Relates to standards for and testing of potable water in school buildings; eliminates certain exemptions; sets minimum standards and requires training.
STATE OF NEW YORK
________________________________________________________________________
9545
IN ASSEMBLY
January 24, 2020
___________
Introduced by M. of A. GOTTFRIED, DINOWITZ -- read once and referred 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 results
22 on the school district's website].
23 3. [First-drawn tap testing shall not be required for school buildings
24 that have been deemed "lead-free" as defined by section 1417 of the
25 federal safe drinking water act.
26 4.] 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.
LBD14731-01-0
A. 9545 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 requirements
8 of this section for certain school buildings, provided that, the school
9 district has substantially complied with the testing requirements and
10 has been found to be below lead levels as determined by regulations
11 promulgated pursuant to this section for such buildings.
12 6.] 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.