUBLIC  WATER  SYSTEMS  SHALL  INCLUDE  ANY TEST RESULTS PERFORMED
 PURSUANT TO THIS SECTION IN ANNUAL WATER QUALITY REPORTS AND SHALL  POST
 TEST RESULTS TO A PUBLICLY ACCESSIBLE INTERNET SITE.
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.