The New York State Senate

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

                                  9687

                          I N  A S S E M B L Y

                             March 29, 2016
                               ___________

Introduced  by  M.  of  A. LUPARDO, GOTTFRIED, ROSENTHAL, GALEF, CAHILL,
  DINOWITZ,  LAVINE,  JAFFEE,  SANTABARBARA,  SOLAGES,  HOOPER,  MOSLEY,
  BLAKE, JOYNER, MAYER, LINARES, JEAN-PIERRE -- Multi-Sponsored by -- M.
  of  A.  ABBATE,  COOK, GIGLIO, GLICK, McDONOUGH, McLAUGHLIN, PICHARDO,
  SIMON, THIELE -- read once and referred to the Committee on Education

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.  EVERY  SCHOOL
DISTRICT  AND  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  SHALL,  AS
PROVIDED IN REGULATIONS PROMULGATED PURSUANT TO  THIS  SECTION,  CONDUCT
PERIODIC  TESTING OF SCHOOL POTABLE WATER SOURCES AND SYSTEMS TO MONITOR
FOR LEAD CONTAMINATION IN EACH SCHOOL BUILDING UNDER  SUCH  DISTRICT  OR
BOARD'S  JURISDICTION  (A)  WHICH  WAS  BUILT  PRIOR TO NINETEEN HUNDRED
EIGHTY-SIX, AND (B) WHERE REQUIRED BY REGULATIONS  PROMULGATED  PURSUANT
TO THIS SECTION. THE TESTING SHALL BE CONDUCTED AND THE RESULTS ANALYZED
BY AN ENTITY OR ENTITIES APPROVED BY THE COMMISSIONER.
  2.  THE  COMMISSIONER  SHALL  ESTABLISH  STANDARDS  FOR ALLOWABLE LEAD
LEVELS IN SCHOOL POTABLE WATER. POTABLE WATER IN EACH SCHOOL  SHALL  NOT
CONTAIN LEAD LEVELS HIGHER THAN SUCH STANDARDS.
  3.  THE  COMMISSIONER SHALL ESTABLISH REQUIREMENTS FOR THE REMEDIATION
OF SCHOOL POTABLE WATER THAT EXCEEDS APPLICABLE  LEAD  LEVEL  STANDARDS,
INCLUDING  REQUIREMENTS FOR RE-TESTING SUCH SCHOOL POTABLE WATER SOURCES
AND SYSTEMS.
  4. EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL  SERVICES
SHALL  MAKE  A  COPY OF THE RESULTS OF ALL TESTING CONDUCTED PURSUANT TO
THIS SECTION AVAILABLE TO THE PUBLIC ON ITS WEBSITE  AND  IN  ADDITIONAL
MEANS  AS  CHOSEN  BY  SUCH  DISTRICT OR BOARD AND SHALL NOTIFY PARENTS,
TEACHERS, EMPLOYEE ORGANIZATIONS AND ANY OTHER RELEVANT PARTY THAT  SUCH
TEST RESULTS ARE AVAILABLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14805-01-6

A. 9687                             2

  5.  THE  COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCA-
TION, SHALL PROMULGATE REGULATIONS TO CARRY OUT THE PROVISIONS  OF  THIS
SECTION.    THE  REGULATIONS  SHALL  ALLOW  REASONABLE  TIMES FOR SCHOOL
DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES TO COMPLY  WITH
SUCH  REGULATIONS  CONSISTENT  WITH  PROTECTING  THE  HEALTH  OF  SCHOOL
STUDENTS AND PERSONNEL.
  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 POTABLE WATER SOURCES AND SYSTEMS TESTING.  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 ADDITIONAL BUILDING AID PURSUANT  TO
THIS  SUBDIVISION FOR ITS APPROVED EXPENDITURES IN THE BASE YEAR FOR THE
TESTING AND, WHERE NECESSARY, REMEDIATION OF POTABLE WATER  SOURCES  AND
SYSTEMS  REQUIRED  PURSUANT  TO SECTION ELEVEN HUNDRED TEN OF THE PUBLIC
HEALTH  LAW,  PROVIDED,  HOWEVER,  THAT  FUNDS  APPORTIONED  TO   SCHOOL
DISTRICTS PURSUANT TO THIS SECTION SHALL NOT SUPPLANT FUNDS FOR EXISTING
DISTRICT  EXPENDITURES  OR  FOR  EXISTING CONTRACTUAL OBLIGATIONS OF THE
DISTRICT FOR THE TESTING AND REMEDIATION OF POTABLE  WATER  SOURCES  AND
SYSTEMS. SUCH ADDITIONAL AID SHALL EQUAL THE PRODUCT OF THE BUILDING AID
RATIO  COMPUTED  FOR  USE IN THE CURRENT YEAR PURSUANT TO PARAGRAPH C OF
SUBDIVISION SIX OF THIS SECTION AND  THE  ACTUAL  APPROVED  EXPENDITURES
INCURRED  IN  THE  BASE YEAR PURSUANT TO THIS SUBDIVISION, PROVIDED THAT
THE LIMITATIONS ON COST ALLOWANCES PRESCRIBED BY PARAGRAPH A OF SUBDIVI-
SION SIX OF THIS SECTION SHALL NOT APPLY.  THE COMMISSIONER SHALL  ANNU-
ALLY  PRESCRIBE A SPECIAL COST ALLOWANCE FOR THE TESTING AND REMEDIATION
OF POTABLE WATER SOURCES AND SYSTEMS AND THE APPROVED EXPENDITURES SHALL
NOT EXCEED SUCH COST ALLOWANCE.
  S 3. This act shall take effect immediately.

