Bill Text: NY S02122 | 2021-2022 | General Assembly | Amended

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Bill Title: Relates to standards for and testing of potable water in school buildings; eliminates certain exemptions; sets minimum standards; permits building aid for remediation measures.

Spectrum: Moderate Partisan Bill (Democrat 27-8)

Status: (Passed) 2021-12-22 - APPROVAL MEMO.131 [S02122 Detail]

Download: New_York-2021-S02122-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2122--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 19, 2021
                                       ___________

        Introduced  by Sens. RIVERA, ADDABBO, BENJAMIN, BIAGGI, BRISPORT, BROUK,
          COMRIE, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, LIU, MANNION,
          MAY, SALAZAR, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY -- 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  -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        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  triennial  first-drawn  tap  testing of potable water systems to monitor
     9  for lead contamination in each occupied school building under its juris-
    10  diction 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-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00523-07-1
        S. 2122--A                          2

     1  ten notification of test results [as well as posting such  test  results
     2  on the school district's website].
     3    3. [First-drawn tap testing shall not be required for school buildings
     4  that  have  been  deemed  "lead-free"  as defined by section 1417 of the
     5  federal safe drinking water act.
     6    4.] The commissioner, in consultation with the commissioner of  educa-
     7  tion,  shall  promulgate regulations to carry out the provisions of this
     8  section. Notwithstanding any other provision of law to the contrary, the
     9  regulations promulgated with regard to lead levels shall  be  consistent
    10  with  the requirements for those school districts classified as a public
    11  water system under parts 141 and 142 of title 40 of the code of  federal
    12  regulations  as  such  regulations  may,  from time to time, be amended;
    13  provided, however, that the lead action level is exceeded if the concen-
    14  tration of lead is greater than 0.005 milligrams per liter.
    15    [5. The commissioner may grant a waiver from the testing  requirements
    16  of  this section for certain school buildings, provided that, the school
    17  district has substantially complied with the  testing  requirements  and
    18  has  been  found  to  be  below lead levels as determined by regulations
    19  promulgated pursuant to this section for such buildings.
    20    6.] 4. Each school  district  and  board  of  cooperative  educational
    21  services  conducting testing pursuant to subdivision one of this section
    22  and each school district classified as a public water system under parts
    23  141 and 142 of title 40 of the code  of  federal  regulations,  as  such
    24  regulations may, from time to time, be amended, shall make a copy of the
    25  results  of all such testing, including laboratory reports, and any lead
    26  remediation plans available to the public on its website and  any  addi-
    27  tional  means  as  chosen by such district. A copy of the results of all
    28  testing shall also be immediately  transmitted  to  the  department  and
    29  state  education  department in a format to be determined by the commis-
    30  sioner and to the county department of health in the local  jurisdiction
    31  of  the  school  building. The commissioner of education, in conjunction
    32  with the commissioner, shall publish a report  [biennially]  triennially
    33  based  on the findings from the tap water testing conducted according to
    34  the provisions of this section. Such report shall be sent to the commis-
    35  sioner, the governor, the temporary president of  the  senate,  and  the
    36  speaker  of the assembly and shall be made available on the department's
    37  and state education department's websites.
    38    5. Expenses for remediation under this  section  and  any  regulations
    39  promulgated  thereto shall be fully reimbursable from funds appropriated
    40  through the department of environmental  conservation  for  clean  water
    41  infrastructure projects.
    42    §  2. This act shall take effect one year after it shall have become a
    43  law.  Effective immediately the commissioner of health  may  make  regu-
    44  lations and take other actions necessary to implement this act.