In 2018, New York State enacted a Drug Take Back Act in response to environmental and public health concerns about improper disposal of unused drugs. Another enactment gave the Department of Health (DOH) greater discretion in enforcement actions against landlords that do not take adequate action to abate lead paint. Other new laws tinkered with legislation enacted in 2017 to protect drinking water and to promote clean energy and energy storage. In addition, Governor Andrew M. Cuomo signed laws concerning farmland and pollinator protection. In New York City, a styrofoam ban went into effect on Jan. 1 after courts rejected a challenge to city determinations underlying the prohibition.
This annual survey reports on these developments and other environmental laws enacted in 2018.
Drug Take Back Act
Many leftover drugs are flushed down the toilet, and some containing opioids are improperly used. In July, Governor Cuomo signed the Drug Take Back Act (ch. 120) requiring drug manufacturers to implement take back programs for "covered drugs." Take back programs must provide "convenient, ongoing collection services" and ensure access in rural and under-served areas. Manufacturers also must explain how covered drugs will be safely and securely tracked and handled from collection through final disposal and destruction. They also must reimburse the costs of pharmacies and other collectors.
Drinking Water
An October law amended 2017 legislation requiring establishment of emerging contaminant notification levels. The amended law requires DOH to make information about notification levels easily accessible through the DOH website (ch. 314). (On Dec. 18, the Drinking Water Quality Council took a step towards establishment of maximum contaminant levels (MCLs) for three emerging contaminants, 1,4-dioxane, perfluorooctanoic acid and perfluorooctanesulfonic acid.)
The 2018-19 budget legislation added specific requirements for annual reports by the Department of Environmental Conservation (DEC) on the solid waste mitigation and drinking water response programs established by the 2017-18 budget bill (ch. 58, part AA).
Other 2018 laws concerning water quality included an extension of a long-standing interest rate subsidy for municipal water pollution control projects financed through the Clean Water State Revolving Fund (ch. 250). Another law authorized Long Island local governments to enact laws requiring monitoring of groundwater impacts from mining or mine reclamation (ch. 298). Another law requires Long Island water purveyors and authorities with 10,000 or more customers to provide information on water usage to customers (ch. 470).
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Originally published in the New York Law Journal - January2019
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