1. Victor E. Pisani, Acting Director and Claudine Jones Rafferty, Field Coordination October 26, 2011

2. Legislative Updates Penalties Authorities - Counties Laws of 2011, Chapter 193 Amends PHL § 309Effective August 19, 2011 Raises and equates County penalty authority for general SSC violations to that of the State Increases the maximum penalties that a local board of health (BOH) may impose to $2,000.00/SSC violation, with following exceptions: Children’s Camps PHL 1395 (1) (b)$250.00/day PHL 1395 (7)$2000.00/violationPHH Only Public Water Systems (>5,000 population) & Mass Gatherings PHL 206 (4) (d)$25,000/violation/day

3. Legislative Updates Penalties Authorities – NYS DOH Laws of 2007, Chapter 602 Amends PHL §206 (4) (d) Effective August 15, 2007 Increases the maximum penalties that the NYS DOH may impose for SSC violations to $25,000.00/violation/day at: PWS serving more than 5,000 people Mass Gathering events Basis for Change: Mandated by EPA to Maintain Primacy Authority for PWSS Program Strengthen DOH Enforcement Authority for SSC Violations at Mass Gathering Events

4. Article 6/State Aid Updates Revised Program Guidance Individual Water & Sewer Realty Subdivisions Clarifications to eHIPS Reporting Follow up to 6/29/11 Field Memo Proposed Revisions to Part 40 Emergency Regulation – BERP Optionals Standard Regulation – BERP & BWSP

5. DOH Regulatory Updates Elimination of GORR Revocation of Executive Order #20, 1995 Effective March 31, 2011 Elimination of Regulatory Review Revocation of Executive Order # 25, 2009 Effective March 23, 2011 Creation of the Public Health & Health Planning Council (PHHPC) Consolidated the Public Health Council (PHC) and the State Hospital Review and Planning Council (SHRPC)

6. DOH Regulatory Updates Inclusion of a “Cure Period” Chapter 524 of the Laws of 2011 - Effective October 1, 2011 Amends the State Administrative Procedures Act (SAPA) Requires regulations that impose penalties to small business and localities to include a ‘cure period’ The ‘cure period’ provides the regulated party with an opportunity for corrective action responsive to the violation before penalties are imposed DOH regulations must include a cure period if applicable or explain in the Regulatory Flexibility Analysis (RFA) why it is not appropriate (e.g., poses a public health hazard)

7. Local Sanitary Code Amendments EHM ADM 9 Process for official filing of county and city sanitary codes Generally the same, but needs updating Requested Format for Submittals Electronic documents for review Redline/Blue line to expedite reviews Required Format for Filing Two (2) ‘Certified’ hard/paper copies for filing One (1) stamped/signed copy for CEH and one (1) county

8. Local Sanitary Code Amendments Certification Statement (example only) “The _______ County Board of Health at the regularly scheduled meeting of (date), adopted revisions/amendments to [can specify sections here] the Sanitary Code of the ______ County Health District as described below [or attach the revised code]. These amendments become effective on (date). Signed & Dated by Commissioner of Health/Public Health Director

9. Local Sanitary Code Amendments DOH Filing Letter “Disclaimers” PHL and SSC Consistency DOH legal and program review City/County responsibility to update and maintain local sanitary code with current applicable provisions of PHL & SSC Consider review by NYS DEC for consistency with Environmental Conservation Law (ECL)

10. Local Sanitary Code Amendments DOH Filing Letter “Disclaimers” Fees DOH review and filing does not constitute approval of any fees Certain fees are established by PHL and must be consistent: Realty Subdivision Plans (filing)PHL § 1119 Children’s Camps(permit)PHL § 1393 Tanning Facility (licensing)PHL § 3551 (inspection)PHL § 3554

11. Local Sanitary Code Amendments DOH Filing Letter “Disclaimers” Article 6/State Aid Inclusion of a public health program to local sanitary code does not guarantee eligibility of program activities for reimbursement under Article 6/State Aid Eligible program fees must be consistent with applicable fees established by law or statute

12. Training Updates SPH MOU Basic Environmental Health Program Summer 2011 Survey indicates need for two BEHP’s in 2012 Sanitary Survey Courses Cadmus Contract Extensions Expire 3/31/12 Future Delivery of SS Under CEH Evaluation Professional Engineering Training CEHD Meeting Presentations March 2011 CEHD Meeting Design/Plan Review Training (All DOH Regions)

13. Training Updates Fall 2011 Program Training Needs Survey 2009 Needs Survey will be updated to: Include new training course offerings Delete obsolete course offerings Will consider webinar delivery for training modules less than 3 hours Design/Plan Review Training Modules Can be cycled to offer different modules within a three year period

14. Questions?