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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5524
SPONSOR: O'Donnell TITLE OF BILL:
An act to amend the public health law, in relation to potable water
testing at state and local parks
PURPOSE:
To ensure that drinking water is potable in New York's schools and
parks.
SUMMARY OF PROVISIONS:
Section 1 amends subdivisions 1 and 2 of section 1110 of the public
health law requiring lead water tests at least once every three years in
schools.
Section 2 amends the public health law, adding a new section 1110-a to
require lead water testing in all state and local public parks at least
once every three years.
JUSTIFICATION:
Recent test results in public parks in New York city has yielded alarm-
ing lead water testing rates. This demonstrates the need for more strin-
gent testing in parks. This bill would ensure the proper continual moni-
toring and remediation of drinking water quality in public parks.
PRIOR LEGISLATIVE HISTORY:
2019-2020: A.7253
2021-2022: A.4551
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law, provided that the addition amendment or repeal of any rule
STATE OF NEW YORK
________________________________________________________________________
5524
2023-2024 Regular Sessions
IN ASSEMBLY
March 16, 2023
___________
Introduced by M. of A. O'DONNELL -- read once and referred to the
Committee on Health
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
24 transmit a copy of the results of all such testing, including laboratory
25 reports, and any lead remediation plans to the commissioner of parks,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01884-03-3
A. 5524 2
1 recreation and historic preservation in a format to be determined by
2 such commissioner.
3 3. The commissioner, in consultation with the commissioner of parks,
4 recreation and historic preservation, shall promulgate regulations to
5 carry out the provisions of this section, provided that such regulations
6 shall include that lead action levels are exceeded if the concentration
7 of lead is greater than 0.005 milligrams per liter.
8 4. The commissioner of parks, recreation and historic preservation
9 shall make a copy of the results of all such testing and any lead reme-
10 diation plans available to the public on the office of parks, recreation
11 and historic preservation's website and any additional means as chosen
12 by such commissioner. A copy of the results of all testing shall also be
13 immediately transmitted to the department in a format to be determined
14 by the commissioner. The commissioner of parks, recreation and historic
15 preservation, in conjunction with the commissioner, shall publish a
16 report biennially based on the findings from the tap water testing
17 conducted according to the provisions of this section. Such report shall
18 be sent to the commissioner, the governor, the temporary president of
19 the senate, and the speaker of the assembly and shall be made available
20 on the department's and office of parks, recreation and historic preser-
21 vation's websites.
22 § 2. This act shall take effect on the ninetieth day after it shall
23 have become a law. Effective immediately, the addition, amendment
24 and/or repeal of any rule or regulation necessary for the implementation
25 of this act on its effective date are authorized to be made and
26 completed on or before such effective date.
