NY State Senate Bill 2015-S8158

Senate Bill S8158

Signed By Governor

2015-2016 Legislative Session

download bill text pdf

Archive: Last Bill Status Via A10740 - Signed by Governor

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 06, 2016	signed chap.296 delivered to governor
Jun 17, 2016	returned to assembly passed senate message of necessity - 3 day message 3rd reading cal.2009 substituted for s8158
Jun 17, 2016	substituted by a10740 ordered to third reading cal.2009 referred to rules

Votes

- Jun 17, 2016 - Floor Vote
  A10740
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2016
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (1)
      
      Diaz
  Jun 17, 2016 - Rules Committee Vote
  S8158
  
  24
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 17, 2016
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      absent (1)
      
      Larkin

co-Sponsors

View additional co-sponsors

2015-S8158 (ACTIVE) - Details

See Assembly Version of this Bill:: A10740
Law Section:: Public Health Law
Laws Affected:: Add §1110, Pub Health L; amd §§3602 & 1950, Ed L

2015-S8158 (ACTIVE) - 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.

2015-S8158 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8158

 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
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 amends subdivision 6-e of section 3602 of the education law, to
permit additional apportionment of building aid for building condition
surveys of school buildings.

§ 4 states that the Commissioner of Health and the Commissioner of
Education shall submit a joint report on the initial results of tap
water testing of public schools to the Governor, temporary president
of the Senate and the Speaker of the Assembly by December 1, 2016.

§ 5 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 :

None

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
The 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.

2015-S8158 (ACTIVE) - Bill Text download pdf

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

                                  8158

                            I N  S E N A T E

                              June 17, 2016
                               ___________

Introduced by Sens. O'MARA, MARCELLINO, AKSHAR, AMEDORE, BONACIC, BOYLE,
  DeFRANCISCO,  FARLEY, FELDER, FLANAGAN, FUNKE, GALLIVAN, GOLDEN, GRIF-
  FO,  HANNON,  LANZA,  LARKIN,  LAVALLE,  LITTLE,  MARCHIONE,  MARTINS,
  MURPHY,  NOZZOLIO, ORTT, RANZENHOFER, RITCHIE, ROBACH, SERINO, SEWARD,
  VENDITTO, YOUNG -- (at request of the  Governor)  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Rules

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12093-02-6

S. 8158                             2

  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,
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. 8158                             3

  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
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

S. 8158                             4

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
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.

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