NY State Senate Bill 2023-S2927

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Jan 25, 2023	referred to health

2023-S2927 (ACTIVE) - Details

See Assembly Version of this Bill:: A2996
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§1112 & 1113, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S8764, A9955

2023-S2927 (ACTIVE) - Summary

Establishes the maximum contaminant level goals (MCLGs) for emerging contaminants; provides that the commissioner of health shall by regulation establish a maximum contaminant level goal (MCLG) for each emerging contaminant for which such commissioner has established; makes related provisions.

2023-S2927 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2927

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the public health law, in relation to the establishment
of maximum contaminant level goals (MCLGs) for emerging contaminants

 
PURPOSE:

This bill amends sections 1112 and 1113 of the public health law by
adding a definition for maximum contaminant level goal (MCLG), by
requiring the commissioner of health to establish an MCLG for each
emerging contaminant for which it has established and for which it
establishes a maximum contaminant level (MCL), and by requiring the
drinking water quality council to recommend an MCLG for each emerging
contaminant for which it has recommended and for which it recommends an
MCL.

 
SUMMARY OF PROVISIONS:

Section 1 (d) defines "maximum contaminant level goal" (MCLG) as the

maximum level of a contaminant in drinking water at which no known or
anticipated adverse effect on the health of persons would occur, and
which allows an adequate margin of safety. MCLGs are to be non-enforcea-
ble health goals.

Subdivision 15 requires the commissioner to a establish a MCLG for each
emerging contaminant through regulation. When establishing a MCLG, the
commissioner will consider adverse health risks to sensitive subpopu-
lations. This subdivision sets parameters that the commissioner for when
a MCLG should be set at zero. If a chemical is carcinogenic and a safe
dose can be determined, the MCLG may be set a level above zero that is
safe. For non-carcinogenic chemicals that may cause adverse non-cancer
health effects, the MCLG may be set at a level based on the chemical's
reference dose. This section explains that a reference dose is an esti-
mate of the amount of chemical a person can be exposed to daily that is
not anticipated to cause adverse health effects over a lifetime.

Section 3(b) adds that where appropriate, the council shall recommend a
maximum contaminant level (MCL) and MCLG or removal of a contaminant
from the emerging contaminant list based on scientific evidence and
other relevant factors. It also allows the council to recommend a MCLG
for emerging contaminants that already have a MCL recommendation.

Section 4 states that this act shall take effect immediately.

 
JUSTIFICATION:

