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.