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

                                 9687--A

                          I N  A S S E M B L Y

                             March 29, 2016
                               ___________

Introduced  by  M.  of  A. LUPARDO, GOTTFRIED, ROSENTHAL, GALEF, CAHILL,
  DINOWITZ,  LAVINE,  JAFFEE,  SANTABARBARA,  SOLAGES,  HOOPER,  MOSLEY,
  BLAKE,  JOYNER,  MAYER,  LINARES, JEAN-PIERRE, FAHY, PALMESANO, ROZIC,
  BARRON, BARRETT, CANCEL, ARROYO, HAWLEY, ZEBROWSKI, RUSSELL --  Multi-
  Sponsored  by  --  M. of A.  ABBATE, COOK, ENGLEBRIGHT, GIGLIO, GLICK,
  McDONOUGH, McLAUGHLIN,  PICHARDO,  SIMON,  THIELE  --  read  once  and
  referred  to  the Committee on Education -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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. UNLESS CLASSI-
FIED AS A PUBLIC WATER SYSTEM UNDER THE FEDERAL  1991  LEAD  AND  COPPER
RULE  40 CFR PARTS 141 AND 142, EVERY SCHOOL DISTRICT AND BOARD OF COOP-
ERATIVE EDUCATIONAL SERVICES  SHALL  CONDUCT  PERIODIC  FIRST-DRAWN  TAP
TESTING  FOR  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 TESTING SHALL BE
CONDUCTED AND THE RESULTS ANALYZED BY AN ENTITY OR ENTITIES APPROVED  BY
THE  COMMISSIONER. TESTING SHALL BE CONDUCTED AT A TIME WHEN THE COMMIS-
SIONER HAS DETERMINED THAT LEAD LEVELS ARE ANTICIPATED TO  BE  AT  THEIR
HIGHEST.  THE  COMMISSIONER SHALL ESTABLISH STANDARDS FOR ALLOWABLE LEAD
LEVELS IN SCHOOL POTABLE WATER SYSTEMS.
  2. WHERE PERIODIC FIRST-DRAW TAP TESTING RESULTS  IN  FINDINGS  OF  NO
CONTAMINATION  FOR A PERIOD TO BE DETERMINED BY THE COMMISSIONER, FIRST-
DRAWN TAP WATER TESTING SHALL BE CONDUCTED PERIODICALLY AT  A  FREQUENCY
TO BE DETERMINED BY THE COMMISSIONER.
  3.  WHERE  A  FINDING  OF  CONTAMINATION  IS MADE, THE AFFECTED SCHOOL
SHALL: (A) CONTINUE FIRST-DRAWN TAP WATER TESTING  AT  LEAST  EVERY  SIX
MONTHS  UNTIL  TEST  RESULTS INDICATE ACCEPTABLE LEAD LEVELS PURSUANT TO

