Bill Text: NJ A1481 | 2018-2019 | Regular Session | Introduced
Bill Title: Increases membership of Drinking Water Quality Institute and responsibilities of DEP related to institute.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-09 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A1481 Detail]
Download: New_Jersey-2018-A1481-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblyman JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Increases membership of Drinking Water Quality Institute and responsibilities of DEP related to institute.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the Drinking Water Quality Institute and amending and supplementing P.L.1983, c.443.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 10 of P.L.1983, c.443 (C.58:12A-20) is amended to read as follows:
10. a. There is established in the department the Drinking Water Quality Institute. The institute shall comprise [15] 18 members as follows: the Commissioner of Environmental Protection, the Commissioner of Health, and the Chairman of the Water Supply Advisory Council, the Director of the Division of Water Resources in the department, the Director of the Office of Science and Research in the department, and the Director of the Office of Occupational and Environmental Health in the Department of Health, all of whom shall serve ex officio; and [nine] 12 appointed members, three of whom shall represent the water purveyors, at least one of which has as its primary water source an underground source; three of whom shall represent the academic scientific community [and]; three of whom, having professionally recognized academic qualifications and backgrounds in environmental health and safety issues shall represent the public [,] ; and three of whom, having professionally recognized academic qualifications and backgrounds in environmental health and safety issues, shall represent the commercial and industrial community , with one of each group of three set forth hereinbefore to be appointed by the Governor, the President of the Senate and the Speaker of the General Assembly. Of the members first appointed, three shall serve for terms of three years, three for terms of two years and three for terms of one year. Thereafter, all terms shall be for three years. Each member shall serve for the term of [his] appointment and until [his] a successor shall have been appointed and qualified. Any vacancy shall be filled in the same manner as the original appointment for the unexpired term only. Any member of the institute may be removed by the appointing authority, for cause, after public hearing.
b. Members of the institute shall serve without compensation, but the institute may, within the limits of funds appropriated or otherwise made available to it for such purposes, reimburse its members for necessary expenses incurred in the discharge of their official duties.
c. The institute shall meet at such times and places as may be determined by its [chairman] chairperson [, who]. The chairperson shall be designated by the Governor but shall not be one of the six ex officio members . A majority of the membership of the institute shall constitute a quorum for the transaction of business. Action may be taken and motions and resolutions adopted by the institute at any meeting by the affirmative vote of a majority of the full membership of the institute.
d. The institute shall make recommendations for the implementation of the Drinking Water Quality Program by the department. These recommendations shall consist of:
(1) The development of a list of contaminants for which testing shall be required;
(2) The development of maximum contaminant levels;
(3) The development of appropriate testing techniques to measure maximum contaminant levels;
(4) The development of testing frequencies;
(5) The review of all activities undertaken pursuant to the "Safe Drinking Water Act" and any amendments or supplements thereto.
e. The Drinking Water Quality Institute shall have the authority to call to its assistance and avail itself of the services of the employees of any State, county or municipal department, board, commission or agency that may be required and made available for such purposes.
(cf: P.L.1983, c.443, s.10)
2. (New section) Of the three members of the Drinking Water Quality Institute representing the commercial and industrial community first appointed pursuant to subsection a. of section 10 of P.L.1983, c.443 (C.58:12A-20), one shall serve for a term of three years, one for a term of two years, and one for a term of one year. Thereafter, all terms shall be for three years.
3. (New section) a. Prior to the initiation of any work related to the development of recommendations required pursuant to subsection d. of section 10 of P.L.1983, c.443 (C.58:12A-20), the Department of Environmental Protection, in consultation with the Drinking Water Quality Institute, shall develop, and make available to the public on its Internet website, a prioritized workplan, which shall include, but need not be limited to, the tasks, priorities, and a schedule or the dates of action and votes. The prioritized workplan shall be updated and disseminated at least on a semi-annual basis, and no later than two weeks after any changes are made to the workplan, including the priorities or dates of action and votes.
b. (1) Prior to the department adopting any chemical risk assessment, including any guidelines or policies for evaluating the toxicity of chemicals or health evaluation of a chemical that will be used in the regulatory process, the department shall first send out to the general public, via electronic correspondence and on the department's Internet website in addition to any other appropriate means, a call for information on the chemical or chemicals of concern. The length of time for any information to be submitted under the call for information shall be for no less than 30 days and may be extended at the discretion of the department. Any person may submit materials to the department during the call for information. The department may invite interested stakeholder groups to meet with the department to explain any data and materials submitted during the call for information period.
