senate Bill S45A

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:
A5289A
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:S45A

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.666-A
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, 2015.

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

                                  45--A

                       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 --  recommitted  to
  the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01091-02-4

S. 45--A                            2

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
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, 2015.

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