Bill Text: NY S00045 | 2013-2014 | General Assembly | Amended
Bill Title: Provides for annual school lead-copper tap water testing; requires the publishing of reports of contamination and abatement of such contamination; requires school districts to provide potable water to school children attending affected schools; exempts those schools built without use of lead piping and those schools where a finding of no contamination has been made for three consecutive years.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-23 - PRINT NUMBER 45A [S00045 Detail]
Download: New_York-2013-S00045-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 45--A 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law and the education law, in relation to the water dispensed within public schools THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The public health law is amended by adding a new section 2 1110 to read as follows: 3 S 1110. REPORT. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER 4 OF EDUCATION, SHALL CAUSE TO BE PREPARED AND SHALL PUBLISH A REPORT 5 BASED ON ANY FINDINGS FROM THE ANNUAL LEAD-COPPER TAP WATER TESTING 6 CONDUCTED AT THE DIRECTION OF THE COMMISSIONER OF EDUCATION PURSUANT TO 7 THE PROVISIONS OF SECTION FOUR HUNDRED NINE-L OF THE EDUCATION LAW. SUCH 8 REPORT SHALL BE SENT TO THE COMMISSIONER OF EDUCATION AND SHALL BE MADE 9 AVAILABLE TO THE PARENTS AND PERSONS IN PARENTAL RELATION OF ANY CHILD 10 ATTENDING THE AFFECTED SCHOOL DISTRICT PURSUANT TO THE PROVISIONS OF 11 SUCH SECTION FOUR HUNDRED NINE-L. 12 S 2. Subdivision 1 of section 1102 of the public health law, as 13 amended by chapter 655 of the laws of 1978, is amended to read as 14 follows: 15 1. If any inspection discloses a violation of any rule or regulation 16 promulgated pursuant to section one thousand one hundred of this [chap- 17 ter] TITLE relating to a temporary or permanent source or act of contam- 18 ination OR A FINDING OF CONTAMINATION PURSUANT TO SECTION FOUR HUNDRED 19 NINE-L OF THE EDUCATION LAW, the person, officer, board, or commission 20 having the management and control of the potable water supply of the 21 municipality, state or United States institution, park, reservation or EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01091-02-4 S. 45--A 2 1 post, and in the city of New York, the commissioner of environmental 2 protection, and the board of water supply of the city of New York, or 3 the corporation furnishing such supply shall cause a copy of the rule or 4 regulation violated to be served upon the person violating the same, 5 with a notice of such violation. If the person served does not comply 6 immediately with the rule or regulation violated, such person, officer, 7 board, corporation or commission, except in a case concerning the 8 violation of a rule or regulation relating to a temporary or permanent 9 source or act of contamination affecting the potable water supply of the 10 city of New York, shall notify the department of the violation. 11 S 3. The education law is amended by adding a new section 409-l to 12 read as follows: 13 S 409-L. SCHOOL LEAD-COPPER TAP WATER TESTING. 1. THE COMMISSIONER, 14 IN CONJUNCTION WITH THE COMMISSIONER OF HEALTH, SHALL REQUIRE SCHOOL 15 DISTRICTS TO CONDUCT AN ANNUAL SCHOOL LEAD-COPPER TAP WATER TESTING TO 16 MONITOR FOR LEAD CONTAMINATION IN EACH SCHOOL BUILDING IN SUCH DISTRICT. 17 EACH SCHOOL DISTRICT SHALL PROVIDE THE RESULTS OF SUCH TESTING TO THE 18 COMMISSIONER. THE COMMISSIONER SHALL TRANSMIT A COPY OF SUCH RESULTS TO 19 THE COMMISSIONER OF HEALTH. FOR PURPOSES OF THIS SECTION, TAP WATER 20 SHALL BE CONSIDERED CONTAMINATED IF SUCH TAP WATER EXCEEDS THE LEAD OR 21 COPPER ACTION LEVEL BASED ON FIRST-DRAW TAP SAMPLES AS PROVIDED IN RULES 22 AND REGULATIONS OF THE DEPARTMENT OF HEALTH AUTHORIZED UNDER SECTION TWO 23 HUNDRED ONE OF THE PUBLIC HEALTH LAW. WHERE A FINDING OF CONTAMINATION 24 IS MADE, THE AFFECTED SCHOOL DISTRICT SHALL: 25 (A) CONTINUE TESTING EVERY SIX MONTHS UNTIL TEST RESULTS INDICATE 26 ACCEPTABLE LEAD AND COPPER LEVELS AS AUTHORIZED UNDER SECTION TWO 27 HUNDRED ONE OF THE PUBLIC HEALTH LAW; 28 (B) PROVIDE STUDENTS WITH AN ADEQUATE SUPPLY OF SAFE, POTABLE WATER 29 FOR DRINKING AS REQUIRED BY RULES AND REGULATIONS OF THE DEPARTMENT 30 AUTHORIZED UNDER SECTION TWO HUNDRED ONE OF THE PUBLIC HEALTH LAW UNTIL 31 FUTURE TESTS INDICATE ACCEPTABLE LEVELS AS AUTHORIZED UNDER SECTION TWO 32 HUNDRED ONE OF THE PUBLIC HEALTH LAW; 33 (C) PROVIDE PARENTS OF STUDENTS ATTENDING THE AFFECTED SCHOOL WITH: 34 (I) WRITTEN NOTIFICATION OF TEST RESULTS; 35 (II) CONFIRMATION OF STUDENTS ACCESS TO AN ADEQUATE SUPPLY OF SAFE, 36 POTABLE WATER FOR DRINKING; 37 (III) NOTIFICATION OF WHEN THE NEXT SCHEDULED TAP WATER TESTING WILL 38 OCCUR; AND 39 (IV) NOTIFICATION OF THE DISTRICT'S PLAN TO ELIMINATE THE SOURCE OF 40 LEAD EXPOSURE TO STUDENTS; AND 41 (D) PROVIDE THE COMMISSIONER WITH NOTIFICATION OF THE DISTRICT'S 42 INVESTIGATION AS TO THE SOURCE OF LEAD EXPOSURE IN THE WATER AND THE 43 DISTRICT'S PLAN TO ELIMINATE THE SOURCE OF LEAD EXPOSURE TO STUDENTS. 44 2. FOR PURPOSES OF THIS SECTION "WRITTEN NOTIFICATION" SHALL MEAN AND 45 INCLUDE NOTICE IN WRITING THAT IS PROVIDED DIRECTLY TO THE STAFF, 46 PARENTS OR PERSONS IN PARENTAL RELATION TO STUDENTS; OR DELIVERED TO A 47 RECEPTACLE DESIGNATED FOR THAT STUDENT OR STAFF; OR MAILED TO THE 48 STUDENT'S OR STAFF'S LAST KNOWN ADDRESS; OR DELIVERED BY ANY OTHER 49 REASONABLE METHODS AUTHORIZED BY THE COMMISSIONER. 50 3. SCHOOL DISTRICTS SHALL NOT BE REQUIRED TO CONDUCT ANNUAL LEAD-COP- 51 PER TAP WATER TESTING REQUIRED PURSUANT TO THIS SECTION AT THOSE SCHOOL 52 BUILDINGS WITHIN THE DISTRICT (A) BUILT WITHOUT THE USE OF LEAD PIPING; 53 OR (B) WHERE A FINDING OF NO CONTAMINATION HAS BEEN MADE FOR A PERIOD OF 54 THREE CONSECUTIVE YEARS. 55 S 4. This act shall take effect September 1, 2015.