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

                                                           LBD14805-02-6

A. 9687--A                          2

SUBDIVISION ONE OF 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 ACCEPTABLE
LEVELS  PURSUANT  TO  SUBDIVISION  ONE  OF 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.
  4.  POTABLE  TAP WATER TESTING SHALL NOT BE REQUIRED FOR SCHOOL BUILD-
INGS BUILT AFTER TWO THOUSAND FOURTEEN OR AS DETERMINED BY  THE  COMMIS-
SIONER THROUGH REGULATIONS PROMULGATED PURSUANT TO THIS SECTION.
  5.  EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES
CONDUCTING TESTING PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND  EACH
SCHOOL  CLASSIFIED  AS A PUBLIC WATER SYSTEM UNDER THE FEDERAL 1991 LEAD
AND COPPER RULE 40 C.F.R. PARTS 141 AND 142 WHICH IS REQUIRED TO CONDUCT
TESTING UNDER SUCH FEDERAL LAW SHALL MAKE A COPY OF THE RESULTS  OF  ALL
SUCH  TESTING  AVAILABLE TO THE PUBLIC ON ITS WEBSITE AND ANY ADDITIONAL
MEANS AS CHOSEN BY SUCH DISTRICT, SCHOOL OR BOARD AND MAY MAKE ANY  LEAD
REMEDIATION  PLANS  AVAILABLE BY SUCH MEANS. EACH SCHOOL DISTRICT, BOARD
OF COOPERATIVE EDUCATIONAL SERVICES, AND SCHOOLS CLASSIFIED AS A  PUBLIC
WATER  SYSTEM  UNDER  THE  FEDERAL  1991  LEAD AND COPPER RULE 40 C.F.R.
PARTS 141 AND 142 SHALL NOTIFY PARENTS  OR  PERSONS  IN  RELATION  TO  A
CHILD,  TEACHERS,  SCHOOL ADMINISTRATORS, EMPLOYEE ORGANIZATIONS AND ANY
OTHER RELEVANT PARTY THAT SUCH TEST RESULTS  AND  ANY  LEAD  REMEDIATION
PLANS  ARE AVAILABLE. A COPY OF THE RESULTS OF ALL TESTING SHALL ALSO BE
TRANSMITTED TO THE STATE DEPARTMENT OF HEALTH IN A FORMAT TO  BE  DETER-
MINED  BY THE COMMISSIONER AND TO THE COUNTY DEPARTMENT OF HEALTH IN THE
LOCAL JURISDICTION OF THE SCHOOL BUILDING. THE COMMISSIONER, IN CONJUNC-
TION WITH THE COMMISSIONER OF EDUCATION, SHALL PUBLISH A REPORT BASED ON
THE FINDINGS FROM THE TAP  WATER  TESTING  CONDUCTED  ACCORDING  TO  THE
PROVISIONS OF THIS ARTICLE. SUCH REPORT SHALL BE SENT TO THE COMMISSION-
ER  OF  EDUCATION,  THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
AND THE SPEAKER OF THE ASSEMBLY AND  SHALL  BE  MADE  AVAILABLE  TO  THE
PARENTS  OR  PERSONS  IN  PARENTAL  RELATION  OF ANY CHILD ATTENDING THE
AFFECTED SCHOOL DISTRICT ON THE DISTRICT'S WEBSITE.
  6. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER  OF  EDUCA-
TION,  SHALL  PROMULGATE REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS
SECTION.
  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 POTABLE WATER SOURCES AND SYSTEMS TESTING.  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 ADDITIONAL BUILDING AID PURSUANT  TO
THIS  SUBDIVISION FOR ITS APPROVED EXPENDITURES IN THE BASE YEAR FOR THE
TESTING OF POTABLE WATER SYSTEMS REQUIRED  PURSUANT  TO  SECTION  ELEVEN
HUNDRED  TEN  OF THE PUBLIC HEALTH LAW. SUCH AID SHALL EQUAL THE PRODUCT
OF THE BUILDING AID RATIO COMPUTED FOR USE IN THE CURRENT YEAR  PURSUANT
TO  PARAGRAPH  C  OF  SUBDIVISION  SIX  OF  THIS  SECTION AND THE ACTUAL
APPROVED EXPENDITURES INCURRED IN THE BASE YEAR PURSUANT TO THIS  SUBDI-
VISION,  PROVIDED  THAT THE LIMITATIONS ON COST ALLOWANCES PRESCRIBED BY
PARAGRAPH A OF SUBDIVISION SIX OF THIS SECTION SHALL  NOT  APPLY.    THE
COMMISSIONER SHALL PRESCRIBE A SPECIAL COST ALLOWANCE FOR THE TESTING OF
POTABLE  WATER  SOURCES  AND SYSTEMS AND THE APPROVED EXPENDITURES SHALL
NOT EXCEED SUCH COST ALLOWANCE.

