DEC nominee Randy Bates says state is sampling drinking systems for PFAS; 12 exceedances found so far

Randy Bates, the governor’s nominee to lead the Department of Environmental Conservation, told senators March 23 that the department is actively implementing federal PFAS drinking-water requirements and assessing systems for contamination.

“I believe, is the detect limit at this point...we're in the process right now working with that federal drinking water rule,” Bates said, adding DEC has sampled “366 of those 612” public water systems and “we've recognized that there have been 12 systems that have an exceedance of that PFAS number.” He said DEC is working with affected system operators and using federal funds for sampling.

Bates framed his candidacy around three pillars: vigorous resource development under state management, states’ rights in environmental decisions, and restoring fish to rivers as a shorthand for healthy air, land and water. He said DEC must balance permitting for industries that rely on state permits with protecting environmental and human health.

On the broader Clean Water Act question, Bates told the committee that recent U.S. Supreme Court guidance narrowing the definition of “waters of the United States” (Sackett) may reduce the scope of any state 404 primacy program and that DEC is watching federal rulemaking before pursuing primacy.

Senators also asked whether commissioners must hold surety bonds; Bates said he had consulted Department of Law and was advised there is a statutory provision that can allow commissioners not to carry a surety bond and he believed he was not required to hold one.

During public testimony Ed Martin again urged statutory bond compliance for commissioners; Bates said he had sought legal advice and believed the law did not require him to have a bond.

No committee vote was recorded in the transcript; staff circulated a committee report noting Bates' appointment would be forwarded for signatures.