Senate Bill S6174

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

                                  6174

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                           September 18, 2009
                               ___________

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

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00528-04-9
              

S. 6174                             2

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.