Parts m and r of chapter 57 of the laws of 2017 amended the public
health law by adding sections 1112 and 1113 requiring the commissioner
of the department of health to promulgate regulations regarding emerging
contaminants after recommendations from a new drinking water quality
council. An MCL is the maximum permissible level of a contaminant in
water which is delivered to a customer. An MCL is an enforceable drink-
ing water standard. An MCLG is the maximum level of a contaminant in
drinking water at which no known or anticipated adverse effect on the
health of persons would occur and which allows for an adequate margin of
safety. MCLGs are nonenforceable health goals. MCLGs provide important
information about emerging contaminants that can serve as a guide to
both the public, and public water suppliers. For example, members of the
public, especially parents of infants and children, the elderly, and
those with compromised immune systems and chronic diseases, may want to
consume only water that presents no known or anticipated adverse health
effects. Similarly, a public water supplier may want to provide water to
the public that presents no known or anticipated adverse health effects.
MCLs alone may not provide such guidance, where as MCLGs provide guid-
ance regarding these important health issues.  Under the federal Safe
Drinking Water Act, the United States Environmental Protection Agency is
required to establish an MCLG for each contaminant for which it estab-
lishes an MCL.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATION:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S2927 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2927
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 the  establishment
   of maximum contaminant level goals (MCLGs) for emerging contaminants
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 2 of section 1112 of the public health law  is
 amended by adding a new paragraph d to read as follows:
   D.  "MAXIMUM  CONTAMINANT LEVEL GOAL" OR "MCLG" SHALL MEAN THE MAXIMUM
 LEVEL OF A CONTAMINANT IN DRINKING WATER AT WHICH  NO  KNOWN  OR  ANTIC-
 IPATED  ADVERSE  EFFECT  ON THE HEALTH OF PERSONS WOULD OCCUR, AND WHICH
 ALLOWS AN ADEQUATE MARGIN OF SAFETY.   MAXIMUM CONTAMINANT  LEVEL  GOALS
 ARE NON-ENFORCEABLE HEALTH GOALS.
   § 2.  Section 1112 of the public health law is amended by adding a new
 subdivision 15 to read as follows:
   15.  THE  COMMISSIONER SHALL BY REGULATION ESTABLISH A MAXIMUM CONTAM-
 INANT LEVEL GOAL (MCLG) FOR EACH  EMERGING  CONTAMINANT  FOR  WHICH  THE
 COMMISSIONER  HAS  ESTABLISHED  A  MAXIMUM  CONTAMINANT  LEVEL AS OF THE
 EFFECTIVE DATE OF THIS SUBDIVISION AND FOR WHICH THE COMMISSIONER ESTAB-
 LISHES A MAXIMUM CONTAMINANT LEVEL AFTER  THE  EFFECTIVE  DATE  OF  THIS
 SUBDIVISION.   WHEN ESTABLISHING A MCLG, THE COMMISSIONER SHALL CONSIDER
 THE ADVERSE HEALTH RISK TO SENSITIVE SUB-POPULATIONS, INCLUDING INFANTS,
 CHILDREN, THE ELDERLY, AND THOSE WITH  COMPROMISED  IMMUNE  SYSTEMS  AND
 CHRONIC  DISEASES.  FOR MICROBIAL CONTAMINANTS THAT MAY PRESENT A PUBLIC
 HEALTH RISK, THE COMMISSIONER SHALL SET THE MCLG AT ZERO.  FOR  CHEMICAL
 CONTAMINANTS  THAT  ARE CARCINOGENS, THE COMMISSIONER SHALL SET THE MCLG
 AT ZERO IF BOTH OF THESE ELEMENTS ARE PRESENT:  (A)  THERE  IS  EVIDENCE
 THAT  A  CHEMICAL MAY CAUSE CANCER; AND (B) THERE IS NO DOSE BELOW WHICH
 THE CHEMICAL IS CONSIDERED SAFE.  IF A CHEMICAL IS  CARCINOGENIC  AND  A
 SAFE  DOSE  CAN  BE DETERMINED, THE COMMISSIONER SHALL SET THE MCLG AT A
 LEVEL ABOVE ZERO THAT IS SAFE.  FOR CHEMICAL CONTAMINANTS THAT ARE  NON-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06115-01-3

 S. 2927                             2
 
 CARCINOGENS BUT CAN CAUSE ADVERSE NON-CANCER HEALTH EFFECTS, THE COMMIS-
 SIONER  SHALL  SET  THE  MCLG BASED ON THE CHEMICAL'S REFERENCE DOSE.  A
 REFERENCE DOSE IS AN ESTIMATE OF THE AMOUNT OF A CHEMICAL THAT A  PERSON
 CAN  BE  EXPOSED  TO  ON  A DAILY BASIS THAT IS NOT ANTICIPATED TO CAUSE
 ADVERSE HEALTH EFFECTS OVER A LIFETIME.
   § 3.  Paragraph (b) of subdivision 5 of section  1113  of  the  public
 health law, as added by section 1 of part R of chapter 57 of the laws of
 2017, is amended to read as follows:
   (b)  a review of substances identified as emerging contaminants pursu-
 ant to section one thousand one hundred  twelve  of  this  title.  Where
 appropriate  the  council  shall  recommend either a maximum contaminant
 level (MCL) AND MAXIMUM CONTAMINANT LEVEL GOAL (MCLG), or the removal of
 the substance from the list of emerging contaminants, on  the  basis  of
 available  scientific evidence and any other relevant factors. THE COUN-
 CIL SHALL ALSO RECOMMEND A MCLG FOR EACH EMERGING CONTAMINANT FOR  WHICH
 IT HAS ALREADY RECOMMENDED AN MCL AS OF THE EFFECTIVE DATE OF THIS PARA-
 GRAPH;
   § 4.  This act shall take effect immediately.

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Senate Bill S2927

Sponsored By

Current Bill Status - In Senate Committee Health Committee

2023-S2927 (ACTIVE) - Details

2023-S2927 (ACTIVE) - Summary

2023-S2927 (ACTIVE) - Sponsor Memo

2023-S2927 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2927

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Sponsored By

Cordell Cleare

Current Bill Status - In Senate Committee Health Committee

2023-S2927 (ACTIVE) - Details

2023-S2927 (ACTIVE) - Summary

2023-S2927 (ACTIVE) - Sponsor Memo

2023-S2927 (ACTIVE) - Bill Text download pdf

Comments