Bill Text: NY S09160 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires potable water testing at schools and parks at least once every three years and any finding of lead contamination must be abated within ninety days.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-09-04 - REFERRED TO RULES [S09160 Detail]
Download: New_York-2017-S09160-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9160 IN SENATE September 4, 2018 ___________ Introduced by Sen. GIANARIS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public health law, in relation to potable water testing at schools and state 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 23 website; and (d) notwithstanding any provision of law to the contrary, 24 abate such contamination within ninety days. 25 § 2. The public health law is amended by adding a new section 1110-a 26 to read as follows: 27 § 1110-a. Park potable water testing and standards. 1. The person, 28 officer, board or commission having the management and control of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16478-02-8S. 9160 2 1 potable water supply of any park shall conduct periodic first-drawn tap 2 testing of potable water systems to monitor for lead contamination in 3 each park under his or her jurisdiction as required by regulations 4 promulgated pursuant to this section. The testing shall be conducted and 5 the results analyzed by an entity or entities approved by the commis- 6 sioner. Such periodic first-drawn tap testing shall occur at least once 7 every three years. 8 2. Where a finding of lead contamination is made, the person, officer, 9 board or commission having the management and control of the potable 10 water supply of such park shall: (a) continue first-drawn tap water 11 testing pursuant to regulations promulgated pursuant to this section; 12 (b) provide park visitors with an adequate supply of safe, potable water 13 for drinking as required by rules and regulations of the department 14 until future tests indicate lead levels pursuant to regulations promul- 15 gated pursuant to this section; (c) conspicuously post warnings to park 16 visitors the form and content of such warnings to be promulgated by the 17 commissioner, as well as posting such warnings and test results on the 18 park's website; (d) notwithstanding any provision of law to the contra- 19 ry, abate such contamination within ninety days; and (e) immediately 20 transmit a copy of the results of all such testing and any lead remedi- 21 ation plans to the commissioner of parks, recreation and historic pres- 22 ervation in a format to be determined by such commissioner. 23 3. The commissioner, in consultation with the commissioner of parks, 24 recreation and historic preservation, shall promulgate regulations to 25 carry out the provisions of this section. 26 4. The commissioner of parks, recreation and historic preservation 27 shall make a copy of the results of all such testing and any lead reme- 28 diation plans available to the public on the office of parks, recreation 29 and historic preservation's website and any additional means as chosen 30 by such commissioner. A copy of the results of all testing shall also be 31 immediately transmitted to the department in a format to be determined 32 by the commissioner. The commissioner of parks, recreation and historic 33 preservation, in conjunction with the commissioner, shall publish a 34 report biennially based on the findings from the tap water testing 35 conducted according to the provisions of this section. Such report shall 36 be sent to the commissioner, the governor, the temporary president of 37 the senate, and the speaker of the assembly and shall be made available 38 on the department's and office of parks, recreation and historic preser- 39 vation's websites. 40 § 3. This act shall take effect on the ninetieth day after it shall 41 have become a law. Effective immediately, the addition, amendment 42 and/or repeal of any rule or regulation necessary for the implementation 43 of this act on its effective date are authorized and directed to be made 44 and completed on or before such effective date.
