New York A 9069: Enacts the drinking water protection act

Bill Text

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A09069 Summary:

BILL NOA09069 

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SAME ASSAME AS S08486

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SPONSORKelles

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COSPNSR

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MLTSPNSR

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Amd §1100, Pub Health L

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Enacts the drinking water protection act, relating to the adoption and enforcement of watershed rules and regulations for the purpose of protecting water quality.

Go to top A09069 Actions:

BILL NOA09069 

&nbsp

09/05/2025referred to health

01/07/2026referred to health

Go to topA09069 Committee&nbspVotes:

Go to topA09069 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA09069 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9069

 2025-2026 Regular Sessions

 IN ASSEMBLY

 September 5, 2025
 ___________

 Introduced by M. of A. KELLES -- read once and referred to the Committee
 on Health

 AN ACT to amend the public health law, in relation to enacting the
 drinking water protection act

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "drinking water protection act".
 3 § 2. The section heading of section 1100 of the public health law is
 4 amended and a new subdivision 6 is added to read as follows:
 5 [Rules] Watershed rules and regulations [of the department]; adoption
 6 and enforcement.
 7 6. (a) A supplier may draft watershed rules and regulations. After
 8 notice and hearing the department of health may approve, modify, or
 9 promulgate such rules, which shall have the force of law when filed with
 10 the department and published as required.
 11 (b) As used in this subdivision, the following terms shall have the
 12 following meanings:
 13 (i) "Watershed" means all land that drains to a drinking water source
 14 used by a supplier.
 15 (ii) "Watershed rule and regulation" means a locally applicable enact-
 16 ment adopted or approved under this section that governs land use,
 17 activities, or discharges within the drainage area of a public drinking
 18 water source for the purpose of preventing contamination or otherwise
 19 protecting water quality.
 20 (iii) "Emerging contaminant" means, but shall not be limited to, per-
 21 and polyfluoroalkyl substances, pharmaceuticals, microplastics, and
 22 cyanotoxins.
 23 (iv) "Supplier" means a city, village, authority, water district,
 24 jointly owned water-works, or any municipality or water-works corpo-
 25 ration supplying potable water.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13558-05-5

 A. 9069 2

 1 (c) A watershed rule and regulation may, at the discretion of the
 2 supplier and subject to approval by the department, address any matter
 3 reasonably related to protection of a public drinking water source,
 4 including but not limited to:
 5 (i) delineation of intake or wellhead protection areas and activity
 6 restrictions therein;
 7 (ii) reasonable standards for residential activities within the
 8 watershed, including limitations on fertilizer application and
 9 inspection, maintenance, repair or replacement of on-site wastewater
 10 treatment systems, where such activities occur within two hundred feet
 11 of a surface water body, watercourse, or wetland draining to a public
 12 drinking water intake or wellhead. Such standards may establish accepta-
 13 ble nutrient application rates, seasonal restrictions, and best manage-
 14 ment practices consistent with state guidance, and may require periodic
 15 inspection and pump-out of septic systems at intervals not to exceed
 16 five years;
 17 (iii) management of nutrients, livestock access, and manure or ferti-
 18 lizer application to prevent impairments of public drinking water;
 19 (iv) storm water, erosion control and post-construction run-off stand-
 20 ards consistent with state pollutant discharge elimination system
 21 permits;
 22 (v) storage, handling or application of petroleum products, chloride
 23 salts, hazardous substances or emerging contaminants;
 24 (vi) inspection, permitting and enforcement mechanisms, including
 25 record keeping, entry onto property at reasonable times, notices of
 26 violation, compliance schedules, stop-work orders and civil or adminis-
 27 trative penaltie