senate Bill S45

Amended

Provides for annual school lead-copper tap water testing; publishing of reports of contamination and abatement of such contamination

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO HEALTH
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 23 / Jan / 2014
    • AMEND AND RECOMMIT TO HEALTH
  • 23 / Jan / 2014
    • PRINT NUMBER 45A

Summary

Provides for annual school lead-copper tap water testing; requires the publishing of reports of contamination and abatement of such contamination; requires school districts to provide potable water to school children attending affected schools; exempts those schools built without use of lead piping and those schools where a finding of no contamination has been made for three consecutive years.

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Bill Details

See Assembly Version of this Bill:
A5289
Versions:
S45
S45A
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §1110, amd §1102, Pub Health L; add §409-l, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S666A, A1601A
2009-2010: S6174, A2359B
2007-2008: A2279

Sponsor Memo

BILL NUMBER:S45

TITLE OF BILL:
An act
to amend the public health law and the education law, in relation to the
water dispensed within
public schools

PURPOSE:
To protect children from the irreversible health effects caused by
lead contamination by ensuring that the water children drink in
schools is safe and free from lead by requiring school districts to
conduct annual school lead-copper tap water testing to monitor for
lead contamination.

SUMMARY OF PROVISIONS:
Section 1 amends the public health law by adding a new section 1110
that will require the commissioner of Health in conjunction with the
commissioner of Education to prepare and publish a report based on
the findings of the lead-copper tap water testing, and would require
that the report be sent to the commissioner of education and be
available to parents of children in the affected school.

Section 2 amends 1102 of the public health law to include a finding of
contamination pursuant to section 409-1 of the education law.

Section 3 amends the education law by adding a new section 409-1 which
requires school lead-copper tap water testing to monitor for lead
contamination (except in schools that have been built without lead
piping, or where a finding of no contamination has been made for a
period of three years) and sets forth levels that would exceed those
that are acceptable. It would also require the results to be
transmitted to the commissioner of education and the commissioner of
health. If contamination is found the school district shall:

- Continue testing until test results are acceptable;

- Supply children with an adequate supply of potable water;

- Provide parents with written notification (which is explicitly
spelled out) of test results, and district's plan to eliminate the
source of lead exposure.

Section 4 is the effective date.

JUSTIFICATION:
Research has clearly shown that lead in drinking water poses serious,
irreversible health effects to children" Currently school facilities
are required to provide "safe, potable water", but the regulations do
not call for testing where the school is not the water supplier, The
only way to ensure that the water is truly "safe and potable" is to
require testing for lead and to mandate that the results of those
tests be made public.

LEGISLATIVE HISTORY:


2011-12: S.666A
2009-10: A.2359A/S.6174 - Passed Assembly
2007-08: A.2279/S.3580 - Passed Assembly
2005-06: A.1467A - Passed Assembly
2003-04: A.1898 - Passed Assembly
2001-02: A.7677C - Passed Assembly

FISCAL IMPLICATIONS:
None to State.

EFFECTIVE DATE:
This act shall take effect September 1, 2014.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   45

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law and the education law, in relation
  to the water dispensed within public schools

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
1110 to read as follows:
  S 1110. REPORT. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER
OF EDUCATION, SHALL CAUSE TO BE PREPARED  AND  SHALL  PUBLISH  A  REPORT
BASED  ON  ANY  FINDINGS  FROM  THE ANNUAL LEAD-COPPER TAP WATER TESTING
CONDUCTED AT THE DIRECTION OF THE COMMISSIONER OF EDUCATION PURSUANT  TO
THE PROVISIONS OF SECTION FOUR HUNDRED NINE-L OF THE EDUCATION LAW. SUCH
REPORT  SHALL BE SENT TO THE COMMISSIONER OF EDUCATION AND SHALL BE MADE
AVAILABLE TO THE PARENTS AND PERSONS IN PARENTAL RELATION OF  ANY  CHILD
ATTENDING  THE  AFFECTED  SCHOOL  DISTRICT PURSUANT TO THE PROVISIONS OF
SUCH SECTION FOUR HUNDRED NINE-L.
  S 2. Subdivision 1 of section  1102  of  the  public  health  law,  as
amended  by  chapter  655  of  the  laws  of 1978, is amended to read as
follows:
  1. If any inspection discloses a violation of any rule  or  regulation
promulgated  pursuant to section one thousand one hundred of this [chap-
ter] TITLE relating to a temporary or permanent source or act of contam-
ination  OR A FINDING OF CONTAMINATION PURSUANT TO SECTION FOUR  HUNDRED
NINE-L  OF  THE EDUCATION LAW, the person, officer, board, or commission
having the management and control of the potable  water  supply  of  the
municipality,  state  or United States institution, park, reservation or
post, and in the city of New York,  the  commissioner  of  environmental
protection,  and  the  board of water supply of the city of New York, or
the corporation furnishing such supply shall cause a copy of the rule or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01091-01-3