A. 9687--A                          3

  S 3. 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  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 computa-
tion. Any gifts, donations or interest earned by the  board  of  cooper-
ative  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 attrib-
utable to an approved cost of service computed pursuant to this subdivi-
sion 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 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  subdivision. 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 4. This act shall take effect immediately.

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

                                 9687--B

                          I N  A S S E M B L Y

                             March 29, 2016
                               ___________

Introduced  by  M.  of  A. LUPARDO, GOTTFRIED, ROSENTHAL, GALEF, CAHILL,
  DINOWITZ,  LAVINE,  JAFFEE,  SANTABARBARA,  SOLAGES,  HOOPER,  MOSLEY,
  BLAKE,  JOYNER,  MAYER,  LINARES, JEAN-PIERRE, FAHY, PALMESANO, ROZIC,
  BARRON, BARRETT, CANCEL, ARROYO, HAWLEY, ZEBROWSKI, RUSSELL,  CASTORI-
  NA,   WALKER,   SKOUFIS,  ORTIZ,  LIFTON,  McDONALD,  OTIS,  BUCHWALD,
  PEOPLES-STOKES, MURRAY, McLAUGHLIN, RAIA, GIGLIO, KAVANAGH,  MAGNAREL-
  LI,  SEAWRIGHT -- Multi-Sponsored by -- M. of A. ABBATE, COOK, CROUCH,
  ENGLEBRIGHT, GLICK, McDONOUGH, McKEVITT, PICHARDO,  SIMON,  THIELE  --
  read  once  and  referred  to  the Committee on Education -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- again reported from said  committee  with  amend-
  ments, ordered reprinted as amended and recommitted to said committee

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 PERIODIC FIRST-DRAW TAP TESTING RESULTS  IN  FINDINGS  OF  NO
CONTAMINATION  FOR A PERIOD TO BE DETERMINED BY THE COMMISSIONER, FIRST-
DRAWN TAP WATER TESTING SHALL BE CONDUCTED PERIODICALLY AT  A  FREQUENCY
TO BE DETERMINED BY THE COMMISSIONER.
  3.  WHERE A FINDING OF LEAD CONTAMINATION IS MADE, THE AFFECTED SCHOOL
DISTRICT SHALL: (A) CONTINUE FIRST-DRAWN  TAP  WATER  TESTING  AT  LEAST

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

                                                           LBD14805-08-6

A. 9687--B                          2

EVERY  SIX  MONTHS  UNTIL TEST RESULTS INDICATE LEAD LEVELS BELOW ACTION
LEVELS ESTABLISHED 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  ACCEPTABLE  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.
  4.  POTABLE  TAP WATER TESTING SHALL NOT BE REQUIRED FOR SCHOOL BUILD-
INGS BUILT AFTER TWO THOUSAND FOURTEEN.
  5. 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,
THE  REGULATIONS  PROMULGATED  WITH REGARD TO ACCEPTABLE LEAD LEVELS AND
TESTING FREQUENCY SHALL BE CONSISTENT 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.
  6. 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 ACTION LEVELS ESTABLISHED PURSUANT TO THIS
SECTION OF LEAD AS DETERMINED BY  REGULATIONS  PROMULGATED  PURSUANT  TO
THIS SECTION FOR SUCH BUILDINGS.
  7.  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 AVAILABLE TO THE PUBLIC ON ITS WEBSITE  AND  ANY  ADDI-
TIONAL  MEANS AS CHOSEN BY SUCH DISTRICT AND SHALL MAKE ANY LEAD REMEDI-
ATION PLANS AVAILABLE BY SUCH MEANS.  A COPY OF THE RESULTS OF ALL TEST-
ING SHALL ALSO BE TRANSMITTED TO THE DEPARTMENT'S  AND  STATE  EDUCATION
DEPARTMENT'S  WEBSITES  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, IN CONJUNCTION WITH THE COMMISSIONER
OF EDUCATION, SHALL PUBLISH A REPORT 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 OF EDUCATION,  THE  GOVER-
NOR,  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  REMEDIATION  OF  POTABLE  WATER
SYSTEMS.  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 ADDITIONAL  BUILDING  AID
PURSUANT  TO  THIS SUBDIVISION FOR ITS APPROVED EXPENDITURES IN THE BASE
YEAR FOR THE TESTING AND REMEDIATION OF POTABLE WATER  SYSTEMS  REQUIRED
PURSUANT  TO  SECTION  ELEVEN HUNDRED TEN OF THE PUBLIC HEALTH LAW. 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  SUBDI-
VISION,  PROVIDED  THAT THE LIMITATIONS ON COST ALLOWANCES PRESCRIBED BY

