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A09687 Summary:

BILL NOA09687C
 
SAME ASSAME AS S07103-C
 
SPONSORLupardo
 
COSPNSRGottfried, Rosenthal, Galef, Cahill, Dinowitz, Lavine, Jaffee, Santabarbara, Solages, Hooper, Mosley, Blake, Joyner, Mayer, Linares, Jean-Pierre, Fahy, Palmesano, Rozic, Barron, Barrett, Cancel, Arroyo, Hawley, Zebrowski, Russell, Castorina, Walker, Skoufis, Ortiz, Lifton, McDonald, Otis, Buchwald, Peoples-Stokes, Murray, McLaughlin, Raia, Giglio, Kavanagh, Magnarelli, Seawright, Woerner, Schimel, Crespo, Williams
 
MLTSPNSRAbbate, Braunstein, Cook, Crouch, Englebright, Glick, McDonough, McKevitt, Pichardo, Simon, Thiele
 
Add 1110, Pub Health L; amd 3602 & 1950, Ed L
 
Requires school districts and boards of cooperative educational services to conduct periodic testing of school potable water sources and systems to monitor for lead contamination in certain school buildings; provides additional aid to such districts and boards for the costs incurred due to the testing of such potable water sources and systems containing an unacceptable amount of lead.
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A09687 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9687--C
 
                   IN ASSEMBLY
 
                                     March 29, 2016
                                       ___________
 
        Introduced  by  M.  of  A. LUPARDO, GOTTFRIED, ROSENTHAL, GALEF, CAHILL,
          DINOWITZ,  LAVINE,  JAFFEE,  SANTABARBARA,  SOLAGES,  HOOPER,  MOSLEY,
          BLAKE,  JOYNER,  MAYER,  LINARES, JEAN-PIERRE, FAHY, PALMESANO, ROZIC,
          BARRON, BARRETT, CANCEL, ARROYO, HAWLEY, ZEBROWSKI, RUSSELL,  CASTORI-
          NA,   WALKER,   SKOUFIS,  ORTIZ,  LIFTON,  McDONALD,  OTIS,  BUCHWALD,
          PEOPLES-STOKES, MURRAY, McLAUGHLIN, RAIA, GIGLIO, KAVANAGH,  MAGNAREL-
          LI, SEAWRIGHT, WOERNER -- Multi-Sponsored by -- M. of A. ABBATE, COOK,
          CROUCH,  ENGLEBRIGHT,  GLICK,  McDONOUGH,  McKEVITT,  PICHARDO, SIMON,
          THIELE -- read once and referred to  the  Committee  on  Education  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- again reported  from  said  committee
          with  amendments, ordered reprinted as amended and recommitted to said
          committee -- again  reported  from  said  committee  with  amendments,
          ordered reprinted as amended and recommitted to said committee
 
        AN ACT to amend the public health law and the education law, in relation
          to potable water testing and standards in schools
 
          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 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  first-drawn tap testing of potable water systems  to  monitor  for  lead
     9  contamination in each occupied school building under its jurisdiction as
    10  required  by regulations promulgated pursuant to this section. The test-
    11  ing shall be conducted and the results analyzed by an entity or entities
    12  approved by the commissioner.
    13    2. Where periodic first-draw tap testing results  in  findings  of  no
    14  contamination  for a period to be determined by the commissioner, first-
    15  drawn tap water testing shall be conducted periodically at  a  frequency
    16  to be determined by the commissioner.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14805-11-6

