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.