S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9069
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             September 5, 2025
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Health
 
 AN  ACT  to  amend  the  public  health law, in relation to enacting the
   drinking water protection act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 the "drinking water protection act".
   § 2. The section heading of section 1100 of the public health  law  is
 amended and a new subdivision 6 is added to read as follows:
   [Rules]  WATERSHED RULES and regulations [of the department]; ADOPTION
 AND ENFORCEMENT.
   6.  (A)  A  SUPPLIER  MAY DRAFT WATERSHED RULES AND REGULATIONS. AFTER
 NOTICE AND HEARING THE DEPARTMENT OF  HEALTH  MAY  APPROVE,  MODIFY,  OR
 PROMULGATE SUCH RULES, WHICH SHALL HAVE THE FORCE OF LAW WHEN FILED WITH
 THE DEPARTMENT AND PUBLISHED AS REQUIRED.
   (B)  AS  USED  IN THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (I) "WATERSHED" MEANS ALL LAND THAT DRAINS TO A DRINKING WATER  SOURCE
 USED BY A SUPPLIER.
   (II) "WATERSHED RULE AND REGULATION" MEANS A LOCALLY APPLICABLE ENACT-
 MENT  ADOPTED  OR  APPROVED  UNDER  THIS  SECTION THAT GOVERNS LAND USE,
 ACTIVITIES, OR DISCHARGES WITHIN THE DRAINAGE AREA OF A PUBLIC  DRINKING
 WATER  SOURCE  FOR  THE PURPOSE OF PREVENTING CONTAMINATION OR OTHERWISE
 PROTECTING WATER QUALITY.
   (III) "EMERGING CONTAMINANT" MEANS, BUT SHALL NOT BE LIMITED TO,  PER-
 AND  POLYFLUOROALKYL  SUBSTANCES,  PHARMACEUTICALS,  MICROPLASTICS,  AND
 CYANOTOXINS.
   (IV) "SUPPLIER" MEANS A  CITY,  VILLAGE,  AUTHORITY,  WATER  DISTRICT,
 JOINTLY  OWNED  WATER-WORKS,  OR  ANY MUNICIPALITY OR WATER-WORKS CORPO-
 RATION SUPPLYING POTABLE WATER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13558-05-5
              

 A. 9069                             2
 
   (C) A WATERSHED RULE AND REGULATION MAY,  AT  THE  DISCRETION  OF  THE
 SUPPLIER  AND  SUBJECT TO APPROVAL BY THE DEPARTMENT, ADDRESS ANY MATTER
 REASONABLY RELATED TO PROTECTION OF  A  PUBLIC  DRINKING  WATER  SOURCE,
 INCLUDING BUT NOT LIMITED TO:
   (I)  DELINEATION  OF  INTAKE OR WELLHEAD PROTECTION AREAS AND ACTIVITY
 RESTRICTIONS THEREIN;
   (II)  REASONABLE  STANDARDS  FOR  RESIDENTIAL  ACTIVITIES  WITHIN  THE
 WATERSHED,   INCLUDING   LIMITATIONS   ON   FERTILIZER  APPLICATION  AND
 INSPECTION, MAINTENANCE, REPAIR OR  REPLACEMENT  OF  ON-SITE  WASTEWATER
 TREATMENT  SYSTEMS,  WHERE SUCH ACTIVITIES OCCUR WITHIN TWO HUNDRED FEET
 OF A SURFACE WATER BODY, WATERCOURSE, OR WETLAND DRAINING  TO  A  PUBLIC
 DRINKING WATER INTAKE OR WELLHEAD. SUCH STANDARDS MAY ESTABLISH ACCEPTA-
 BLE  NUTRIENT APPLICATION RATES, SEASONAL RESTRICTIONS, AND BEST MANAGE-
 MENT PRACTICES CONSISTENT WITH STATE GUIDANCE, AND MAY REQUIRE  PERIODIC
 INSPECTION  AND  PUMP-OUT  OF  SEPTIC SYSTEMS AT INTERVALS NOT TO EXCEED
 FIVE YEARS;
   (III) MANAGEMENT OF NUTRIENTS, LIVESTOCK ACCESS, AND MANURE OR  FERTI-
 LIZER APPLICATION TO PREVENT IMPAIRMENTS OF PUBLIC DRINKING WATER;
   (IV) STORM WATER, EROSION CONTROL AND POST-CONSTRUCTION RUN-OFF STAND-
 ARDS  CONSISTENT  WITH  STATE  POLLUTANT  DISCHARGE  ELIMINATION  SYSTEM
 PERMITS;
   (V) STORAGE, HANDLING OR APPLICATION OF PETROLEUM  PRODUCTS,  CHLORIDE
 SALTS, HAZARDOUS SUBSTANCES OR EMERGING CONTAMINANTS;
   (VI)  INSPECTION,  PERMITTING  AND  ENFORCEMENT  MECHANISMS, INCLUDING
 RECORD KEEPING, ENTRY ONTO PROPERTY  AT  REASONABLE  TIMES,  NOTICES  OF
 VIOLATION,  COMPLIANCE SCHEDULES, STOP-WORK ORDERS AND CIVIL OR ADMINIS-
 TRATIVE PENALTIES; AND
   (VII) PUBLIC EDUCATION, BEST  MANAGEMENT  PRACTICE  PROGRAMS  AND  ANY
 OTHER  MEASURES  REASONABLY  RELATED  TO  PREVENTING  CONTAMINATION OF A
 PUBLIC DRINKING WATER SUPPLY.
   (D) WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS  SUBDIVISION  THE
 DEPARTMENT SHALL:
   (I) ISSUE AN UPDATED PROCEDURAL MANUAL DESCRIBING THE STEPS FOR DRAFT-
 ING, REVIEWING AND ADOPTING WATERSHED RULES AND REGULATIONS; AND
   (II)  PUBLISH  ON  ITS  WEBSITE  A MODEL FOR THE ADOPTION OF WATERSHED
 RULES AND REGULATIONS, INCLUDING  SAMPLE  POLICIES  AND  A  PROCESS  FOR
 ENGAGING RELATED STAKEHOLDERS.
   (E)  (I)  ANY  SUPPLIER WHOSE EXISTING WATERSHED RULES AND REGULATIONS
 HAVE NOT BEEN UPDATED SINCE TWO THOUSAND SEVENTEEN  SHALL  UPDATE  THEIR
 WATERSHED  RULES  AND  REGULATIONS  NO  LATER THAN FIVE YEARS AFTER THIS
 SUBDIVISION SHALL HAVE TAKEN EFFECT OR SHALL SUBMIT CERTIFICATION TO THE
 DEPARTMENT THAT NO SUCH UPDATE IS NEEDED.
   (II) THE DEPARTMENT SHALL APPROVE, MODIFY OR DISAPPROVE A DRAFT WITHIN
 TWELVE MONTHS OF RECEIPT. THE DEPARTMENT'S FAILURE TO  ACT  WITHIN  THAT
 PERIOD CONSTITUTES APPROVAL.
   (III)  IF  THE  DEPARTMENT  DISAPPROVES  A  DRAFT,  IT SHALL STATE THE
 REQUIRED CHANGES WITH SPECIFICITY AND SHALL ACT ON A RESUBMISSION WITHIN
 SIX MONTHS.
   (F) THE DEPARTMENT SHALL REVIEW EACH WATERSHED RULE AND REGULATION  AT
 LEAST  ONCE  EVERY  TEN  YEARS TO DETERMINE WHETHER REVISIONS ARE NEEDED
 CONSIDERING NEW CONTAMINANTS, CLIMATE IMPACTS OR ADVANCES IN WATER QUAL-
 ITY SCIENCE.
   (G) BEFORE APPROVING OR ADOPTING A WATERSHED RULE  OR  REGULATION  THE
 DEPARTMENT  SHALL  CONSULT  WITH  THE SUPPLIER, AFFECTED MUNICIPALITIES,
 SOIL AND WATER CONSERVATION DISTRICTS,  AGRICULTURAL  ORGANIZATIONS  AND
 A. 9069                             3
 
