NY State Senate Bill 2015-S7906

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2016	referred to health

co-Sponsors

2015-S7906 (ACTIVE) - Details

See Assembly Version of this Bill:: A9660
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1110, Pub Health L; add §409-l, Ed L; add §390-k, Soc Serv L

2015-S7906 (ACTIVE) - Summary

Relates to water testing in school buildings, child day care centers and day care homes; requires school districts, child day care centers or day care homes to notify parents if the lead action level is exceeded, develop a remediation plan and to post test results on their websites.

2015-S7906 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7906

 TITLE OF BILL :

An act to amend the public health law, the education law and the
social services law, in relation to water testing in school buildings,
child day care centers and day care homes

 PURPOSE :

To require testing for lead in the water at all schools and day care
centers in New York State, and to require parental notification.

 SUMMARY OF PROVISIONS :

Section 1110(1) of the public health law provides definitions of
"water districts" and "lead action level."

Section 1110(2) requires water districts to test for lead in the water
of all schools and day care centers every three years.

Section 1110(3) requires written notification to affected school
buildings, child day care centers, group family day care homes, and
family day care homes if the lead action level is exceeded.
Additionally, a remediation plan shall be developed.

Section 409-1(1) of the education law requires written notification
within 30 days to all parents of students in an affected school if the
lead action level is exceeded.

Section 409-1(2) requires hiring of a licensed engineering firm to
develop a lead remediation plan, which shall be sent to county/ state
department of health.

Section 409-1(3) requires that all testing results are posted on a
school district's website.

Section 390-k of the social services law requires written notification
to all parents of children attending the affected day care if the lead
action level is exceeded.

Section 390-k(2) requires hiring of a licensed engineering firm to
develop a lead remediation plan, which shall be sent to county/ state
department of health.

Section 390-k(3) requires that all testing results are posted on a day
care center's website, or are available upon request if the day care
center has no website.

 EXISTING LAW :

None.

 JUSTIFICATION :

With recent findings of high lead levels in some schools in Tompkins
County, and concerns raised statewide about aging infrastructure,
legislation is needed to fix our monitoring and reporting system for
lead in water supplies.

Improving the testing methodology, and requiring that all schools and
day care centers are routinely tested for lead, is critical to stop
exposure of children to lead.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

To be determined. State will pay for additional testing costs.

 EFFECTIVE DATE :
Immediately.

2015-S7906 (ACTIVE) - Bill Text download pdf

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

                                  7906

                            I N  S E N A T E

                              May 24, 2016
                               ___________

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

AN ACT to amend the public health law, the education law and the  social
  services  law, in relation to water testing in school buildings, child
  day care centers and day care homes

  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. WATER TESTING IN SCHOOL BUILDINGS, CHILD DAY CARE CENTERS  AND
DAY  CARE HOMES.   1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  (A) "WATER DISTRICTS" MEANS ALL COMMUNITY WATER SYSTEMS AND  NON-TRAN-
SIENT,  NON-COMMUNITY  WATER  SYSTEMS  SERVING  FIFTEEN  OR MORE SERVICE
CONNECTIONS OR SERVING TWENTY-FIVE OR MORE PERSONS; AND
  (B) "LEAD ACTION LEVEL" MEANS THE CONCENTRATION OF LEAD IN  MORE  THAN
TEN  PERCENT  OF ONE LITER FIRST-DRAW TAP WATER SAMPLES COLLECTED DURING
ANY MONITORING PERIOD EXCEEDS 0.015 MILLIGRAMS PER LITER.
  2. ALL WATER DISTRICTS SHALL TEST THE WATER IN EACH  SCHOOL  BUILDING,
CHILD  DAY  CARE  CENTER, GROUP FAMILY DAY CARE HOME AND FAMILY DAY CARE
HOME, AS DEFINED IN SECTION THREE HUNDRED NINETY OF THE SOCIAL  SERVICES
LAW, WITHIN THE WATER DISTRICT FOR LEAD CONTAMINATION EVERY THREE YEARS.
  3.  IF  THE  LEAD ACTION LEVEL IS EXCEEDED AT A SCHOOL BUILDING, CHILD
DAY CARE CENTER, GROUP FAMILY DAY CARE HOME OR FAMILY DAY CARE HOME, THE
WATER DISTRICT SHALL NOTIFY THE CHILD DAY CARE CENTER, GROUP FAMILY  DAY
CARE  HOME,  FAMILY  DAY  CARE  HOME OR THE SCHOOL DISTRICT IN WHICH THE
SCHOOL BUILDING IS LOCATED.   THE PARENTS  OF  CHILDREN  ATTENDING  SUCH
AFFECTED  SCHOOL  BUILDING, CHILD DAY CARE CENTER, GROUP FAMILY DAY CARE
HOME OR FAMILY DAY CARE HOME SHALL BE NOTIFIED AND  A  REMEDIATION  PLAN
SHALL BE DEVELOPED IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-L OF THE
EDUCATION  LAW  OR SECTION THREE HUNDRED NINETY-K OF THE SOCIAL SERVICES
LAW.
  S 2. The education law is amended by adding a  new  section  409-l  to
read as follows:

