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

New York Senate Bill 1256 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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


                STATE OF NEW YORK
        ________________________________________________________________________

                                         1256--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                     January 8, 2021
                                       ___________

        Introduced by Sens. GIANARIS, LIU -- 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

        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
    20  visitors  the form and content of such warnings to be promulgated by the
    21  commissioner, as well as posting such warnings and test results  on  the
    22  park's  website; (d) notwithstanding any provision of law to the contra-
    23  ry, abate such contamination within ninety  days;  and  (e)  immediately

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03343-02-1

        S. 1256--A                          2

     1  transmit  a copy of the results of all such testing and any lead remedi-
     2  ation plans to the commissioner of parks, recreation and historic  pres-
     3  ervation in a format to be determined by such commissioner.
     4    3.  The  commissioner, in consultation with the commissioner of parks,
     5  recreation and historic preservation, shall  promulgate  regulations  to
     6  carry out the provisions of this section.
     7    4.  The  commissioner  of  parks, recreation and historic preservation
     8  shall make a copy of the results of all such testing and any lead  reme-
     9  diation plans available to the public on the office of parks, recreation
    10  and  historic  preservation's website and any additional means as chosen
    11  by such commissioner. A copy of the results of all testing shall also be
    12  immediately transmitted to the department in a format to  be  determined
    13  by  the commissioner. The commissioner of parks, recreation and historic
    14  preservation, in conjunction with  the  commissioner,  shall  publish  a
    15  report  biennially  based  on  the  findings  from the tap water testing
    16  conducted according to the provisions of this section. Such report shall
    17  be sent to the commissioner, the governor, the  temporary  president  of
    18  the  senate, and the speaker of the assembly and shall be made available
    19  on the department's and office of parks, recreation and historic preser-
    20  vation's websites.
    21    § 2. This act shall take effect on the ninetieth day  after  it  shall
    22  have  become  a  law.    Effective  immediately, the addition, amendment
    23  and/or repeal of any rule or regulation necessary for the implementation
    24  of this act on  its  effective  date  are  authorized  to  be  made  and
    25  completed on or before such effective date.