senate Bill S666A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 committee discharged and committed to rules
Mar 08, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to health
Dec 16, 2011 print number 666a
amend and recommit to health
Jan 05, 2011 referred to health

Bill Amendments

Original
A (Active)
Original
A (Active)

S666 - Bill Details

See Assembly Version of this Bill:
A1601A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add §1110, amd §1102, Pub Health L; add §409-l, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S6174, A2359B

S666 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S666

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. To publish a
report on findings of annual lead-copper tap water testing.

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. It is also necessary to provide for the
mandatory abatement of the cause of the lead contamination. It has
been brought to my attention that a school district detected lead


levels well above those set forth as acceptable by the EPA and the
NYS Public Health Law. There was documentation found of these
findings, and it was revealed that these results were not reported to
the EPA, the NYS Department of Health or the County Health
Department. In this case the parents were not informed of the results
and no attempt had been made to correct the cause of the lead.

LEGISLATIVE HISTORY:
2009/10: A.2359-A/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, 2012.

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

                                   666

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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 chapter
relating  to a temporary or permanent source or act of contamination  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  regulation

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01589-01-1

S. 666                              2

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-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.  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, 2012.

S666A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1601A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add §1110, amd §1102, Pub Health L; add §409-l, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S6174, A2359B

S666A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S666A REVISED 01/09/12

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:
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, 2013.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 666--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  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
post,  and  in  the  city of New York, the commissioner of environmental

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01589-02-1

S. 666--A                           2

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, 2013.

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