S T A T E   O F   N E W   Y O R K
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                                  10740

                          I N  A S S E M B L Y

                              June 17, 2016
                               ___________

Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Lupardo,
  Nolan) -- (at request of the Governor) -- read once  and  referred  to
  the Committee on Ways and Means

AN ACT to amend the public health law and the education law, in relation
  to potable water testing and standards in 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. SCHOOL POTABLE WATER TESTING AND STANDARDS. 1.  IN ADDITION TO
SCHOOL DISTRICTS ALREADY CLASSIFIED AS A PUBLIC WATER SYSTEM UNDER PARTS
141  AND  142  OF  TITLE  40 OF THE CODE OF FEDERAL REGULATIONS, AS SUCH
REGULATIONS MAY, FROM TIME TO TIME, BE AMENDED,  EVERY  SCHOOL  DISTRICT
AND  BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES SHALL CONDUCT PERIODIC
FIRST-DRAWN TAP TESTING OF POTABLE WATER SYSTEMS  TO  MONITOR  FOR  LEAD
CONTAMINATION IN EACH OCCUPIED SCHOOL BUILDING UNDER ITS JURISDICTION AS
REQUIRED  BY REGULATIONS PROMULGATED PURSUANT TO THIS SECTION. THE TEST-
ING SHALL BE CONDUCTED AND THE RESULTS ANALYZED BY AN ENTITY OR ENTITIES
APPROVED BY THE COMMISSIONER.
  2. WHERE A FINDING OF LEAD CONTAMINATION IS MADE, THE AFFECTED  SCHOOL
DISTRICT  SHALL:  (A) CONTINUE FIRST-DRAWN TAP WATER TESTING PURSUANT TO
REGULATIONS PROMULGATED PURSUANT TO THIS  SECTION;  (B)  PROVIDE  SCHOOL
OCCUPANTS WITH AN ADEQUATE SUPPLY OF SAFE, POTABLE WATER FOR DRINKING AS
REQUIRED  BY  RULES AND REGULATIONS OF THE DEPARTMENT UNTIL FUTURE TESTS
INDICATE LEAD LEVELS PURSUANT TO  REGULATIONS  PROMULGATED  PURSUANT  TO
THIS SECTION; AND (C) PROVIDE PARENTS OR PERSONS IN PARENTAL RELATION TO
A  CHILD ATTENDING SAID SCHOOL WITH WRITTEN NOTIFICATION OF TEST RESULTS
AS WELL AS POSTING SUCH TEST RESULTS ON THE SCHOOL DISTRICT'S WEBSITE.
  3. FIRST-DRAWN TAP TESTING SHALL NOT BE REQUIRED FOR SCHOOL  BUILDINGS
THAT  HAVE  BEEN  DEEMED  "LEAD-FREE"  AS DEFINED BY SECTION 1417 OF THE
FEDERAL SAFE DRINKING WATER ACT.
  4. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER  OF  EDUCA-
TION,  SHALL  PROMULGATE REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS
SECTION.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,

