Bill Text: NY S03698 | 2019-2020 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-12 - REFERRED TO HEALTH [S03698 Detail]

Download: New_York-2019-S03698-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3698
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 12, 2019
                                       ___________
        Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
        AN ACT to amend the public health law,  in  relation  to  potable  water
          testing at schools and state parks
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 1 and 2 of section 1110 of the  public  health
     2  law, as added by chapter 296 of the laws of 2016, are amended to read as
     3  follows:
     4    1.  In  addition  to  school  districts already classified as a public
     5  water system under parts 141 and 142 of title 40 of the code of  federal
     6  regulations,  as  such  regulations  may, from time to time, be amended,
     7  every school district and  board  of  cooperative  educational  services
     8  shall  conduct periodic first-drawn tap testing of potable water systems
     9  to monitor for lead contamination in each occupied school building under
    10  its jurisdiction as required by regulations promulgated pursuant to this
    11  section. The testing shall be conducted and the results analyzed  by  an
    12  entity  or  entities  approved by the commissioner. Such periodic first-
    13  drawn tap testing shall occur at least once every three years.
    14    2. Where a finding of lead contamination is made, the affected  school
    15  district  shall:  (a) continue first-drawn tap water testing pursuant to
    16  regulations promulgated pursuant to this  section;  (b)  provide  school
    17  occupants with an adequate supply of safe, potable water for drinking as
    18  required  by  rules and regulations of the department until future tests
    19  indicate lead levels pursuant to  regulations  promulgated  pursuant  to
    20  this  section; [and] (c) provide parents or persons in parental relation
    21  to a child attending said  school  with  written  notification  of  test
    22  results  as  well  as posting such test results on the school district's
    23  website; and (d) notwithstanding any provision of law to  the  contrary,
    24  abate such contamination within ninety days.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04398-01-9

        S. 3698                             2
     1    §  2.  The public health law is amended by adding a new section 1110-a
     2  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 park shall conduct periodic first-drawn tap
     6  testing of potable water systems to monitor for  lead  contamination  in
     7  each  park  under  his  or  her  jurisdiction as required by regulations
     8  promulgated pursuant to this section. The testing shall be conducted and
     9  the results analyzed by an entity or entities approved  by  the  commis-
    10  sioner.  Such periodic first-drawn tap testing shall occur at least once
    11  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
    24  transmit  a copy of the results of all such testing and any lead remedi-
    25  ation plans to the commissioner of parks, recreation and historic  pres-
    26  ervation in a format to be determined by such commissioner.
    27    3.  The  commissioner, in consultation with the commissioner of parks,
    28  recreation and historic preservation, shall  promulgate  regulations  to
    29  carry out the provisions of this section.
    30    4.  The  commissioner  of  parks, recreation and historic preservation
    31  shall make a copy of the results of all such testing and any lead  reme-
    32  diation plans available to the public on the office of parks, recreation
    33  and  historic  preservation's website and any additional means as chosen
    34  by such commissioner. A copy of the results of all testing shall also be
    35  immediately transmitted to the department in a format to  be  determined
    36  by  the commissioner. The commissioner of parks, recreation and historic
    37  preservation, in conjunction with  the  commissioner,  shall  publish  a
    38  report  biennially  based  on  the  findings  from the tap water testing
    39  conducted according to the provisions of this section. Such report shall
    40  be sent to the commissioner, the governor, the  temporary  president  of
    41  the  senate, and the speaker of the assembly and shall be made available
    42  on the department's and office of parks, recreation and historic preser-
    43  vation's websites.
    44    § 3. This act shall take effect on the ninetieth day  after  it  shall
    45  have  become  a  law.    Effective  immediately, the addition, amendment
    46  and/or repeal of any rule or regulation necessary for the implementation
    47  of this act on its effective date are authorized and directed to be made
    48  and completed on or before such effective date.
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