Bill Text: NY S03698 | 2019-2020 | General Assembly | Amended
Bill Title: Requires potable water testing at schools and 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 2-0)
Status: (Engrossed - Dead) 2020-01-08 - REFERRED TO HEALTH [S03698 Detail]
Download: New_York-2019-S03698-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3698--A 2019-2020 Regular Sessions IN SENATE February 12, 2019 ___________ Introduced by Sen. GIANARIS -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to potable water testing at schools and 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. Subdivisions 1 and 2 of section 1110 of the public health 2 law, as added by chapter 296 of the laws of 2016, are amended to read as 3 follows: 4 1. In addition to school districts already classified as a public 5 water system under parts 141 and 142 of title 40 of the code of federal 6 regulations, as such regulations may, from time to time, be amended, 7 every school district and board of cooperative educational services 8 shall conduct periodic first-drawn tap testing of potable water systems 9 to 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. Such periodic first- 13 drawn tap testing shall occur at least once every three years. 14 2. Where a finding of lead contamination is made, the affected school 15 district shall: (a) continue first-drawn tap water testing pursuant to 16 regulations promulgated pursuant to this section; (b) provide school 17 occupants with an adequate supply of safe, potable water for drinking as 18 required by rules and regulations of the department until future tests 19 indicate lead levels pursuant to regulations promulgated pursuant to 20 this section; [and] (c) provide parents or persons in parental relation 21 to a child attending said school with written notification of test 22 results as well as posting such test results on the school district's EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04398-02-9S. 3698--A 2 1 website; and (d) notwithstanding any provision of law to the contrary, 2 abate such contamination within ninety days. 3 § 2. The public health law is amended by adding a new section 1110-a 4 to read as follows: 5 § 1110-a. Park potable water testing and standards. 1. The person, 6 officer, board or commission having the management and control of the 7 potable water supply of any state or local park shall conduct periodic 8 first-drawn tap testing of potable water systems to monitor for lead 9 contamination in each park under his or her jurisdiction as required by 10 regulations promulgated pursuant to this section. The testing shall be 11 conducted and the results analyzed by an entity or entities approved by 12 the commissioner. Such periodic first-drawn tap testing shall occur at 13 least once every three years. 14 2. Where a finding of lead contamination is made, the person, officer, 15 board or commission having the management and control of the potable 16 water supply of such park shall: (a) continue first-drawn tap water 17 testing pursuant to regulations promulgated pursuant to this section; 18 (b) provide park visitors with an adequate supply of safe, potable water 19 for drinking as required by rules and regulations of the department 20 until future tests indicate lead levels pursuant to regulations promul- 21 gated pursuant to this section; (c) conspicuously post warnings to park 22 visitors the form and content of such warnings to be promulgated by the 23 commissioner, as well as posting such warnings and test results on the 24 park's website; (d) notwithstanding any provision of law to the contra- 25 ry, abate such contamination within ninety days; and (e) immediately 26 transmit a copy of the results of all such testing and any lead remedi- 27 ation plans to the commissioner of parks, recreation and historic pres- 28 ervation in a format to be determined by such commissioner. 29 3. The commissioner, in consultation with the commissioner of parks, 30 recreation and historic preservation, shall promulgate regulations to 31 carry out the provisions of this section. 32 4. The commissioner of parks, recreation and historic preservation 33 shall make a copy of the results of all such testing and any lead reme- 34 diation plans available to the public on the office of parks, recreation 35 and historic preservation's website and any additional means as chosen 36 by such commissioner. A copy of the results of all testing shall also be 37 immediately transmitted to the department in a format to be determined 38 by the commissioner. The commissioner of parks, recreation and historic 39 preservation, in conjunction with the commissioner, shall publish a 40 report biennially based on the findings from the tap water testing 41 conducted according to the provisions of this section. Such report shall 42 be sent to the commissioner, the governor, the temporary president of 43 the senate, and the speaker of the assembly and shall be made available 44 on the department's and office of parks, recreation and historic preser- 45 vation's websites. 46 § 3. This act shall take effect on the ninetieth day after it shall 47 have become a law. Effective immediately, the addition, amendment 48 and/or repeal of any rule or regulation necessary for the implementation 49 of this act on its effective date are authorized and directed to be made 50 and completed on or before such effective date.