Bill Text: NY S07268 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to standards for and testing of potable water in school buildings; eliminates certain exemptions; sets minimum standards and requires training.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2020-01-15 - REFERRED TO HEALTH [S07268 Detail]
Download: New_York-2019-S07268-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7268 IN SENATE January 15, 2020 ___________ Introduced by Sen. RIVERA -- 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 school potable water testing The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1110 of the public health law, as added by chapter 2 296 of the laws of 2016, is amended to read as follows: 3 § 1110. School potable water testing and standards. 1. In addition to 4 school districts already classified as a public water system under parts 5 141 and 142 of title 40 of the code of federal regulations, as such 6 regulations may, from time to time, be amended, every school district 7 and board of cooperative educational services shall conduct [periodic] 8 annual first-drawn tap testing of potable water systems to monitor for 9 lead contamination in each occupied school building under its jurisdic- 10 tion as required by regulations promulgated pursuant to this section. 11 The testing shall be conducted and the results analyzed by an entity or 12 entities approved by the commissioner. 13 2. Where a finding of lead contamination is made, the affected school 14 district shall: (a) continue first-drawn tap water testing pursuant to 15 regulations promulgated pursuant to this section; (b) provide school 16 occupants with an adequate supply of safe, free to the school occupants, 17 potable water for drinking as required by rules and regulations of the 18 department until future tests indicate lead levels pursuant to regu- 19 lations promulgated pursuant to this section; and (c) provide parents or 20 persons in parental relation to a child attending said school with writ- 21 ten notification of test results [as well as posting such test results22on the school district's website]. 23 3. [First-drawn tap testing shall not be required for school buildings24that have been deemed "lead-free" as defined by section 1417 of the25federal safe drinking water act.264.] The commissioner, in consultation with the commissioner of educa- 27 tion, shall promulgate regulations to carry out the provisions of this 28 section. Notwithstanding any other provision of law to the contrary, the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14731-01-0S. 7268 2 1 regulations promulgated with regard to lead levels shall be consistent 2 with the requirements for those school districts classified as a public 3 water system under parts 141 and 142 of title 40 of the code of federal 4 regulations as such regulations may, from time to time, be amended; 5 provided, however, that the lead action level is exceeded if the concen- 6 tration of lead is greater than 0.005 milligrams per liter. 7 [5. The commissioner may grant a waiver from the testing requirements8of this section for certain school buildings, provided that, the school9district has substantially complied with the testing requirements and10has been found to be below lead levels as determined by regulations11promulgated pursuant to this section for such buildings.126.] 4. Each school district and board of cooperative educational 13 services conducting testing pursuant to subdivision one of this section 14 and each school district classified as a public water system under parts 15 141 and 142 of title 40 of the code of federal regulations, as such 16 regulations may, from time to time, be amended, shall make a copy of the 17 results of all such testing, including laboratory reports, and any lead 18 remediation plans available to the public on its website and any addi- 19 tional means as chosen by such district. A copy of the results of all 20 testing shall also be immediately transmitted to the department and 21 state education department in a format to be determined by the commis- 22 sioner and to the county department of health in the local jurisdiction 23 of the school building. The commissioner of education, in conjunction 24 with the commissioner, shall publish a report biennially based on the 25 findings from the tap water testing conducted according to the 26 provisions of this section. Such report shall be sent to the commission- 27 er, the governor, the temporary president of the senate, and the speaker 28 of the assembly and shall be made available on the department's and 29 state education department's websites. 30 5. The commissioner, in consultation with the commissioner of educa- 31 tion, shall provide and require annual training of school personnel and 32 contractors responsible for carrying out the requirements of this 33 section, and provide a record that required training was completed. 34 § 2. This act shall take effect one year after it shall have become a 35 law. Effective immediately the commissioner of health may make regu- 36 lations and take other actions necessary to implement this act.