|SAME AS||SAME AS S07103-C|
|COSPNSR||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, Castorina, Walker, Skoufis, Ortiz, Lifton, McDonald, Otis, Buchwald, Peoples-Stokes, Murray, McLaughlin, Raia, Giglio, Kavanagh, Magnarelli, Seawright, Woerner, Schimel, Crespo, Williams|
|MLTSPNSR||Abbate, 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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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. LBD14805-11-6A. 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 ofA. 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.