A07253 Summary:

BILL NOA07253A
 
SAME ASSAME AS S03698-A
 
SPONSORO'Donnell
 
COSPNSRSteck
 
MLTSPNSR
 
Amd 1110, add 1110-a, Pub Health L
 
Requires potable water testing at schools and state and local parks at least once every three years and any finding of lead contamination must be abated within ninety days.
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A07253 Actions:

BILL NOA07253A
 
04/18/2019referred to health
06/13/2019amend (t) and recommit to health
06/13/2019print number 7253a
01/08/2020referred to health
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A07253 Committee Votes:

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A07253 Floor Votes:

There are no votes for this bill in this legislative session.
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A07253 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7253--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 18, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
          Committee on Health -- committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT  to  amend  the  public health law, in relation to potable water
          testing at schools and 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.  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.
                                                                   LBD04398-03-9

        A. 7253--A                          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 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 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.
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