S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10310
 
                           I N  A S S E M B L Y
 
                              April 22, 2020
                                ___________
 
 Introduced by M. of A. LIFTON -- read once and referred to the Committee
   on Health
 
 AN  ACT to amend the public health law, in relation to requiring charter
   schools to conduct periodic testing of potable water systems for  lead
   contamination
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 1110 of the public health law, as added by  chapter
 296 of the laws of 2016, is amended to read as follows:
   §  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,
 CHARTER SCHOOL 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  testing 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  OR  CHARTER  SCHOOL  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  depart-
 ment  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] DISTRICT OR CHARTER SCHOOL'S website.
   3.  First-drawn tap testing shall not be required for school buildings
 that have been deemed "lead-free" as defined  by  section  1417  of  the
 federal safe drinking water act.
   4.  The  commissioner, in consultation with the commissioner of educa-
 tion, shall promulgate regulations to carry out the provisions  of  this
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14576-02-0

 A. 10310                            2
 
 section. Notwithstanding any other provision of law to the contrary, the
 regulations  promulgated  with regard to lead levels 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.
   5. The commissioner may grant a waiver from the  testing  requirements
 of  this section for certain school buildings, provided that, the school
 district OR CHARTER SCHOOL 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,  CHARTER  SCHOOL  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  regu-
 lations,  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 OR CHARTER SCHOOL. 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 commis-
 sioner 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 commission-
 er, 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.
   §  2.  Every  charter school shall complete initial testing of potable
 water systems as required pursuant to section one  of  this  act  on  or
 after  January  1,  2020  and  no later than December 31, 2021 and shall
 retest such potable water systems at least every five years thereafter.
   § 3.  The state education department shall promulgate rules and  regu-
 lations requiring charter schools to test potable water systems initial-
 ly  between January 1, 2020 and December 31, 2021 and shall require that
 such potable water systems be retested at least every five years  there-
 after.
   § 4. This act shall take effect immediately.