S T A T E O F N E W Y O R K
________________________________________________________________________
2359--B
Cal. No. 199
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
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Introduced by M. of A. McENENY, COLTON, MILLMAN, KOON, CANESTRARI, WEIS-
ENBERG, ENGLEBRIGHT -- Multi-Sponsored by -- M. of A. CAHILL, CLARK,
COOK, GANTT, LUPARDO, MAYERSOHN, ORTIZ, PHEFFER, WRIGHT -- read once
and referred to the Committee on Health -- reported from committee,
advanced to a third reading, amended and ordered reprinted, retaining
its place on the order of third reading -- reported from committee,
advanced to a third reading, amended and ordered reprinted, retaining
its place on the order of third reading
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-K 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-K.
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 chapter
relating to a temporary or permanent source or act of contamination OR
A FINDING OF CONTAMINATION PURSUANT TO SECTION FOUR HUNDRED NINE-K 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00528-03-9
A. 2359--B 2
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, corpo-
ration 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-k to
read as follows:
S 409-K. 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. 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 CHILDREN 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 CHILDREN ATTENDING SAID SCHOOL WITH:
(I) WRITTEN NOTIFICATION OF TEST RESULTS;
(II) CHILDREN'S AVAILABILITY 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 CHILDREN; 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 CHILDREN.
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, 2010.