A. 9687--B                          3

PARAGRAPH A OF SUBDIVISION SIX OF THIS SECTION SHALL  NOT  APPLY.    THE
COMMISSIONER SHALL PRESCRIBE A SPECIAL COST ALLOWANCE FOR THE TESTING OF
POTABLE  WATER  SYSTEMS  AND  THE APPROVED EXPENDITURES SHALL NOT EXCEED
SUCH COST ALLOWANCE.  THE COMMISSIONER SHALL DETERMINE WHAT QUALIFIES AS
AN  APPROVED  EXPENSE  FOR  THE  REMEDIATION  OF  POTABLE  WATER SYSTEMS
REQUIRED AS A RESULT OF WATER  TESTING  CONDUCTED  PURSUANT  TO  SECTION
ELEVEN HUNDRED TEN OF THE PUBLIC HEALTH LAW.
  S  3.  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  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 computa-
tion. Any gifts, donations or interest earned by the  board  of  cooper-
ative  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 attrib-
utable to an approved cost of service computed pursuant to this subdivi-
sion 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 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  subdivision. 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 4. Subdivision 6-f of section 3602 of the education law, as added by
section 19 of part H of chapter 83 of the laws of 2002,  is  amended  to
read as follows:
  6-f. Additional apportionment of building aid for certain projects. a.
In  addition  to the apportionment payable to a school district pursuant
to subdivision six of this section, the commissioner is  hereby  author-
ized  to apportion to any school district additional building aid in the
amount equal to the product of its approved  expenditures  in  the  base
year  for capital outlays from the district's general fund, capital fund
or reserved funds that are incurred on or after July first, two thousand
two for an eligible school construction project as defined in  paragraph
b  of this subdivision, and the district's applicable building aid ratio
as defined pursuant to paragraph c of subdivision six of  this  section.
Approved   expenditures   for   capital   outlays  for  eligible  school
construction projects that are eligible for an apportionment pursuant to
this subdivision shall not be eligible for aid pursuant  to  subdivision
six of this section.

A. 9687--B                          4

  b.   For  the  purposes  of  this  subdivision,  an  "eligible  school
construction project" shall mean a school construction project  that  is
entirely funded from capital outlays and:
  (1)  has a total project cost of one hundred thousand dollars or less;
provided however, that for any district, no more than one project  shall
be  eligible  pursuant  to this subparagraph for an apportionment within
the same school year; and/or
  (2) is a construction emergency project to remediate  emergency  situ-
ations  which  arise  in public school buildings and threaten the health
and/or safety of building occupants, as a result  of  the  unanticipated
discovery  of asbestos or other hazardous substances during construction
work on a school or significant damage caused by a fire, snow storm, ice
storm, excessive rain, high winds, flood or a similar catastrophic event
which results in the necessity for immediate repair.  APPROVED  EXPENDI-
TURES  PURSUANT  TO  THIS SECTION SHALL INCLUDE EXPENDITURES THE COMMIS-
SIONER APPROVES FOR THE IMMEDIATE REMEDIATION OF POTABLE  WATER  SYSTEMS
DUE  TO  LEAD  CONTAMINATION,  REQUIRED  AS  A  RESULT  OF WATER TESTING
CONDUCTED PURSUANT TO SECTION ELEVEN HUNDRED TEN OF  THE  PUBLIC  HEALTH
LAW; and/or
  (3)  if  bonded  pursuant  to  paragraph  j of subdivision six of this
section, would cause a city school district in a  city  having  a  popu-
lation  of  less  than  one  hundred twenty-five thousand inhabitants to
exceed ninety-five percent of its constitutional  debt  limit  provided,
however,  that any debt issued pursuant to paragraph c of section 104.00
of the local finance law shall not be included in such calculation.
  S 5. This act shall take effect on the sixtieth  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.