Senate Bill S7639

2021-2022 Legislative Session

Prohibits the certification of any new water bottling facilities not previously certified to operate as such

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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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health

2021-S7639 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §225, Pub Health L

2021-S7639 (ACTIVE) - Summary

Prohibits the certification of any new water bottling facilities not previously certified to operate as such in this state; requires an environmental impact statement to be prepared before a water bottling facility is issued certification or recertification.

2021-S7639 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7639

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the public health law, in relation to prohibiting the
certification of any new water bottling facilities not previously certi-
fied to operate as such

 
PURPOSE:

To prohibit new water bottling facilities from being certified when the
facilities were not previously certified to bottle water.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new subdivision to section 225 of the Public Health law
to prohibit the certification of new water bottling facilities when the
facility was not previously certified to bottle water.  Additionally, it
also requires that the department perform a full environmental impact
statement in review of the facility and its operations before certifying
or recertifying any facility. The environmental impact statement must be

done according to article 8 of the state's environmental conservation
law and must consider the impact of the facility to New York's supply of
freshwater, the health of the watersheds around the facility, and the
water supply needs of the communities surrounding the facility.

Section 2 is the effective date.

 
JUSTIFICATION:

As the climate crisis grows worse across the world and throughout the
country, it is important that New York take steps to protect our natural
resources. Though we have been fortunate to not experience the same
catastrophic droughts in New York that California has experienced in the
last several years, we must take appropriate measures to protect our
natural resources.

To protect our supply of freshwater for our residents, we need to ensure
that water bottling facilities are not causing a local shortage of fresh
water in the communities they are based. As a result, it is imperative
that we make sure facilities are evaluated on their statewide impact to
the water supply, as well as the ability of local watersheds to handle
the extra strain on their supplies.

This bill helps to prevent water shortages in communities by requiring
that before each facility is certified or recertified, an environmental
impact statement is performed to evaluate whether the local and state-
wide environment can handle the additional facility.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2021-S7639 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7639
 
                             I N  S E N A T E
 
                              January 5, 2022
                                ___________
 
 Introduced  by  Sen.  MAY  --  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  prohibiting  the
   certification  of  any  new  water  bottling facilities not previously
   certified to operate as such
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 225 of the public health law is amended by adding a
 new subdivision 5-d to read as follows:
   5-D. (A) NO CERTIFICATION PERMITTING THE OPERATION OF A WATER BOTTLING
 FACILITY  SHALL  BE  ISSUED  TO  A  WATER BOTTLING FACILITY THAT HAS NOT
 PREVIOUSLY BEEN ISSUED SUCH A CERTIFICATION BEFORE THE EFFECTIVE DATE OF
 THIS SUBDIVISION.  THIS SUBDIVISION SHALL NOT PREVENT THE ISSUANCE OF  A
 NEW  CERTIFICATION  OR  A  RECERTIFICATION PERMITTING THE OPERATION OF A
 WATER BOTTLING FACILITY TO A WATER BOTTLING FACILITY THAT HAS PREVIOUSLY
 BEEN ISSUED SUCH A CERTIFICATION  BEFORE  THE  EFFECTIVE  DATE  OF  THIS
 SUBDIVISION.
   (B)  BEFORE  ANY  NEW  CERTIFICATION OR RECERTIFICATION PERMITTING THE
 OPERATION OF A WATER BOTTLING FACILITY IS ISSUED  TO  A  WATER  BOTTLING
 FACILITY,  THE  DEPARTMENT  SHALL  COMPLETE  A FULL ENVIRONMENTAL IMPACT
 STATEMENT REVIEWING SUCH WATER BOTTLING  FACILITY  AND  ITS  OPERATIONS,
 SUBJECT  TO THE PROVISIONS OF THE STATE ENVIRONMENTAL QUALITY REVIEW ACT
 UNDER ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ITS IMPLE-
 MENTING REGULATIONS. SUCH ENVIRONMENTAL IMPACT STATEMENT SHALL  INCLUDE,
 BUT NOT BE LIMITED TO, A REVIEW OF SUCH WATER BOTTLING FACILITY'S IMPACT
 ON  NEW YORK'S SUPPLY OF FRESH WATER, THE HEALTH OF WATERSHEDS SURROUND-
 ING SUCH WATER BOTTLING FACILITY, AND THE  WATER  NEEDS  OF  COMMUNITIES
 SURROUNDING SUCH WATER BOTTLING FACILITY.
   (C) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I)  "WATER  BOTTLING  FACILITY"  SHALL  MEAN  A FACILITY OPERATING TO
 PRODUCE BOTTLED WATER.
   (II) "BOTTLED WATER" SHALL MEAN ANY PRODUCT, INCLUDING NATURAL  SPRING
 OR  WELL  WATER TAKEN FROM MUNICIPAL OR PRIVATE UTILITY SYSTEMS OR OTHER
 WATER, DISTILLED WATER, DEIONIZED WATER, OR  ANY  OF  THE  FOREGOING  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13101-02-1
 S. 7639                             2
 
 WHICH  CHEMICALS  MAY BE ADDED, WHICH ARE PUT INTO SEALED BOTTLES, PACK-
 AGES OR OTHER CONTAINERS, TO BE SOLD FOR DOMESTIC CONSUMPTION  OR  CULI-
 NARY  USE,  INVOLVING A LIKELIHOOD OF SUCH WATER BEING INGESTED BY HUMAN
 BEINGS.
   § 2. This act shall take effect immediately.

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Senate Bill S7639

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

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2021-S7639 (ACTIVE) - Details

2021-S7639 (ACTIVE) - Summary

2021-S7639 (ACTIVE) - Sponsor Memo

2021-S7639 (ACTIVE) - Bill Text download pdf

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Sponsored By

Rachel May

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

2021-S7639 (ACTIVE) - Details

2021-S7639 (ACTIVE) - Summary

2021-S7639 (ACTIVE) - Sponsor Memo

2021-S7639 (ACTIVE) - Bill Text download pdf

Comments