NY State Senate Bill S7103C

Archive: Last Bill Status - Passed Senate

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

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Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 16, 2016	referred to education delivered to assembly passed senate
Jun 15, 2016	ordered to third reading cal.1780 committee discharged and committed to rules
Jun 13, 2016	print number 7103c
Jun 13, 2016	amend and recommit to health
Jun 10, 2016	print number 7103b
Jun 10, 2016	amend and recommit to health
Jun 02, 2016	print number 7103a
Jun 02, 2016	amend and recommit to health
Mar 28, 2016	referred to health

Votes

Bill Amendments

Original

C (Active)

Original

C (Active)

Co-Sponsors

view additional co-sponsors

S7103 - Details

See Assembly Version of this Bill:: A9687
Current Committee:: Assembly Education
Law Section:: Public Health Law
Laws Affected:: Add §1110, Pub Health L; amd §§3602 & 1950, Ed L

S7103 - Summary

Requires school districts and boards of cooperative educational services to conduct periodic testing of school potable water sources and systems to monitor for lead contamination in certain school buildings; provides additional aid to such districts and boards for the costs incurred due to the testing of such potable water sources and systems containing an unacceptable amount of lead.

S7103 - Sponsor Memo

 BILL NUMBER:  S7103

 TITLE OF BILL :

An act to amend the public health law and the education law, in
relation to potable water testing and standards in schoolsÑ

 PURPOSE :

The purpose of this bill is to ensure that drinking water in schools
is safe and free of lead contamination by requiring testing of potable
water sources and systems through regulations established by the DOH
and SED.

 SUMMARY OF PROVISIONS :

§ 1 amends the public health law by adding a new section 1110, which
directs the Department of Health in consultation with the State
Education Department to promulgate regulations requiring school
districts to test potable water sources and systems for lead. The
section also provides general guidelines for the regulations.

§ 2 amends section 3602 of the education law by adding subdivision
6-h, which authorizes the Commissioner of the State Education to
authorize funding to cover the expense related to testing and
remediation of potable water sources and systems.

§ 3 is the effective date.

 JUSTIFICATION :

Concerns over lead contamination in drinking water have gained
national attention recently due to the contamination in Flint,
Michigan. In New York State, concerns over lead contamination in
school drinking water became prominent after a number of schools were
forced to shut down drinking water sources after tests showed levels
of lead over acceptable Federal levels.

Studies show that lead poisoning is most detrimental to young
children, who absorb lead faster than adults. High lead blood levels
can damage a child's ability to learn and cause brain damage. Most
state and federal laws and regulations focus on the testing of
children for lead poisoning, but not the environments where they spend
the most time outside of their home.

There are two federal rules that address lead in the drinking water,
the Lead Contamination Control Act (1988) and The Lead and Copper Rule
- LCR (1991, amended in 2000). These rules provide guidelines for the
testing of water for lead contamination. For schools, those guidelines
are recommendations and are not mandatory.

Recent incidents of lead contamination have been found to take place
within schools buildings, where the testing and remediation is left up
to the school districts. This bill will ensure that regular testing is
completed and ensures that parents, teachers and others are notified
of testing and the results in a timely manner. The bill also allows
school aid to be used for the testing and remediation of lead
contamination in school districts.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None to the State.
 EFFECTIVE DATE :
The act shall take effect immediately.

S7103 - Bill Text download pdf

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

                                  7103

                            I N  S E N A T E

                             March 28, 2016
                               ___________

Introduced  by  Sen.  O'MARA -- 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 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.
  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

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

                                                           LBD14805-01-6

S. 7103                             2

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.

Co-Sponsors

view additional co-sponsors

S7103A - Details

See Assembly Version of this Bill:: A9687
Current Committee:: Assembly Education
Law Section:: Public Health Law
Laws Affected:: Add §1110, Pub Health L; amd §§3602 & 1950, Ed L

S7103A - Summary

S7103A - Sponsor Memo

 BILL NUMBER:  S7103A

 TITLE OF BILL :  An act to amend the public health law and the
education law, in relation to potable water testing and standards in
schools

 PURPOSE :

The purpose of this bill is to ensure that drinking water in schools
is safe and free of lead contamination by requiring testing of potable
water sources and systems through regulations established by the DOH
and SED.

