2023 New York Laws › PBH - Public Health › Article 11 - Public Water Supplies; Sewerage and Sewage Control › Title 1 - Potable Waters › 1113 - Drinking Water Quality Council; Established.

§ 1113. Drinking water quality council; established. 1. There shall be
established,  within the department, the drinking water quality council.
Such council shall be composed of twelve members as follows:
(a) the commissioner, or the commissioner's designee, who shall be the
chair of the council;
(b) the commissioner of environmental conservation or designee;
(c) a designee of the commissioner of environmental conservation  with
expertise in water resources;
(d)  a  designee of the commissioner with expertise in drinking water;
and
(e) eight members appointed by the governor,  two  of  whom  shall  be
recommended  by  the  temporary  president of the senate, and two by the
speaker of the assembly.
2. (a) Of the four members appointed to  the  drinking  water  quality
council and recommended by the temporary president of the senate and the
speaker  of  the assembly, the temporary president of the senate and the
speaker of the assembly shall each recommend:
(i) one member who represents water purveyors; and
(ii) one member representing the  public,  who  has  a  background  or
expertise in toxicology or health risk assessment.
(b)  Of  the  four  additional members appointed to the drinking water
quality council, the governor shall appoint:
(i) one member who represents water purveyors;
(ii) one member who has a background or  expertise  in  toxicology  or
health risk assessment;
(iii)  one  member  who has a background or expertise in microbiology;
and
(iv) one member who has a background  or  expertise  in  environmental
engineering.
(c) The members of such council appointed pursuant to paragraph (e) of
subdivision one of this section shall serve terms of two years.
(d) The members appointed pursuant to paragraph (e) 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.
3.  The members of the drinking water quality council 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 council shall meet  at  such  times  and
places  as  may  be determined by its chair. The council shall meet at a
minimum of two times per year. All meetings shall be open to the  public
pursuant  to article seven of the public officers law. A majority of the
members of such council 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 council.
5.  The  council shall make recommendations to the department relating
to:
(a) those contaminants, which the  department  may  list  as  emerging
contaminants pursuant to section one thousand one hundred twelve of this
title.
(i)  In  determining  what substances shall be recommended as emerging
contaminants the council shall, at a minimum, consider:
A. unregulated contaminants monitored pursuant  to  the  federal  Safe
Drinking Water Act (42 USC § 300g-1) as amended from time to time;
B.  substances  that  require regulation or monitoring when present in
drinking water in other jurisdictions outside the state of New York;
C.  pesticide  chemicals  for  which  the  United States environmental
protection agency has set human health benchmarks for drinking water;
D. substances found at sites in remedial programs located  inside  and
outside  the  state  of  New York, including but not limited to inactive
hazardous waste sites; and
E. waterborne pathogens and microbiological contaminants.
(ii) The  council  shall  recommend  a  notification  level  for  each
recommended emerging contaminant.
(iii)  The council shall recommend timeframes and frequencies in which
testing should be required for the  recommended  emerging  contaminants,
allowing  for  variation  based  on  circumstances such as the source of
water, the region and size of the water system.
(iv) The council shall provide the department with its first  list  of
recommended  emerging contaminants and corresponding notification levels
for which testing shall be required no later  than  one  year  from  the
initial  meeting  of  the council, and the council shall update the list
and recommend notification levels annually thereafter;
(b)  a  review  of  substances  identified  as  emerging  contaminants
pursuant to section one thousand one hundred twelve of this title. Where
appropriate  the  council  shall  recommend either a maximum contaminant
level (MCL), or the removal of the substance from the list  of  emerging
contaminants,  on  the  basis  of  available scientific evidence and any
other relevant factors;
(c) the form and content of public notifications  issued  pursuant  to
section one thousand one hundred twelve of this title;
(d)  working  with  other state agencies and the federal government to
ensure  funds  are  available  and  accessible,  parties  known  to   be
responsible  for contamination are pursued, and mitigation, remediation,
and cleanup projects occur in a timely manner;
(e) the development of educational materials  regarding  private  well
water testing;
(f)  the  appropriate  use  of,  and methods and manner of conducting,
biomonitoring and biomonitoring studies;
(g) the inclusion of information on the online  tracking  and  mapping
system  established  in section 3-0315 of the environmental conservation
law; and
(h) anything else the department or the  department  of  environmental
conservation designates.
6. The drinking water quality council shall be entitled to request and
receive   information  from  any  state,  municipal  department,  board,
commission or agency that may be required or are  deemed  necessary  for
the  purposes  of  such  council, including but not limited to all water
information and annual reports  the  department  has  relating  to  both
public and private water supplies.
7.  Before  the council advances any recommendation to the department,
the council shall provide an  opportunity  for  public  and  stakeholder
comments.  Final  recommendations  of the council shall be posted on the
department's website within thirty days after the  council  adopts  such
recommendations.