S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1120
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law and the education law, in relation
   to the water dispensed within public 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
 1111 to read as follows:
   § 1111. REPORT. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER
 OF EDUCATION, SHALL CAUSE TO BE PREPARED  AND  SHALL  PUBLISH  A  REPORT
 BASED  ON  ANY  FINDINGS  FROM  THE ANNUAL LEAD-COPPER TAP WATER TESTING
 CONDUCTED AT THE DIRECTION OF THE COMMISSIONER OF EDUCATION PURSUANT  TO
 THE PROVISIONS OF SECTION FOUR HUNDRED NINE-M OF THE EDUCATION LAW. SUCH
 REPORT  SHALL BE SENT TO THE COMMISSIONER OF EDUCATION AND SHALL BE MADE
 AVAILABLE TO THE PARENTS AND PERSONS IN PARENTAL RELATION OF  ANY  CHILD
 ATTENDING  THE  AFFECTED  SCHOOL  DISTRICT PURSUANT TO THE PROVISIONS OF
 SUCH SECTION FOUR HUNDRED NINE-M.
   § 2. Subdivision 1 of section  1102  of  the  public  health  law,  as
 amended  by  chapter  655  of  the  laws  of 1978, is amended to read as
 follows:
   1. If any inspection discloses a violation of any rule  or  regulation
 promulgated  pursuant to section one thousand one hundred of this [chap-
 ter] TITLE relating to a temporary or permanent source or act of contam-
 ination  OR A FINDING OF CONTAMINATION PURSUANT TO SECTION FOUR  HUNDRED
 NINE-M  OF  THE EDUCATION LAW, the person, officer, board, or commission
 having the management and control of the potable  water  supply  of  the
 municipality,  state  or United States institution, park, reservation or
 post, and in the city of New York,  the  commissioner  of  environmental
 protection,  and  the  board of water supply of the city of New York, or
 the corporation furnishing such supply shall cause a copy of the rule or
 regulation violated to be served upon the  person  violating  the  same,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04964-01-7

 A. 1120                             2
 
 with  a  notice  of such violation. If the person served does not comply
 immediately with the rule or regulation violated, such person,  officer,
 board,  corporation  or  commission,  except  in  a  case concerning the
 violation  of  a rule or regulation relating to a temporary or permanent
 source or act of contamination affecting the potable water supply of the
 city of New York, shall notify the department of the violation.
   § 3. The education law is amended by adding a  new  section  409-m  to
 read as follows:
   §  409-M.  SCHOOL LEAD-COPPER TAP WATER TESTING.  1. THE COMMISSIONER,
 IN CONJUNCTION WITH THE COMMISSIONER OF  HEALTH,  SHALL  REQUIRE  SCHOOL
 DISTRICTS  TO  CONDUCT AN ANNUAL SCHOOL LEAD-COPPER TAP WATER TESTING TO
 MONITOR FOR LEAD CONTAMINATION IN EACH SCHOOL BUILDING IN SUCH DISTRICT.
 EACH SCHOOL DISTRICT SHALL PROVIDE THE RESULTS OF SUCH  TESTING  TO  THE
 COMMISSIONER.  THE COMMISSIONER SHALL TRANSMIT A COPY OF SUCH RESULTS TO
 THE COMMISSIONER OF HEALTH.   FOR PURPOSES OF THIS  SECTION,  TAP  WATER
 SHALL  BE  CONSIDERED CONTAMINATED IF SUCH TAP WATER EXCEEDS THE LEAD OR
 COPPER ACTION LEVEL BASED ON FIRST-DRAW TAP SAMPLES AS PROVIDED IN RULES
 AND REGULATIONS OF THE DEPARTMENT OF HEALTH AUTHORIZED UNDER SECTION TWO
 HUNDRED ONE OF THE PUBLIC HEALTH LAW.  WHERE A FINDING OF  CONTAMINATION
 IS MADE, THE AFFECTED SCHOOL DISTRICT SHALL:
   (A)  CONTINUE  TESTING  EVERY  SIX  MONTHS UNTIL TEST RESULTS INDICATE
 ACCEPTABLE LEAD AND  COPPER  LEVELS  AS  AUTHORIZED  UNDER  SECTION  TWO
 HUNDRED ONE OF THE PUBLIC HEALTH LAW;
   (B)  PROVIDE  STUDENTS  WITH AN ADEQUATE SUPPLY OF SAFE, POTABLE WATER
 FOR DRINKING AS REQUIRED BY RULES  AND  REGULATIONS  OF  THE  DEPARTMENT
 AUTHORIZED  UNDER SECTION TWO HUNDRED ONE OF THE PUBLIC HEALTH LAW UNTIL
 FUTURE TESTS INDICATE ACCEPTABLE LEVELS AS AUTHORIZED UNDER SECTION  TWO
 HUNDRED ONE OF THE PUBLIC HEALTH LAW;
   (C) PROVIDE PARENTS OF STUDENTS ATTENDING THE AFFECTED SCHOOL WITH:
   (I) WRITTEN NOTIFICATION OF TEST RESULTS;
   (II)  CONFIRMATION  OF  STUDENTS ACCESS TO AN ADEQUATE SUPPLY OF SAFE,
 POTABLE WATER FOR DRINKING;
   (III) NOTIFICATION OF WHEN THE NEXT SCHEDULED TAP WATER  TESTING  WILL
 OCCUR; AND
   (IV)  NOTIFICATION  OF  THE DISTRICT'S PLAN TO ELIMINATE THE SOURCE OF
 LEAD EXPOSURE TO STUDENTS; AND
   (D) PROVIDE THE  COMMISSIONER  WITH  NOTIFICATION  OF  THE  DISTRICT'S
 INVESTIGATION  AS  TO  THE  SOURCE OF LEAD EXPOSURE IN THE WATER AND THE
 DISTRICT'S PLAN TO ELIMINATE THE SOURCE OF LEAD EXPOSURE TO STUDENTS.
   2. FOR PURPOSES OF THIS SECTION "WRITTEN NOTIFICATION" SHALL MEAN  AND
 INCLUDE  NOTICE  IN  WRITING  THAT  IS  PROVIDED  DIRECTLY TO THE STAFF,
 PARENTS OR PERSONS IN PARENTAL RELATION TO STUDENTS; OR DELIVERED  TO  A
 RECEPTACLE  DESIGNATED  FOR  THAT  STUDENT  OR  STAFF;  OR MAILED TO THE
 STUDENT'S OR STAFF'S LAST KNOWN  ADDRESS;  OR  DELIVERED  BY  ANY  OTHER
 REASONABLE METHODS AUTHORIZED BY THE COMMISSIONER.
   3.  SCHOOL DISTRICTS SHALL NOT BE REQUIRED TO CONDUCT ANNUAL LEAD-COP-
 PER TAP WATER TESTING REQUIRED PURSUANT TO THIS SECTION AT THOSE  SCHOOL
 BUILDINGS  WITHIN THE DISTRICT (A) BUILT WITHOUT THE USE OF LEAD PIPING;
 OR (B) WHERE A FINDING OF NO CONTAMINATION HAS BEEN MADE FOR A PERIOD OF
 THREE CONSECUTIVE YEARS.
   § 4. This act shall take effect immediately.