 SUMMARY OF PROVISIONS :

§ 1 amends the public health law by adding a new section 1110, which
directs the Department of Health in consultation with the State
Education Department to promulgate regulations requiring school
districts to test potable water sources and systems for lead. The
section also provides general guidelines for the regulations.

§ 2 amends section 3602 of the education law by adding subdivision
6-h, which authorizes the Commissioner of the State Education to
authorize funding to cover the expense related to testing and
remediation of potable water sources and systems.

§ 3 is the effective date.

 JUSTIFICATION :

Concerns over lead contamination in drinking water have gained
national attention recently due to the contamination in Flint,
Michigan. In New York State, concerns over lead contamination in
school drinking water became prominent after a number of schools were
forced to shut down drinking water sources after tests showed levels
of lead over acceptable Federal levels.

Studies show that lead poisoning is most detrimental to young
children, who absorb lead faster than adults. High lead blood levels
can damage a child's ability to learn and cause brain damage. Most
state and federal laws and regulations focus on the testing of
children for lead poisoning, but not the environments where they spend
the most time outside of their home.  There are two federal rules that
address lead in the drinking water, the Lead Contamination Control Act
(1988) and The Lead and Copper Rule - LCR (1991, amended in 2000).
These rules provide guidelines for the testing of water for lead
contamination. For schools, those guidelines are recommendations and
are not mandatory.

Recent incidents of lead contamination have been found to take place
within schools buildings, where the testing and remediation is left up
to the school districts. This bill will ensure that regular testing is
completed and ensures that parents, teachers and others are notified
of testing and the results in a timely manner. The bill also allows
school aid to be used for the testing and remediation of lead
contamination in school districts.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
The act shall take effect immediately.

S7103A - Bill Text download pdf

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

                                 7103--A

                            I N  S E N A T E

                             March 28, 2016
                               ___________

Introduced  by Sens. O'MARA, MARCELLINO, ADDABBO, AMEDORE, AVELLA, BONA-
  CIC, CARLUCCI, FUNKE, LATIMER, MARCHIONE, MURPHY, RANZENHOFER, SERINO,
  VALESKY -- 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  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
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

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

                                                           LBD14805-03-6

S. 7103--A                          2

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.
  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

S. 7103--A                          3

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.

Co-Sponsors

view additional co-sponsors

S7103B - Details

See Assembly Version of this Bill:: A9687
Current Committee:: Assembly Education
Law Section:: Public Health Law
Laws Affected:: Add §1110, Pub Health L; amd §§3602 & 1950, Ed L

S7103B - Summary

S7103B - Sponsor Memo

 BILL NUMBER:  S7103B

 TITLE OF BILL :

An act to amend the public health law and the education law, in
relation to potable water testing and standards in schools

 PURPOSE :

The purpose of this bill is to ensure that drinking water in schools
is safe and free of lead contamination by requiring testing of potable
water sources and systems through regulations established by the DOH
and SED.

 SUMMARY OF PROVISIONS :

§ 1 amends the public health law by adding a new section 1110, which
directs the Department of Health in consultation with the State
Education Department to promulgate regulations requiring school
districts to test potable water sources and systems for lead. The
section also provides general guidelines for the regulations and
reporting of test results.

§ 2 amends section 3602 of the education law by adding subdivision 6h,
which authorizes the Commissioner of the State Education to authorize
funding to cover the expense related to testing and remediation of

potable water sources and systems.

§ 3 amends section 1950 (5)b of the education law authorizing funding
for board of cooperative educational services to defray expenses
related to the cost of water testing and remediation.

§ 4 amends subdivision 6-f of section 3602 of the education law,
authorizing the Commissioner of Education to approve expenditures
related to the immediate remediation of potable water systems due to
lead contamination as a construction emergency project.

§ 4 is the effective date.

 JUSTIFICATION :

Concerns over lead contamination in drinking water have gained
national attention recently due to the contamination in Flint,
Michigan. In New York State, concerns over lead contamination in
school drinking water became prominent after a number of schools were
forced to shut down drinking water sources after tests showed levels
of lead over acceptable Federal levels.

