Bill Text: NY A09955 | 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 1-0)

Status: (Introduced - Dead) 2022-04-19 - referred to health [A09955 Detail]

Download: New_York-2021-A09955-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9955

                   IN ASSEMBLY

                                     April 19, 2022
                                       ___________

        Introduced by M. of A. THIELE -- read once and referred 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
        A. 9955                             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.