2023 New York Laws › PBH - Public Health › Article 11 - Public Water Supplies; Sewerage and Sewage Control › Title 1 - Potable Waters › 1100-A - Fluoridation.

§  1100-a.  Fluoridation. 1. Notwithstanding any contrary provision of
law, rule, regulation or code, any county, city, town  or  village  that
owns  both  its public water system and the water supply for such system
may by local law provide whether a fluoride compound shall be  added  to
such public water supply.
2.  Any  county, wherein a public authority owns both its public water
system and the water supply for such system, may by  local  law  provide
whether a fluoride compound shall be added to such public water supply.
3.  No  county,  city,  town  or village, including a county wherein a
public authority owns both its public water system and the water  supply
for  such  system,  that  fluoridates  a public water supply or causes a
public water supply to be fluoridated, shall discontinue the addition of
a fluoride compound to such public water  supply  unless  it  has  first
complied with the following requirements:
(a)  issue  a notice to the public of the preliminary determination to
discontinue  fluoridation  for  comment,   which   shall   include   the
justification   for   the   proposed   discontinuance,  alternatives  to
fluoridation available, and  a  summary  of  consultations  with  health
professionals and the department concerning the proposed discontinuance.
Such  notice  may,  but is not required to, include publication in local
newspapers. "Consultations with health professionals" may include formal
studies by hired professionals, informal consultations with local public
health officials or other health professionals, or other  consultations,
provided  that the nature of such consultations and the identity of such
professionals shall be identified in the public notice. "Alternatives to
fluoridation" may include formal alternatives  provided  by  or  at  the
expense  of  the  county,  city,  town or village, or other alternatives
available to the public. Any public comments  received  in  response  to
such  notice  shall be addressed by the county, city, town or village in
the ordinary course of business; and
(b) provide the department at least ninety days prior  written  notice
of  the  intent to discontinue and submit a plan for discontinuance that
includes but is not limited to the notice that will be provided  to  the
public,  consistent  with  paragraph  (a)  of  this  subdivision, of the
determination to discontinue fluoridation of the water supply, including
the date of such discontinuance and  alternatives  to  fluoridation,  if
any,  that  will  be  made available in the community, and that includes
information as may be required under the Sanitary Code.
4. The commissioner is hereby authorized, within amounts  appropriated
therefor, to make grants to counties, cities, towns or villages that own
their  public  water  system  and  the  water  supply  for  such system,
including a county wherein a public authority owns both its public water
system and the  water  supply  for  such  system,  for  the  purpose  of
providing  assistance  towards  the costs of installation, including but
not limited  to  technical  and  administrative  costs  associated  with
planning, design and construction, and start-up of fluoridation systems,
and replacing, repairing or upgrading of fluoridation equipment for such
public   water  systems.  Grant  funding  shall  not  be  available  for
assistance  towards  the  costs  and  expenses  of  operation   of   the
fluoridation   system,  as  determined  by  the  department.  The  grant
applications  shall  include  such  information  as  required   by   the
commissioner.  In  making  the  grant  awards,  the  commissioner  shall
consider the demonstrated need  for  installation  of  new  fluoridation
equipment  or replacing, repairing or upgrading of existing fluoridation
equipment, and such other criteria as determined  by  the  commissioner.
Grant awards shall be made on a competitive basis and be subject to such
conditions as may be determined by the commissioner.