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

                                                           LBD14747-03-6

S. 7906                             2

  S  409-L.  WATER TESTING IN SCHOOL BUILDINGS. 1. WHEN THE WATER IN ANY
SCHOOL BUILDING IN A SCHOOL DISTRICT IS FOUND TO EXCEED THE LEAD  ACTION
LEVEL  PURSUANT  TO SECTION ELEVEN HUNDRED TEN OF THE PUBLIC HEALTH LAW,
SUCH SCHOOL DISTRICT SHALL, WITHIN THIRTY DAYS OF BEING NOTIFIED OF  THE
TEST  RESULTS, PROVIDE PARENTS OF STUDENTS ATTENDING THE AFFECTED SCHOOL
WITH WRITTEN NOTIFICATION OF THE TEST RESULTS.
  2. WHEN THE WATER IN ANY SCHOOL BUILDING IN A SCHOOL DISTRICT IS FOUND
TO EXCEED THE LEAD ACTION LEVEL PURSUANT TO SECTION ELEVEN  HUNDRED  TEN
OF  THE  PUBLIC  HEALTH  LAW,  THE SCHOOL DISTRICT SHALL HIRE A LICENSED
ENGINEERING FIRM TO DEVELOP A REMEDIATION PLAN TO REMOVE THE  SOURCE  OF
THE LEAD CONTAMINATION. SUCH PLAN SHALL BE SENT TO THE COUNTY DEPARTMENT
OF  HEALTH  AND/OR  THE DEPARTMENT OF HEALTH AS SPECIFIED BY THE COMMIS-
SIONER OF HEALTH PURSUANT TO REGULATION.
  3. THE RESULTS OF ALL TESTS PERFORMED AT EACH SCHOOL BUILDING WITHIN A
SCHOOL DISTRICT PURSUANT TO SECTION ELEVEN HUNDRED  TEN  OF  THE  PUBLIC
HEALTH  LAW  SHALL  BE  POSTED  IN  AN  ELECTRONIC FORMAT ON SUCH SCHOOL
DISTRICT'S WEBSITE.
  S 3. The social services law is amended by adding a new section  390-k
to read as follows:
  S  390-K.  WATER TESTING IN CHILD DAY CARE CENTERS AND DAY CARE HOMES.
1. WHEN THE WATER IN ANY CHILD DAY CARE CENTER, GROUP  FAMILY  DAY  CARE
HOME  OR  FAMILY  DAY CARE HOME IS FOUND TO EXCEED THE LEAD ACTION LEVEL
PURSUANT TO SECTION ELEVEN HUNDRED TEN OF THE PUBLIC  HEALTH  LAW,  SUCH
CHILD  DAY  CARE  CENTER,  GROUP FAMILY DAY CARE HOME OR FAMILY DAY CARE
HOME SHALL, WITHIN THIRTY DAYS OF BEING NOTIFIED OF  THE  TEST  RESULTS,
PROVIDE  PARENTS  OF  CHILDREN  ATTENDING  THE  AFFECTED  CHILD DAY CARE
CENTER, GROUP FAMILY DAY CARE HOME OR FAMILY DAY CARE HOME WITH  WRITTEN
NOTIFICATION OF THE TEST RESULTS.
  2.  WHEN THE WATER IN ANY CHILD DAY CARE CENTER, GROUP FAMILY DAY CARE
HOME OR FAMILY DAY CARE HOME IS FOUND TO EXCEED THE  LEAD  ACTION  LEVEL
PURSUANT  TO  SECTION  ELEVEN HUNDRED TEN OF THE PUBLIC HEALTH LAW, SUCH
CHILD DAY CARE CENTER, GROUP FAMILY DAY CARE HOME  OR  FAMILY  DAY  CARE
HOME  SHALL  HIRE  A  LICENSED ENGINEERING FIRM TO DEVELOP A REMEDIATION
PLAN TO REMOVE THE SOURCE OF THE LEAD CONTAMINATION. SUCH PLAN SHALL  BE
SENT  TO THE COUNTY DEPARTMENT OF HEALTH AND/OR THE DEPARTMENT OF HEALTH
AS SPECIFIED BY THE COMMISSIONER OF HEALTH PURSUANT TO REGULATION.
  3. THE RESULTS OF ALL TESTS PERFORMED AT  A  CHILD  DAY  CARE  CENTER,
GROUP  FAMILY  DAY CARE HOME OR FAMILY DAY CARE HOME PURSUANT TO SECTION
ELEVEN HUNDRED TEN OF THE PUBLIC HEALTH LAW SHALL BE POSTED IN AN  ELEC-
TRONIC  FORMAT  ON  SUCH  CHILD DAY CARE CENTER'S, GROUP FAMILY DAY CARE
HOME'S OR FAMILY DAY CARE HOME'S WEBSITE OR BE AVAILABLE UPON REQUEST IF
SUCH CHILD DAY CARE CENTER, GROUP FAMILY DAY CARE  HOME  OR  FAMILY  DAY
CARE HOME DOES NOT HAVE A WEBSITE.
  S 4. This act shall take effect immediately.

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Senate Bill S7906

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

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co-Sponsors

2015-S7906 (ACTIVE) - Details

2015-S7906 (ACTIVE) - Summary

2015-S7906 (ACTIVE) - Sponsor Memo

2015-S7906 (ACTIVE) - Bill Text download pdf

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Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

co-Sponsors

Bill Perkins

2015-S7906 (ACTIVE) - Details

2015-S7906 (ACTIVE) - Summary

2015-S7906 (ACTIVE) - Sponsor Memo

2015-S7906 (ACTIVE) - Bill Text download pdf

Comments