        A. 9687--C                          2
 
     1    3.  Where a finding of lead contamination is made, the affected school
     2  district shall: (a) continue first-drawn tap water testing  pursuant  to
     3  regulations  promulgated  pursuant  to  this section; (b) provide school
     4  occupants with an adequate supply of safe, potable water for drinking as
     5  required  by  rules and regulations of the department until future tests
     6  indicate lead levels pursuant to  regulations  promulgated  pursuant  to
     7  this section; and (c) provide parents or persons in parental relation to
     8  a  child attending said school with written notification of test results
     9  as well as posting such test results on the school district's website.
    10    4. Potable tap water testing shall not be required for  school  build-
    11  ings built after two thousand fourteen.
    12    5.  The  commissioner, in consultation with the commissioner of educa-
    13  tion, shall promulgate regulations to carry out the provisions  of  this
    14  section.    Notwithstanding  any other provision of law to the contrary,
    15  the regulations promulgated with regard to lead levels shall be consist-
    16  ent with the requirements for those school  districts  classified  as  a
    17  public  water  system under parts 141 and 142 of title 40 of the code of
    18  federal regulations as such regulations  may,  from  time  to  time,  be
    19  amended.
    20    6.  The  commissioner may grant a waiver from the testing requirements
    21  of this section for certain school buildings, provided that, the  school
    22  district  has  substantially  complied with the testing requirements and
    23  has been found to be below lead  levels  as  determined  by  regulations
    24  promulgated pursuant to this section for such buildings.
    25    7.  Each school district and board of cooperative educational services
    26  conducting testing pursuant to subdivision one of this section and  each
    27  school  district classified as a public water system under parts 141 and
    28  142 of title 40 of the code of federal regulations, as such  regulations
    29  may,  from time to time, be amended, shall make a copy of the results of
    30  all such testing and any lead remediation plans available to the  public
    31  on  its  website and any additional means as chosen by such district.  A
    32  copy of the results of all testing shall also be immediately transmitted
    33  to the department and state education  department  in  a  format  to  be
    34  determined by the commissioner and to the county department of health in
    35  the  local  jurisdiction  of  the  school building. The commissioner, in
    36  conjunction with the commissioner of education, shall publish  a  report
    37  bi-annually  based  on the findings from the tap water testing conducted
    38  according to the provisions of this section. Such report shall  be  sent
    39  to  the commissioner of education, the governor, the temporary president
    40  of the senate, and the speaker of the assembly and shall be made  avail-
    41  able on the department's and state education department's websites.
    42    §  2.  Section  3602  of  the education law is amended by adding a new
    43  subdivision 6-h to read as follows:
    44    6-h. Building  aid  for  testing  and  remediation  of  potable  water
    45  systems.  In addition to the apportionments payable to a school district
    46  pursuant  to subdivision six of this section, the commissioner is hereby
    47  authorized to apportion to any school district additional  building  aid
    48  pursuant  to  this subdivision for its approved expenditures in the base
    49  year for the testing and remediation of potable water  systems  required
    50  pursuant  to  section  eleven hundred ten of the public health law. Such
    51  aid shall equal the product of the building aid ratio  defined  pursuant
    52  to  paragraph  c  of  subdivision  six  of  this  section and the actual
    53  approved expenditures incurred in the base year pursuant to this  subdi-
    54  vision,  provided  that the limitations on cost allowances prescribed by
    55  paragraph a of subdivision six of this section shall  not  apply.    The
    56  commissioner shall prescribe a special cost allowance for the testing of

