§ 1100-A — Fluoridation

New York § 1100-A

• Jurisdiction: New York
• Law PBH: Public Health
• Title 1: Potable Waters
• Art. 11: Public Water Supplies; Sewerage and Sewage Control

Text

§ 1100-a. Fluoridation. 1. Notwithstanding any contrary provision of\nlaw, rule, regulation or code, any county, city, town or village that\nowns both its public water system and the water supply for such system\nmay by local law provide whether a fluoride compound shall be added to\nsuch public water supply.\n 2. Any county, wherein a public authority owns both its public water\nsystem and the water supply for such system, may by local law provide\nwhether a fluoride compound shall be added to such public water supply.\n 3. No county, city, town or village, including a county wherein a\npublic authority owns both its public water system and the water supply\nfor such system, that fluoridates a public water supply or causes a\npublic water supply to be fluoridated, shall discontinue the addition of\na fluoride compound to such public water supply unless it has first\ncomplied with the following requirements:\n (a) issue a notice to the public of the preliminary determination to\ndiscontinue fluoridation for comment, which shall include the\njustification for the proposed discontinuance, alternatives to\nfluoridation available, and a summary of consultations with health\nprofessionals and the department concerning the proposed discontinuance.\nSuch notice may, but is not required to, include publication in local\nnewspapers. "Consultations with health professionals" may include formal\nstudies by hired professionals, informal consultations with local public\nhealth officials or other health professionals, or other consultations,\nprovided that the nature of such consultations and the identity of such\nprofessionals shall be identified in the public notice. "Alternatives to\nfluoridation" may include formal alternatives provided by or at the\nexpense of the county, city, town or village, or other alternatives\navailable to the public. Any public comments received in response to\nsuch notice shall be addressed by the county, city, town or village in\nthe ordinary course of business; and\n (b) provide the department at least ninety days prior written notice\nof the intent to discontinue and submit a plan for discontinuance that\nincludes but is not limited to the notice that will be provided to the\npublic, consistent with paragraph (a) of this subdivision, of the\ndetermination to discontinue fluoridation of the water supply, including\nthe date of such discontinuance and alternatives to fluoridation, if\nany, that will be made available in the community, and that includes\ninformation as may be required under the Sanitary Code.\n 4. The commissioner is hereby authorized, within amounts appropriated\ntherefor, to make grants to counties, cities, towns or villages that own\ntheir public water system and the water supply for such system,\nincluding a county wherein a public authority owns both its public water\nsystem and the water supply for such system, for the purpose of\nproviding assistance towards the costs of installation, including but\nnot limited to technical and administrative costs associated with\nplanning, design and construction, and start-up of fluoridation systems,\nand replacing, repairing or upgrading of fluoridation equipment for such\npublic water systems. Grant funding shall not be available for\nassistance towards the costs and expenses of operation of the\nfluoridation system, as determined by the department. The grant\napplications shall include such information as required by the\ncommissioner. In making the grant awards, the commissioner shall\nconsider the demonstrated need for installation of new fluoridation\nequipment or replacing, repairing or upgrading of existing fluoridation\nequipment, and such other criteria as determined by the commissioner.\nGrant awards shall be made on a competitive basis and be subject to such\nconditions as may be determined by the commissioner.\n