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

                                                           LBD12093-02-6

A. 10740                            2

THE REGULATIONS PROMULGATED WITH REGARD TO LEAD LEVELS SHALL BE CONSIST-
ENT  WITH  THE  REQUIREMENTS  FOR THOSE SCHOOL DISTRICTS CLASSIFIED AS A
PUBLIC WATER SYSTEM UNDER PARTS 141 AND 142 OF TITLE 40 OF THE  CODE  OF
FEDERAL  REGULATIONS  AS  SUCH  REGULATIONS  MAY,  FROM TIME TO TIME, BE
AMENDED.
  5. THE COMMISSIONER MAY GRANT A WAIVER FROM THE  TESTING  REQUIREMENTS
OF  THIS SECTION FOR CERTAIN SCHOOL BUILDINGS, PROVIDED THAT, THE SCHOOL
DISTRICT HAS SUBSTANTIALLY COMPLIED WITH THE  TESTING  REQUIREMENTS  AND
HAS  BEEN  FOUND  TO  BE  BELOW LEAD LEVELS AS DETERMINED BY REGULATIONS
PROMULGATED PURSUANT TO THIS SECTION FOR SUCH BUILDINGS.
  6. EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL  SERVICES
CONDUCTING  TESTING PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND EACH
SCHOOL DISTRICT CLASSIFIED AS A PUBLIC WATER SYSTEM UNDER PARTS 141  AND
142  OF TITLE 40 OF THE CODE OF FEDERAL REGULATIONS, AS SUCH REGULATIONS
MAY, FROM TIME TO TIME, BE AMENDED, SHALL MAKE A COPY OF THE RESULTS  OF
ALL  SUCH TESTING AND ANY LEAD REMEDIATION PLANS AVAILABLE TO THE PUBLIC
ON ITS WEBSITE AND ANY ADDITIONAL MEANS AS CHOSEN BY SUCH DISTRICT.    A
COPY OF THE RESULTS OF ALL TESTING SHALL ALSO BE IMMEDIATELY TRANSMITTED
TO  THE  DEPARTMENT  AND  STATE  EDUCATION  DEPARTMENT IN A FORMAT TO BE
DETERMINED BY THE COMMISSIONER AND TO THE COUNTY DEPARTMENT OF HEALTH IN
THE LOCAL JURISDICTION OF  THE  SCHOOL  BUILDING.  THE  COMMISSIONER  OF
EDUCATION,  IN CONJUNCTION WITH THE COMMISSIONER, SHALL PUBLISH A REPORT
BIENNIALLY BASED ON THE FINDINGS FROM THE TAP  WATER  TESTING  CONDUCTED
ACCORDING  TO  THE PROVISIONS OF THIS SECTION. SUCH REPORT SHALL BE SENT
TO THE COMMISSIONER,  THE  GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE,  AND  THE SPEAKER OF THE ASSEMBLY AND SHALL BE MADE AVAILABLE ON
THE DEPARTMENT'S AND STATE EDUCATION DEPARTMENT'S WEBSITES.
  S 2. Section 3602 of the education law is  amended  by  adding  a  new
subdivision 6-h to read as follows:
  6-H.  BUILDING  AID FOR TESTING AND FILTERING OF POTABLE WATER SYSTEMS
FOR LEAD CONTAMINATION. IN ADDITION TO THE APPORTIONMENTS PAYABLE  TO  A
SCHOOL DISTRICT PURSUANT TO SUBDIVISION SIX OF THIS SECTION, THE COMMIS-
SIONER  IS  HEREBY  AUTHORIZED TO APPORTION TO ANY SCHOOL DISTRICT ADDI-
TIONAL BUILDING AID  PURSUANT  TO  THIS  SUBDIVISION  FOR  ITS  APPROVED
EXPENDITURES,  OTHERWISE  INELIGIBLE  FOR BUILDING AID, IN THE BASE YEAR
FOR THE TESTING OF POTABLE WATER SYSTEMS REQUIRED  PURSUANT  TO  SECTION
ELEVEN  HUNDRED TEN OF THE PUBLIC HEALTH LAW AND FOR THE INSTALLATION OF
FILTERS AND/OR OTHER EFFECTIVE REMEDIAL MEASURES FOR  IMMEDIATE  REMEDI-
ATION IN CASES WHERE A FINDING OF LEAD CONTAMINATION IS MADE PURSUANT TO
SUCH  SECTION  AND  VERIFIED BY CONFIRMATORY SAMPLING, PROVIDED THAT THE
COST OF INSTALLATION OF SUCH FILTERS  AND/OR  OTHER  EFFECTIVE  REMEDIAL
MEASURES  SHALL  BE  DEEMED  AN  APPROVED  EXPENDITURE  ONLY IF (I) SUCH
INSTALLATION AND/OR OTHER EFFECTIVE REMEDIAL MEASURES HAVE BEEN APPROVED
OR REVIEWED BY A PROFESSIONAL WITH EXPERTISE IN THE FIELD OF WATER QUAL-
ITY AND REMEDIATION AND (II) SUCH COST IS INCURRED PRIOR TO JULY  FIRST,
TWO  THOUSAND NINETEEN. SUCH AID SHALL EQUAL THE PRODUCT OF THE BUILDING
AID RATIO DEFINED PURSUANT TO PARAGRAPH C OF  SUBDIVISION  SIX  OF  THIS
SECTION  AND  THE ACTUAL APPROVED EXPENDITURES INCURRED IN THE BASE YEAR
PURSUANT TO THIS SUBDIVISION.
  S 3. Subdivision 6-e of section 3602 of the education law, as  amended
by  section 10 of part A-1 of chapter 58 of the laws of 2006, is amended
to read as follows:
  6-e. Additional apportionment of building aid for  building  condition
surveys  of  school buildings. In addition to the apportionments payable
to a school district pursuant to subdivision six of  this  section,  the
commissioner  is  hereby  authorized to apportion to any school district