        A. 9687--C                          3
 
     1  potable  water  systems  and  the approved expenditures shall not exceed
     2  such cost allowance.  The commissioner shall determine what qualifies as
     3  an approved  expense  for  the  remediation  of  potable  water  systems
     4  required  as  a  result  of  water testing conducted pursuant to section
     5  eleven hundred ten of the public health law.
     6    § 3. Paragraph b of subdivision 5 of section  1950  of  the  education
     7  law,  as  amended by section 80-a of part A of chapter 58 of the laws of
     8  2011, is amended to read as follows:
     9    b. The cost of services herein referred to shall be the  amount  allo-
    10  cated  to  each  component  school  district by the board of cooperative
    11  educational  services  to  defray  expenses  of  such  board,  including
    12  approved  expenses  from  the  testing of potable water systems required
    13  pursuant to section eleven hundred ten of the public health law,  except
    14  that  that  part  of  the  salary  paid any teacher, supervisor or other
    15  employee of the board of cooperative educational services  which  is  in
    16  excess of thirty thousand dollars shall not be such an approved expense,
    17  and  except  also  that  administrative  and clerical expenses shall not
    18  exceed ten percent of the total expenses for purposes of  this  computa-
    19  tion.  Any  gifts,  donations or interest earned by the board of cooper-
    20  ative educational services or on behalf  of  the  board  of  cooperative
    21  educational  services  by  the  dormitory  authority or any other source
    22  shall not be deducted in determining the cost of services  allocated  to
    23  each  component school district. Any payments made to a component school
    24  district by the board of cooperative educational  services  pursuant  to
    25  subdivision eleven of section six-p of the general municipal law attrib-
    26  utable to an approved cost of service computed pursuant to this subdivi-
    27  sion  shall  be  deducted  from  the  cost of services allocated to such
    28  component school district.  The expense of  transportation  provided  by
    29  the board of cooperative educational services pursuant to paragraph q of
    30  subdivision  four  of this section shall be eligible for aid apportioned
    31  pursuant to subdivision seven of section thirty-six hundred two of  this
    32  chapter  and no board of cooperative educational services transportation
    33  expense shall be an approved cost of services for the computation of aid
    34  under this subdivision. Transportation expense pursuant to  paragraph  q
    35  of subdivision four of this section shall be included in the computation
    36  of the ten percent limitation on administrative and clerical expenses.
    37    § 4. Subdivision 6-f of section 3602 of the education law, as added by
    38  section  19  of  part H of chapter 83 of the laws of 2002, is amended to
    39  read as follows:
    40    6-f. Additional apportionment of building aid for certain projects. a.
    41  In addition to the apportionment payable to a school  district  pursuant
    42  to  subdivision  six of this section, the commissioner is hereby author-
    43  ized to apportion to any school district additional building aid in  the
    44  amount  equal  to  the  product of its approved expenditures in the base
    45  year for capital outlays from the district's general fund, capital  fund
    46  or reserved funds that are incurred on or after July first, two thousand
    47  two  for an eligible school construction project as defined in paragraph
    48  b of this subdivision, and the district's applicable building aid  ratio
    49  as  defined  pursuant to paragraph c of subdivision six of this section.
    50  Approved  expenditures  for  capital   outlays   for   eligible   school
    51  construction projects that are eligible for an apportionment pursuant to
    52  this  subdivision  shall not be eligible for aid pursuant to subdivision
    53  six of this section.
    54    b.  For  the  purposes  of  this  subdivision,  an  "eligible   school
    55  construction  project"  shall mean a school construction project that is
    56  entirely funded from capital outlays and:

        A. 9687--C                          4

     1    (1) has a total project cost of one hundred thousand dollars or  less;
     2  provided  however, that for any district, no more than one project shall
     3  be eligible pursuant to this subparagraph for  an  apportionment  within
     4  the same school year; and/or
     5    (2)  is  a construction emergency project to remediate emergency situ-
     6  ations which arise in public school buildings and  threaten  the  health
     7  and/or  safety  of  building occupants, as a result of the unanticipated
     8  discovery of asbestos or other hazardous substances during  construction
     9  work on a school or significant damage caused by a fire, snow storm, ice
    10  storm, excessive rain, high winds, flood or a similar catastrophic event
    11  which  results  in the necessity for immediate repair. Approved expendi-
    12  tures pursuant to this section shall include  expenditures  the  commis-
    13  sioner  approves  for the immediate remediation of potable water systems
    14  due to lead  contamination,  required  as  a  result  of  water  testing
    15  conducted  pursuant  to  section eleven hundred ten of the public health
    16  law; and/or
    17    (3) if bonded pursuant to paragraph  j  of  subdivision  six  of  this
    18  section,  would  cause  a  city school district in a city having a popu-
    19  lation of less than one  hundred  twenty-five  thousand  inhabitants  to
    20  exceed  ninety-five  percent  of its constitutional debt limit provided,
    21  however, that any debt issued pursuant to paragraph c of section  104.00
    22  of the local finance law shall not be included in such calculation.
    23    §  5.  This  act  shall take effect on the sixtieth day after it shall
    24  have become a law; provided, however, that  effective  immediately,  the
    25  commissioner  of  health  shall  be authorized to promulgate any and all
    26  rules and regulations necessary to implement the provisions of this  act
    27  on its effective date.
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