Studies show that lead poisoning is most detrimental to young
children, who absorb lead faster than adults. High lead blood levels
can damage a child's ability to learn and cause brain damage. Most
state and federal laws and regulations focus on the testing of
children for lead poisoning, but not the environments where they spend
the most time outside of their home.

There are two federal rules that address lead in the drinking water,
the Lead Contamination Control Act (1988) and The Lead and Copper Rule
- LCR (1991, amended in 2000). These rules provide guidelines for the
testing of water for lead contamination. For schools, those guidelines
are recommendations and are not mandatory.

Recent incidents of lead contamination have been found to take place
within schools buildings, where the testing and remediation is left up
to the school districts. This bill will ensure that regular testing is
completed and ensures that parents, teachers and others are notified
of testing and the results in a timely manner. The bill also allows
school aid to be used for the testing and remediation of lead
contamination in school districts.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None to the State.

 FISCAL IMPLICATIONS FOR SCHOOL DISTRICTS :

This bill will ensure that the cost of testing and remediation is
covered under school building aid apportionments. The bill will also
ensure that testing costs are covered for BOCES. The bill will also
allow approved remediation projects to be eligible for additional aid
when considered a construction emergency project. The State Education
Department has provided verification that the cost of lead remediation
is already an expense that is covered by state building aid.

 EFFECTIVE DATE :
The 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.

S7103B - Bill Text download pdf

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

                                 7103--B

                            I N  S E N A T E

                             March 28, 2016
                               ___________

Introduced  by Sens. O'MARA, MARCELLINO, ADDABBO, AMEDORE, AVELLA, BONA-
  CIC, CARLUCCI, FUNKE, LATIMER, MARCHIONE, MURPHY, RANZENHOFER, SERINO,
  VALESKY -- 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  commit-
  tee  --  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 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
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

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

                                                           LBD14805-09-6

S. 7103--B                          2

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
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

S. 7103--B                          3

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.
  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

S. 7103--B                          4

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.

Co-Sponsors

view additional co-sponsors

S7103C (ACTIVE) - Details

See Assembly Version of this Bill:: A9687
Current Committee:: Assembly Education
Law Section:: Public Health Law
Laws Affected:: Add §1110, Pub Health L; amd §§3602 & 1950, Ed L

S7103C (ACTIVE) - Summary

S7103C (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S7103C

 TITLE OF BILL :  An act to amend the public health law and the
education law, in relation to potable water testing and standards in
schools

 PURPOSE :

The purpose of this bill is to ensure that drinking water in schools
is safe and free of lead contamination by requiring testing of potable
water sources and systems through regulations established by the DOH
and SED.

 SUMMARY OF PROVISIONS :

§ 1 amends the public health law by adding a new section 1110, which
directs the Department of Health in consultation with the State
Education Department to promulgate regulations requiring school
districts to test potable water sources and systems for lead. The
section also provides general guidelines for the regulations and
reporting of test results.

§ 2 amends section 3602 of the education law by adding subdivision 6h,
which authorizes the Commissioner of the State Education to authorize
funding to cover the expense related to testing and remediation of
potable water sources and systems.

§ 3 amends section 1950 (5)b of the education law authorizing funding
for board of cooperative educational services to defray expenses
related to the cost of water testing and remediation.

§ 4 amends subdivision 6-f of section 3602 of the education law,
authorizing the Commissioner of Education to approve expenditures
related to the immediate remediation of potable water systems due to
lead contamination as a construction emergency project.

§ 4 is the effective date.

 JUSTIFICATION :

Concerns over lead contamination in drinking water have gained
national attention recently due to the contamination in Flint,
Michigan. In New York State, concerns over lead contamination in
school drinking water became prominent after a number of schools were
forced to shut down drinking water sources after tests showed levels
of lead over acceptable Federal levels.

Studies show that lead poisoning is most detrimental to young
children, who absorb lead faster than adults. High lead blood levels
can damage a child's ability to learn and cause brain damage. Most
state and federal laws and regulations focus on the testing of
children for lead poisoning, but not the environments where they spend
the most time outside of their home.

