Bill Text: NY S00147 | 2023-2024 | General Assembly | Amended


Bill Title: Requires potable water testing at state and local parks at least once every three years and any finding of lead contamination must be abated within ninety days.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Engrossed) 2024-03-18 - referred to health [S00147 Detail]

Download: New_York-2023-S00147-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         147--A
            Cal. No. 184

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  Sens.  GIANARIS,  HOYLMAN-SIGAL, JACKSON, KAVANAGH, LIU,
          MANNION -- read twice and ordered printed,  and  when  printed  to  be
          committed  to  the Committee on Health -- reported favorably from said
          committee and committed to the Committee on Finance -- reported favor-
          ably from said committee, ordered to first and second report,  ordered
          to a third reading, amended and ordered reprinted, retaining its place
          in the order of third reading

        AN  ACT  to  amend  the  public health law, in relation to potable water
          testing at 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.  The  public health law is amended by adding a new section
     2  1110-a 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01884-02-3

        S. 147--A                           2

     1  visitors the form and content of such warnings to be promulgated by  the
     2  commissioner,  as  well as posting such warnings and test results on the
     3  park's website; (d) notwithstanding any provision of law to the  contra-
     4  ry,  abate  such  contamination  within ninety days; and (e) immediately
     5  transmit a copy of the results of all such testing, including laboratory
     6  reports, and any lead remediation plans to the  commissioner  of  parks,
     7  recreation  and  historic  preservation  in a format to be determined by
     8  such commissioner.
     9    3. The commissioner, in consultation with the commissioner  of  parks,
    10  recreation  and  historic  preservation, shall promulgate regulations to
    11  carry out the provisions of this section, provided that such regulations
    12  shall include that lead action levels are exceeded if the  concentration
    13  of lead is greater than 0.005 milligrams per liter.
    14    4.  The  commissioner  of  parks, recreation and historic preservation
    15  shall make a copy of the results of all such testing and any lead  reme-
    16  diation plans available to the public on the office of parks, recreation
    17  and  historic  preservation's website and any additional means as chosen
    18  by such commissioner. A copy of the results of all testing shall also be
    19  immediately transmitted to the department in a format to  be  determined
    20  by  the commissioner. The commissioner of parks, recreation and historic
    21  preservation, in conjunction with  the  commissioner,  shall  publish  a
    22  report  biennially  based  on  the  findings  from the tap water testing
    23  conducted according to the provisions of this section. Such report shall
    24  be sent to the commissioner, the governor, the  temporary  president  of
    25  the  senate, and the speaker of the assembly and shall be made available
    26  on the department's and office of parks, recreation and historic preser-
    27  vation's websites.
    28    § 2. This act shall take effect on the ninetieth day  after  it  shall
    29  have  become  a  law.    Effective  immediately, the addition, amendment
    30  and/or repeal of any rule or regulation necessary for the implementation
    31  of this act on  its  effective  date  are  authorized  to  be  made  and
    32  completed on or before such effective date.
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