Bill Text: NY S01256 | 2021-2022 | General Assembly | Amended

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Bill Title: Requires potable water testing at state and local parks at least once every three years and any finding of lead contamination must be abated within ninety days.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed - Dead) 2022-04-04 - referred to health [S01256 Detail]

Download: New_York-2021-S01256-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1256--B

                               2021-2022 Regular Sessions

                    IN SENATE

                                     January 8, 2021
                                       ___________

        Introduced  by  Sens.  GIANARIS, HOYLMAN, KAVANAGH, LIU, MANNION -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee  on  Health  --  committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee --  recommitted
          to the Committee on Health in accordance with Senate Rule 6, sec. 8 --
          reported  favorably from said committee and committed to the Committee
          on Finance -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        AN ACT to amend the public health law,  in  relation  to  potable  water
          testing at state and local parks

          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-a to read as follows:
     3    §  1110-a.  Park  potable  water testing and standards. 1. The person,
     4  officer, board or commission having the management and  control  of  the
     5  potable  water  supply of any state or local park shall conduct periodic
     6  first-drawn tap testing of potable water systems  to  monitor  for  lead
     7  contamination  in each park under his or her jurisdiction as required by
     8  regulations promulgated pursuant to this section. The testing  shall  be
     9  conducted  and the results analyzed by an entity or entities approved by
    10  the commissioner.  Such periodic first-drawn tap testing shall occur  at
    11  least once every three years.
    12    2. Where a finding of lead contamination is made, the person, officer,
    13  board  or  commission  having  the management and control of the potable
    14  water supply of such park shall:  (a)  continue  first-drawn  tap  water
    15  testing  pursuant  to  regulations promulgated pursuant to this section;
    16  (b) provide park visitors with an adequate supply of safe, potable water
    17  for drinking as required by rules  and  regulations  of  the  department
    18  until  future tests indicate lead levels pursuant to regulations promul-
    19  gated pursuant to this section; (c) conspicuously post warnings to  park

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03343-05-2
        S. 1256--B                          2

     1  visitors  the form and content of such warnings to be promulgated by the
     2  commissioner, as well as posting such warnings and test results  on  the
     3  park's  website; (d) notwithstanding any provision of law to the contra-
     4  ry,  abate  such  contamination  within ninety days; and (e) immediately
     5  transmit a copy of the results of all such testing and any lead  remedi-
     6  ation  plans to the commissioner of parks, recreation and historic pres-
     7  ervation in a format to be determined by such commissioner.
     8    3. The commissioner, in consultation with the commissioner  of  parks,
     9  recreation  and  historic  preservation, shall promulgate regulations to
    10  carry out the provisions of this section, provided that such regulations
    11  shall include that lead action levels are exceeded if the  concentration
    12  of lead is greater than 0.005 milligrams per liter.
    13    4.  The  commissioner  of  parks, recreation and historic preservation
    14  shall make a copy of the results of all such testing and any lead  reme-
    15  diation plans available to the public on the office of parks, recreation
    16  and  historic  preservation's website and any additional means as chosen
    17  by such commissioner. A copy of the results of all testing shall also be
    18  immediately transmitted to the department in a format to  be  determined
    19  by  the commissioner. The commissioner of parks, recreation and historic
    20  preservation, in conjunction with  the  commissioner,  shall  publish  a
    21  report  biennially  based  on  the  findings  from the tap water testing
    22  conducted according to the provisions of this section. Such report shall
    23  be sent to the commissioner, the governor, the  temporary  president  of
    24  the  senate, and the speaker of the assembly and shall be made available
    25  on the department's and office of parks, recreation and historic preser-
    26  vation's websites.
    27    § 2. This act shall take effect on the ninetieth day  after  it  shall
    28  have  become  a  law.    Effective  immediately, the addition, amendment
    29  and/or repeal of any rule or regulation necessary for the implementation
    30  of this act on  its  effective  date  are  authorized  to  be  made  and
    31  completed on or before such effective date.