 WATERSHED  ADVOCACY  GROUPS  AND  SHALL HOLD AT LEAST ONE PUBLIC HEARING
 WITHIN THE WATERSHED.
   (H)  THE  DEPARTMENT,  ANY  SUPPLIER WITH AN ADOPTED WATERSHED RULE OR
 REGULATION, OR THEIR AUTHORIZED DESIGNEE, MAY, AT REASONABLE  TIMES  AND
 UPON  PRIOR NOTICE OF AT LEAST TWENTY-FOUR HOURS WHEN PRACTICABLE, ENTER
 NON-RESIDENTIAL PROPERTY WITHIN THE WATERSHED FOR THE LIMITED PURPOSE OF
 INSPECTING FOR COMPLIANCE WITH  APPLICABLE  WATERSHED  RULES  AND  REGU-
 LATIONS.  ENTRY  SHALL  BE  LIMITED  TO  AREAS REASONABLY RELATED TO THE
 INSPECTION PURPOSES AND SHALL NOT INCLUDE ACCESS TO DWELLINGS OR  CURTI-
 LAGE.  ANY  DESIGNEE  SHALL  BE ACTING UNDER THE DIRECT OVERSIGHT OF THE
 DEPARTMENT  OR  SUPPLIER  AND  SHALL  BE  QUALIFIED  TO   CONDUCT   SUCH
 INSPECTIONS.
   (I)  (I)  THE  DEPARTMENT  OR  THE  ATTORNEY GENERAL MAY BRING A CIVIL
 ACTION SEEKING A PENALTY OF UP TO FIVE HUNDRED DOLLARS FOR EACH  DAY  OF
 VIOLATION OF A WATERSHED RULE OR REGULATION.
   (II)  A  WATERSHED  RULE  OR  REGULATION MAY AUTHORIZE THE SUPPLIER TO
 ASSESS AND COLLECT CIVIL PENALTIES FOR  VIOLATIONS,  PROVIDED  THAT  ANY
 SUCH  PENALTY  SHALL  NOT EXCEED FIVE HUNDRED DOLLARS A DAY AND SHALL BE
 RECOVERABLE EITHER IN A CIVIL ACTION OR THROUGH AN ADMINISTRATIVE  PROC-
 ESS ESTABLISHED IN THE WATERSHED RULE OR REGULATION.
   (J) THE SUPPLIER OR SUPPLIERS OR ANY MUNICIPALITY WITHIN THE WATERSHED
 HAS STANDING TO SEEK JUDICIAL RELIEF TO COMPEL THE DEPARTMENT TO PERFORM
 ANY NON-DISCRETIONARY DUTY IMPOSED BY THIS SUBDIVISION.
   (K)  THE DEPARTMENT SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR, THE
 TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND  THE
 MINORITY  LEADERS  OF  THE SENATE AND ASSEMBLY THAT LISTS WATERSHED RULE
 AND REGULATION ADOPTIONS OR REVISIONS COMPLETED DURING  THE  PRIOR  YEAR
 AND SUMMARIZES ENFORCEMENT ACTIONS AND WATER QUALITY TRENDS.
   (L)  THE  DEPARTMENT  MAY ADOPT REGULATIONS NECESSARY TO IMPLEMENT AND
 ENFORCE THIS SUBDIVISION.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  4. This act shall take effect one year after it shall have become a
 law.