S. 45                               2

regulation violated to be served upon the  person  violating  the  same,
with  a  notice  of such violation. If the person served does not comply
immediately with the rule or regulation violated, such person,  officer,
board,  corporation  or  commission,  except  in  a  case concerning the
violation of a rule or regulation relating to a temporary  or  permanent
source or act of contamination affecting the potable water supply of the
city of New York, shall notify the department of the violation.
  S  3.  The  education  law is amended by adding a new section 409-l to
read as follows:
  S 409-L. SCHOOL LEAD-COPPER TAP WATER TESTING.   1. THE  COMMISSIONER,
IN  CONJUNCTION  WITH  THE  COMMISSIONER OF HEALTH, SHALL REQUIRE SCHOOL
DISTRICTS TO CONDUCT AN ANNUAL SCHOOL LEAD-COPPER TAP WATER  TESTING  TO
MONITOR FOR LEAD CONTAMINATION IN EACH SCHOOL BUILDING IN SUCH DISTRICT.
EACH  SCHOOL  DISTRICT  SHALL PROVIDE THE RESULTS OF SUCH TESTING TO THE
COMMISSIONER. THE COMMISSIONER SHALL TRANSMIT A COPY OF SUCH RESULTS  TO
THE  COMMISSIONER  OF  HEALTH.   FOR PURPOSES OF THIS SECTION, TAP WATER
SHALL BE CONSIDERED CONTAMINATED IF SUCH TAP WATER EXCEEDS THE  LEAD  OR
COPPER ACTION LEVEL BASED ON FIRST-DRAW TAP SAMPLES AS PROVIDED IN RULES
AND REGULATIONS OF THE DEPARTMENT OF HEALTH AUTHORIZED UNDER SECTION TWO
HUNDRED  ONE OF THE PUBLIC HEALTH LAW.  WHERE A FINDING OF CONTAMINATION
IS MADE, THE AFFECTED SCHOOL DISTRICT SHALL:
  (A) CONTINUE TESTING EVERY SIX  MONTHS  UNTIL  TEST  RESULTS  INDICATE
ACCEPTABLE  LEAD  AND  COPPER  LEVELS  AS  AUTHORIZED  UNDER SECTION TWO
HUNDRED ONE OF THE PUBLIC HEALTH LAW;
  (B) PROVIDE STUDENTS WITH AN ADEQUATE SUPPLY OF  SAFE,  POTABLE  WATER
FOR  DRINKING  AS  REQUIRED  BY  RULES AND REGULATIONS OF THE DEPARTMENT
AUTHORIZED UNDER SECTION TWO HUNDRED ONE OF THE PUBLIC HEALTH LAW  UNTIL
FUTURE  TESTS INDICATE ACCEPTABLE LEVELS AS AUTHORIZED UNDER SECTION TWO
HUNDRED ONE OF THE PUBLIC HEALTH LAW;
  (C) PROVIDE PARENTS OF STUDENTS ATTENDING THE AFFECTED SCHOOL WITH:
  (I) WRITTEN NOTIFICATION OF TEST RESULTS;
  (II) CONFIRMATION OF STUDENTS ACCESS TO AN ADEQUATE  SUPPLY  OF  SAFE,
POTABLE WATER FOR DRINKING;
  (III)  NOTIFICATION  OF WHEN THE NEXT SCHEDULED TAP WATER TESTING WILL
OCCUR; AND
  (IV) NOTIFICATION OF THE DISTRICT'S PLAN TO ELIMINATE  THE  SOURCE  OF
LEAD EXPOSURE TO STUDENTS; AND
  (D)  PROVIDE  THE  COMMISSIONER  WITH  NOTIFICATION  OF THE DISTRICT'S
INVESTIGATION AS TO THE SOURCE OF LEAD EXPOSURE IN  THE  WATER  AND  THE
DISTRICT'S PLAN TO ELIMINATE THE SOURCE OF LEAD EXPOSURE TO STUDENTS.
  2.  FOR PURPOSES OF THIS SECTION "WRITTEN NOTIFICATION" SHALL MEAN AND
INCLUDE NOTICE IN WRITING  THAT  IS  PROVIDED  DIRECTLY  TO  THE  STAFF,
PARENTS  OR  PERSONS IN PARENTAL RELATION TO STUDENTS; OR DELIVERED TO A
RECEPTACLE DESIGNATED FOR THAT  STUDENT  OR  STAFF;  OR  MAILED  TO  THE
STUDENT'S  OR  STAFF'S  LAST  KNOWN  ADDRESS;  OR DELIVERED BY ANY OTHER
REASONABLE METHODS AUTHORIZED BY THE COMMISSIONER.
  3. SCHOOL DISTRICTS SHALL NOT BE REQUIRED TO CONDUCT ANNUAL  LEAD-COP-
PER  TAP WATER TESTING REQUIRED PURSUANT TO THIS SECTION AT THOSE SCHOOL
BUILDINGS WITHIN THE DISTRICT (A) BUILT WITHOUT THE USE OF LEAD  PIPING;
OR (B) WHERE A FINDING OF NO CONTAMINATION HAS BEEN MADE FOR A PERIOD OF
THREE CONSECUTIVE YEARS.
  S 4. This act shall take effect September 1, 2014.

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