Bill Text: NY S08764 | 2021-2022 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-05-31 - COMMITTEE DISCHARGED AND COMMITTED TO RULES [S08764 Detail]

Download: New_York-2021-S08764-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8764

                    IN SENATE

                                     April 13, 2022
                                       ___________

        Introduced  by Sen. GAUGHRAN -- 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:

     1    Section 1.  Subdivision 2 of section 1112 of the public health law  is
     2  amended by adding a new paragraph d to read as follows:
     3    d.  "Maximum  contaminant level goal" or "MCLG" shall mean the maximum
     4  level of a contaminant in drinking water at which  no  known  or  antic-
     5  ipated  adverse  effect  on the health of persons would occur, and which
     6  allows an adequate margin of safety.   Maximum contaminant  level  goals
     7  are non-enforceable health goals.
     8    § 2.  Section 1112 of the public health law is amended by adding a new
     9  subdivision 15 to read as follows:
    10    15.  The  commissioner shall by regulation establish a maximum contam-
    11  inant level goal (MCLG) for each  emerging  contaminant  for  which  the
    12  commissioner  has  established  a  maximum  contaminant  level as of the
    13  effective date of this subdivision and for which the commissioner estab-
    14  lishes a maximum contaminant level after  the  effective  date  of  this
    15  subdivision.   When establishing a MCLG, the commissioner shall consider
    16  the adverse health risk to sensitive sub-populations, including infants,
    17  children, the elderly, and those with  compromised  immune  systems  and
    18  chronic  diseases.  For microbial contaminants that may present a public
    19  health risk, the commissioner shall set the MCLG at zero.  For  chemical
    20  contaminants  that  are carcinogens, the commissioner shall set the MCLG
    21  at zero if both of these elements are present:  (a)  there  is  evidence
    22  that  a  chemical may cause cancer; and (b) there is no dose below which
    23  the chemical is considered safe.  If a chemical is  carcinogenic  and  a
    24  safe  dose  can  be determined, the commissioner shall set the MCLG at a
    25  level above zero that is safe.  For chemical contaminants that are  non-
    26  carcinogens but can cause adverse non-cancer health effects, the commis-
    27  sioner  shall  set  the  MCLG based on the chemical's reference dose.  A
    28  reference dose is an estimate of the amount of a chemical that a  person

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15309-01-2
        S. 8764                             2

     1  can  be  exposed  to  on  a daily basis that is not anticipated to cause
     2  adverse health effects over a lifetime.
     3    §  3.    Paragraph  (b) of subdivision 5 of section 1113 of the public
     4  health law, as added by section 1 of part R of chapter 57 of the laws of
     5  2017, is amended to read as follows:
     6    (b) a review of substances identified as emerging contaminants  pursu-
     7  ant  to  section  one  thousand  one hundred twelve of this title. Where
     8  appropriate the council shall recommend  either  a  maximum  contaminant
     9  level (MCL) and maximum contaminant level goal (MCLG), or the removal of
    10  the  substance  from  the list of emerging contaminants, on the basis of
    11  available scientific evidence and any other relevant factors. The  coun-
    12  cil  shall also recommend a MCLG for each emerging contaminant for which
    13  it has already recommended an MCL as of the effective date of this para-
    14  graph;
    15    § 4.  This act shall take effect immediately.