Bill Text: NY A10310 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires charter schools to conduct periodic testing of potable water systems for lead contamination; requires that initial testing of such potable water systems occurs between 1/1/20 and 12/31/21 and such systems are re-tested every 5 years thereafter.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-04-22 - referred to health [A10310 Detail]
Download: New_York-2019-A10310-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10310 IN ASSEMBLY April 22, 2020 ___________ Introduced by M. of A. LIFTON -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to requiring charter schools to conduct periodic testing of potable water systems for lead contamination 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 charter school and board of cooperative educational services shall 8 conduct periodic first-drawn tap testing of potable water systems to 9 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. 13 2. Where a finding of lead contamination is made, the affected school 14 district or charter school shall: (a) continue first-drawn tap water 15 testing pursuant to regulations promulgated pursuant to this section; 16 (b) provide school occupants with an adequate supply of safe, potable 17 water for drinking as required by rules and regulations of the depart- 18 ment until future tests indicate lead levels pursuant to regulations 19 promulgated pursuant to this section; and (c) provide parents or persons 20 in parental relation to a child attending said school with written 21 notification of test results as well as posting such test results on the 22 school [district's] district or charter school'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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14576-02-0A. 10310 2 1 section. Notwithstanding any other provision of law to the contrary, the 2 regulations promulgated with regard to lead levels shall be consistent 3 with the requirements for those school districts classified as a public 4 water system under parts 141 and 142 of title 40 of the code of federal 5 regulations as such regulations may, from time to time, be amended. 6 5. The commissioner may grant a waiver from the testing requirements 7 of this section for certain school buildings, provided that, the school 8 district or charter school has substantially complied with the testing 9 requirements and has been found to be below lead levels as determined by 10 regulations promulgated pursuant to this section for such buildings. 11 6. Each school district, charter school and board of cooperative 12 educational services conducting testing pursuant to subdivision one of 13 this section and each school district classified as a public water 14 system under parts 141 and 142 of title 40 of the code of federal regu- 15 lations, as such regulations may, from time to time, be amended, shall 16 make a copy of the results of all such testing and any lead remediation 17 plans available to the public on its website and any additional means as 18 chosen by such district or charter school. A copy of the results of all 19 testing shall also be immediately transmitted to the department and 20 state education department in a format to be determined by the commis- 21 sioner and to the county department of health in the local jurisdiction 22 of the school building. The commissioner of education, in conjunction 23 with the commissioner, shall publish a report biennially based on the 24 findings from the tap water testing conducted according to the 25 provisions of this section. Such report shall be sent to the commission- 26 er, the governor, the temporary president of the senate, and the speaker 27 of the assembly and shall be made available on the department's and 28 state education department's websites. 29 § 2. Every charter school shall complete initial testing of potable 30 water systems as required pursuant to section one of this act on or 31 after January 1, 2020 and no later than December 31, 2021 and shall 32 retest such potable water systems at least every five years thereafter. 33 § 3. The state education department shall promulgate rules and regu- 34 lations requiring charter schools to test potable water systems initial- 35 ly between January 1, 2020 and December 31, 2021 and shall require that 36 such potable water systems be retested at least every five years there- 37 after. 38 § 4. This act shall take effect immediately.