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additional building aid in accordance  with  this  subdivision  for  its
approved  expenses  in  the  base year for building condition surveys of
school buildings that are conducted pursuant  to  this  subdivision  and
subdivision  four  of section thirty-six hundred forty-one of this arti-
cle. The amount of such apportionment shall equal  the  product  of  the
building aid ratio defined pursuant to paragraph c of subdivision six of
this  section  and the actual approved expenses incurred by the district
in the base year for each school building so  inspected,  provided  that
the amount of such apportionment shall not exceed the building condition
survey  aid  ceiling,  AND  PROVIDED FURTHER THAT SUCH APPROVED EXPENSES
SHALL INCLUDE APPROVED EXPENSES FOR TESTING OF POTABLE WATER SYSTEMS FOR
LEAD CONTAMINATION PURSUANT TO SECTION ELEVEN HUNDRED TEN OF THE  PUBLIC
HEALTH  LAW. For surveys conducted in the nineteen hundred ninety-eight-
-ninety-nine school year, the building condition aid  ceiling  shall  be
twenty  cents gross per square foot of floor area. For surveys conducted
in the nineteen hundred ninety-nine--two thousand school year and there-
after, the inspection aid ceiling shall be twenty cents gross per square
foot of floor area, plus an  amount  computed  by  the  commissioner  in
accordance with regulations adopted for such purpose, on the basis of an
index number reflecting changes in the costs of labor and materials from
July first, nineteen hundred ninety-eight.
  S  4.  The  commissioner  of  health and the commissioner of education
shall by December 1, 2016, submit to the governor, the temporary  presi-
dent of the senate and the speaker of the assembly a joint report on the
initial  results  of  the  tap  water testing of public school buildings
conducted pursuant to section 1110 of the public health law. Such report
shall identify the most common sources  of  lead  contamination  of  the
potable  water  systems  of  such buildings and shall recommend specific
appropriate short- and long-term remediation measures  to  address  such
contamination.
  S  5.  Paragraph  b  of subdivision 5 of section 1950 of the education
law, as amended by section 80-a of part A of chapter 58 of the  laws  of
2011, is amended to read as follows:
  b.  The  cost of services herein referred to shall be the amount allo-
cated to each component school district  by  the  board  of  cooperative
educational  services  to  defray  expenses  of  such  board,  INCLUDING
APPROVED EXPENSES FROM THE TESTING OF POTABLE WATER SYSTEMS OF  OCCUPIED
SCHOOL  BUILDINGS UNDER THE BOARD'S JURISDICTION AS REQUIRED PURSUANT TO
SECTION ELEVEN HUNDRED TEN OF THE PUBLIC HEALTH LAW,  except  that  that
part of the salary paid any teacher, supervisor or other employee of the
board  of  cooperative educational services which is in excess of thirty
thousand dollars shall not be such an approved expense, and except  also
that  administrative  and clerical expenses shall not exceed ten percent
of the total expenses for  purposes  of  this  computation.  Any  gifts,
donations  or  interest  earned  by the board of cooperative educational
services or on behalf of the board of cooperative  educational  services
by  the dormitory authority or any other source shall not be deducted in
determining the cost of services  allocated  to  each  component  school
district.  Any payments made to a component school district by the board
of cooperative educational services pursuant to  subdivision  eleven  of
section  six-p  of the general municipal law attributable to an approved
cost of service computed pursuant to this subdivision shall be  deducted
from  the  cost of services allocated to such component school district.
The expense of transportation  provided  by  the  board  of  cooperative
educational services pursuant to paragraph q of subdivision four of this
section  shall  be  eligible for aid apportioned pursuant to subdivision

A. 10740                            4

seven of section thirty-six hundred two of this chapter and no board  of
cooperative  educational  services  transportation  expense  shall be an
approved cost of services for the computation of aid under this subdivi-
sion. Transportation expense pursuant to paragraph q of subdivision four
of  this section shall be included in the computation of the ten percent
limitation on administrative and clerical expenses.
  S 6. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
commissioner of health shall be authorized to  promulgate  any  and  all
rules  and regulations necessary to implement the provisions of this act
on its effective date.