(2) The department shall review literature, data, and the information submitted by the public during the call for information period pursuant to paragraph (1) of this subsection, as well as all literature, data and information discovered or completed by the department, in a manner that assures reliance upon the best available science in making risk-based decisions. In its review, the department shall use a structured, transparent evaluative framework consisting of uniform, objective science-based criteria for systematically evaluating data relevance, quality and reliability, and shall place an emphasis on studies and submissions that comply with Good Laboratory Practice regulations and utilize peer review, standardized protocols, valid test methods, complete datasets, and other appropriate methods to ensure a high degree of scientific quality. The department shall use a consistent and transparent weight-of-the-evidence approach when it is necessary to integrate results from several studies. In determining study relevance, reliability and data quality, uniform criteria shall be applied, irrespective of the funding source or affiliation of the investigators. After the review, the department shall inform the public, via electronic correspondence and on the department's Internet website, if the department intends to proceed with the development of a draft chemical risk assessment.
(3) Upon the development of a draft chemical risk assessment, the department shall provide for a public comment period, of at least 30 days, prior to initiating any rulemaking procedure or adopting any chemical risk assessment, including any guidelines or policies for evaluating the toxicity of chemicals or health evaluation of a chemical that will be used in the regulatory process.
(4) If a draft chemical risk assessment is revised after a public comment period, pursuant to paragraph (3) of this subsection, the department shall:
(a) notify any person who submitted materials to the department during the call for information or the public comment period that the draft chemical risk assessment has been revised; and
(b) provide for a public comment period, of at least 30 days, for the public to review and comment on the revised draft chemical risk assessment.
The department may meet with interested stakeholder groups to address any questions related to the revised draft chemical risk assessment.
(5) In any case where a chemical risk assessment, including any guidelines or policies for evaluating the toxicity of chemicals or health evaluation of a chemical, is being proposed, developed, or prepared pursuant to any other law or rule or regulation, the requirements of this subsection shall not authorize a delay or postponement of any other responsibilities carried out by the department, or the institute as applicable, under such law or rule or regulation.
4. This act shall take effect immediately.
STATEMENT
This bill would change the membership and responsibilities of the Drinking Water Quality Institute (institute), by adding three members and establishing new requirements with regard to any chemical risk assessment adopted by the Department of Environmental Protection (DEP).
Under the bill, the institute would have 18 members instead of 15, with three new members who, having professionally recognized academic qualifications and backgrounds in environmental health and safety issues, would represent the commercial and industrial community.
Existing law requires the institute to make recommendations for the implementation of the Drinking Water Quality Program by the DEP, including: (1) the development of a list of contaminants for which testing is be required; (2) the development of maximum contaminant levels; (3) the development of appropriate testing techniques to measure maximum contaminant levels; (4) the development of testing frequencies; and (5) the review of all activities undertaken pursuant to the "Safe Drinking Water Act." This bill would place new requirements on the DEP related to the responsibilities of the institute.
The bill would require that, prior to the initiation of any work related to the development of recommendations by the institute, the DEP in consultation with the institute must develop, and make available to the public on its website, a prioritized workplan, which would include, but need not be limited to, the tasks, priorities, and a schedule or the dates of action and votes. The prioritized workplan would be updated and disseminated at least on a semi-annual basis, and no later than two weeks after any changes are made to the workplan.
This bill would also require the DEP to solicit information from the public and establish a public process prior to the DEP adopting any chemical risk assessment, including any guidelines or policies for evaluating the toxicity of chemicals, or health evaluation of a chemical that will be used in the regulatory process.
The bill provides that the DEP may invite interested stakeholder groups to meet with the DEP to explain any data and materials submitted during the call for information period.
During the call for information period, the DEP would be required to: use a structured, transparent evaluative framework consisting of uniform, objective science-based criteria for systematically evaluating data relevance, quality and reliability; place an emphasis on studies and submissions that comply with Good Laboratory Practice regulations; utilize peer review, standardized protocols, valid test methods, complete datasets, and other appropriate methods to ensure a high degree of scientific quality; and use a consistent and transparent weight-of-the-evidence approach when it is necessary to integrate results from several studies. In addition, when determining study relevance, reliability and data quality, the DEP is to apply uniform criteria, irrespective of the funding source or affiliation of the investigators.
The bill authorizes the DEP to meet with interested stakeholder groups to address any questions related to the revised draft chemical risk assessment, rather than requiring the DEP to hold a public hearing on the revised draft chemical risk assessment or to meet with interested stakeholders in order to respond to their concerns.
The requirements under this bill would not authorize a delay or postponement of any other responsibilities carried out by the DEP, or the institute as applicable, under any other law or rule or regulation.