There are two federal rules that address lead in the drinking water,
the Lead Contamination Control Act (1988) and The Lead and Copper Rule
- LCR (1991, amended in 2000). These rules provide guidelines for the
testing of water for lead contamination. For schools, those guidelines
are recommendations and are not mandatory.

Recent incidents of lead contamination have been found to take place
within schools buildings, where the testing and remediation is left up
to the school districts. This bill will ensure that regular testing is
completed and ensures that parents, teachers and others are notified
of testing and the results in a timely manner. The bill also allows

school aid to be used for the testing and remediation of lead
contamination in school districts.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None to the State.

 FISCAL IMPLICATIONS FOR SCHOOL DISTRICTS :

This bill will ensure that the cost of testing and remediation is
covered under school building aid apportionments. The bill will also
ensure that testing costs are covered for BOCES. The bill will also
allow approved remediation projects to be eligible for additional aid
when considered a construction emergency project. The State Education
Department has provided verification that the cost of lead remediation
is already an expense that is covered by state building aid.

 EFFECTIVE DATE :
The 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.

S7103C (ACTIVE) - Bill Text download pdf

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

                                 7103--C

                            I N  S E N A T E

                             March 28, 2016
                               ___________

Introduced  by Sens. O'MARA, MARCELLINO, ADDABBO, AMEDORE, AVELLA, BONA-
  CIC, CARLUCCI, FUNKE, LATIMER, MARCHIONE, MURPHY, RANZENHOFER, SERINO,
  VALESKY -- 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  commit-
  tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted to said  committee  --  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 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 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

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

                                                           LBD14805-10-6

S. 7103--C                          2

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.
  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 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.
  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 LEAD LEVELS 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 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,  IN
CONJUNCTION  WITH  THE COMMISSIONER OF EDUCATION, SHALL PUBLISH A REPORT
BI-ANNUALLY 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 GOVERNOR, THE TEMPORARY  PRESIDENT
OF  THE SENATE, AND THE SPEAKER OF THE ASSEMBLY AND SHALL BE MADE AVAIL-
ABLE 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
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. 7103--C                          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. 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.
  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

S. 7103--C                          4

  (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.

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The New York State Senate

senate Bill S7103C

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Archive: Last Bill Status - Passed Senate

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Votes

Jun 16, 2016 - floor Vote

Floor Vote: Jun 16, 2016

Jun 15, 2016 - Rules committee Vote

Rules Committee Vote: Jun 15, 2016

Bill Amendments

Co-Sponsors

S7103 - Details

S7103 - Summary

S7103 - Sponsor Memo

S7103 - Bill Text download pdf

Co-Sponsors

S7103A - Details

S7103A - Summary

S7103A - Sponsor Memo

S7103A - Bill Text download pdf

Co-Sponsors

S7103B - Details

S7103B - Summary

S7103B - Sponsor Memo

S7103B - Bill Text download pdf

Co-Sponsors

S7103C (ACTIVE) - Details

S7103C (ACTIVE) - Summary

S7103C (ACTIVE) - Sponsor Memo

S7103C (ACTIVE) - Bill Text download pdf

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senate Bill S7103C

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Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 16, 2016 - floor Vote

Floor Vote: Jun 16, 2016

Jun 15, 2016 - Rules committee Vote

Rules Committee Vote: Jun 15, 2016

Bill Amendments

Co-Sponsors

S7103 - Details

S7103 - Summary

S7103 - Sponsor Memo

S7103 - Bill Text download pdf

Co-Sponsors

S7103A - Details

S7103A - Summary

S7103A - Sponsor Memo

S7103A - Bill Text download pdf

Co-Sponsors

S7103B - Details

S7103B - Summary

S7103B - Sponsor Memo

S7103B - Bill Text download pdf

Co-Sponsors

S7103C (ACTIVE) - Details

S7103C (ACTIVE) - Summary

S7103C (ACTIVE) - Sponsor Memo

S7103C (ACTIVE) - Bill Text download pdf

Comments