Bill Text: NY A00160 | 2021-2022 | General Assembly | Amended

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Bill Title: Relates to standards for and testing of potable water in school buildings; eliminates certain exemptions; sets minimum standards; permits building aid for remediation measures.

Spectrum: Partisan Bill (Democrat 54-2)

Status: (Introduced - Dead) 2021-06-09 - substituted by s2122a [A00160 Detail]

Download: New_York-2021-A00160-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         160--B

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced by M. of A. GOTTFRIED, DINOWITZ, MAGNARELLI, SIMON, ABINANTI,
          EPSTEIN,  DE LA ROSA, SEAWRIGHT, THIELE, WILLIAMS, COLTON, CYMBROWITZ,
          TAYLOR, ABBATE, BARRON, STECK, L. ROSENTHAL,  JACOBSON,  ASHBY,  McDO-
          NOUGH,  GALEF,  GRIFFIN,  LUPARDO,  WEPRIN,  ZEBROWSKI, BRONSON, FAHY,
          BURDICK, CLARK, PAULIN, PERRY, HEVESI, ROZIC, McMAHON, BARNWELL, McDO-
          NALD, QUART, OTIS, O'DONNELL, REYES,  STERN,  GONZALEZ-ROJAS,  STIRPE,
          RICHARDSON,  BRAUNSTEIN,  MAMDANI  --  Multi-Sponsored  by -- M. of A.
          ENGLEBRIGHT -- read once and referred to the Committee  on  Health  --
          reported  and referred to the Committee on Ways and Means -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- again reported from said  committee  with  amend-
          ments, ordered reprinted as amended and recommitted to said committee

        AN  ACT  to  amend  the public health law, in relation to school potable
          water testing

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 1110 of the public health law, as added by chapter
     2  296 of the laws of 2016, is amended to read as follows:
     3    § 1110. School potable water testing and standards. 1. In addition  to
     4  school districts already classified as a public water system under parts
     5  141  and  142  of  title  40 of the code of federal regulations, as such
     6  regulations may, from time to time, be amended,  every  school  district
     7  and  board  of cooperative educational services shall conduct [periodic]
     8  triennial first-drawn tap testing of potable water  systems  to  monitor
     9  for lead contamination in each occupied school building under its juris-
    10  diction as required by regulations promulgated pursuant to this section.
    11  The  testing shall be conducted and the results analyzed by an entity or
    12  entities approved by the commissioner.
    13    2. Where a finding of lead contamination is made, the affected  school
    14  district  shall:  (a) continue first-drawn tap water testing pursuant to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00523-06-1
        A. 160--B                           2

     1  regulations promulgated pursuant to this  section;  (b)  provide  school
     2  occupants with an adequate supply of safe, free to the school occupants,
     3  potable  water  for drinking as required by rules and regulations of the
     4  department  until  future  tests  indicate lead levels pursuant to regu-
     5  lations promulgated pursuant to this section; and (c) provide parents or
     6  persons in parental relation to a child attending said school with writ-
     7  ten notification of test results [as well as posting such  test  results
     8  on the school district's website].
     9    3. [First-drawn tap testing shall not be required for school buildings
    10  that  have  been  deemed  "lead-free"  as defined by section 1417 of the
    11  federal safe drinking water act.
    12    4.] The commissioner, in consultation with the commissioner of  educa-
    13  tion,  shall  promulgate regulations to carry out the provisions of this
    14  section. Notwithstanding any other provision of law to the contrary, the
    15  regulations promulgated with regard to lead levels shall  be  consistent
    16  with  the requirements for those school districts classified as a public
    17  water system under parts 141 and 142 of title 40 of the code of  federal
    18  regulations  as  such  regulations  may,  from time to time, be amended;
    19  provided, however, that the lead action level is exceeded if the concen-
    20  tration of lead is greater than 0.005 milligrams per liter.
    21    [5. The commissioner may grant a waiver from the testing  requirements
    22  of  this section for certain school buildings, provided that, the school
    23  district has substantially complied with the  testing  requirements  and
    24  has  been  found  to  be  below lead levels as determined by regulations
    25  promulgated pursuant to this section for such buildings.
    26    6.] 4. Each school  district  and  board  of  cooperative  educational
    27  services  conducting testing pursuant to subdivision one of this section
    28  and each school district classified as a public water system under parts
    29  141 and 142 of title 40 of the code  of  federal  regulations,  as  such
    30  regulations may, from time to time, be amended, shall make a copy of the
    31  results  of all such testing, including laboratory reports, and any lead
    32  remediation plans available to the public on its website and  any  addi-
    33  tional  means  as  chosen by such district. A copy of the results of all
    34  testing shall also be immediately  transmitted  to  the  department  and
    35  state  education  department in a format to be determined by the commis-
    36  sioner and to the county department of health in the local  jurisdiction
    37  of  the  school  building. The commissioner of education, in conjunction
    38  with the commissioner, shall publish a report  [biennially]  triennially
    39  based  on the findings from the tap water testing conducted according to
    40  the provisions of this section. Such report shall be sent to the commis-
    41  sioner, the governor, the temporary president of  the  senate,  and  the
    42  speaker  of the assembly and shall be made available on the department's
    43  and state education department's websites.
    44    5. Expenses for remediation under this  section  and  any  regulations
    45  promulgated  thereto shall be fully reimbursable from funds appropriated
    46  through the department of environmental  conservation  for  clean  water
    47  infrastructure projects.
    48    §  2. This act shall take effect one year after it shall have become a
    49  law.  Effective immediately the commissioner of health  may  make  regu-
    50  lations and take other actions necessary to implement this act.