Create Water Safety Panel

Section 1. Article 2 of the public health law is amended by adding a new title VII to read as follows:

TITLE VII

DRINKING WATER QUALITY

INSTITUTE Section 267. Drinking water quality institute; established.

§ 267. Drinking water quality institute; established. 1. There shall be established, within the department, the drinking water quality institute. Such institute shall be composed of seventeen members as follows:

(a) the commissioner;

(b) the commissioner of environmental conservation;

(c) the director of the office of remediation and materials with the department of environmental conservation;

(d) the director of the office of water resources within the department of environmental conservation;

(e) the director of the center for environmental health within the department;

(f) the director of the bureau of occupational health and injury prevention within the department;

(g) the director of the bureau of water supply protection within the department;

(h) the director of the watershed protection and partnership councils within the department of state;

(i) three members appointed by the governor;

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

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(j) three members appointed by the temporary president of the senate; and

(k) three members appointed by the speaker of the assembly.

2. (a) Of the members appointed to the drinking water quality institute, the governor, temporary president of the senate and the speaker of the assembly shall each appoint:

(i) one member who represents water purveyors, of which one appointing authority shall appoint a representative of water purveyors whose primary water source is an underground source or sources;

(ii) one member who represents the academic scientific community; and

(iii) one member representing the public, who has a background in environmental health issues.

(b) The members of such institute appointed pursuant to paragraphs (i), (j) and (k) of subdivision one of this section shall serve terms of three years; provided, however, that of the initial appointments:

(i) the water purveyor representative appointed by the governor, the academic scientific representative appointed by the temporary president of the senate and the public representative appointed by the speaker of the assembly shall serve initial terms of one year;

(ii) the public representative appointed by the governor, the water purveyor representative appointed by the temporary president of the senate and the academic scientific representative appointed by the speaker of the assembly shall serve initial terms of two years;

(iii) the remaining appointed members shall serve initial terms of three years.

(c) The members appointed pursuant to paragraphs (i), (j) and (k) of subdivision one of this section shall each serve his or her term of office or until his or her successor is appointed; provided that any vacancy in the position of an appointed member shall be filled in the same manner as the original appointment and only for the unexpired term of the vacancy. Provided, further, that any appointed member of the drinking water quality institute may be removed for cause by his or her appointing authority after a public hearing.

3. The members of the drinking water quality institute shall receive no compensation for their services, but shall be allowed their actual and necessary expenses incurred in the performance of their duties pursuant to this title.

4. The drinking water quality institute shall meet at such times and places as may be determined by its chair, who shall be elected from the membership of such institute by a majority of the members. The institute shall meet at a minimum of biannually. A majority of the members of such institute shall constitute a quorum for the transaction of business. Action may be taken, and motions and resolutions adopted at any meeting by the affirmative vote of a majority of the full membership of the institute.

5. The institute shall make recommendations to the department relating to:

(a) developing a list of contaminants for which testing shall be required by all public water systems, which shall include both supplies serving populations of ten thousand and less and populations of ten thousand or more;

(b) developing maximum contaminant levels for unregulated contaminants;

(c) conducting scientific studies or scientific based research, as well as conducting public outreach;

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(d) establishing a clear notification process for municipalities and state agencies dealing with water quality issues, when there are actual or potential unregulated contaminate threats including, but not limited to, clear and concise documents to be utilized when notifying the public;

(e) developing appropriate testing techniques to measure maximum contaminant levels;

(f) developing the frequency with which testing should occur;

(g) ensuring state officials are aware of the most up-to-date research and science regarding water quality and contaminants;

(h) working with other state agencies and the federal government to ensure funds are available and accessible, parties known to be responsible for the pollution are pursued, and remediation and cleanup projects occur in a timely manner; and

(i) anything else the department or the department of environmental conservation designates.

6. The drinking water quality institute shall be entitled to request and receive assistance, facilities and resources of any state, municipal department, board, commission or agency that may be required or are deemed necessary for the purposes of such institute.

7. The drinking water quality institute shall report to the legislature within one year of the initial convening of such institute and annually thereafter on its activities and recommendations.

§ 2. This act shall take effect immediately.