N.Y. Public Health Law § 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.