NY State Senate Bill 2019-S842A

Archive: Last Bill Status - In Senate Committee Health Committee

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health
May 21, 2019	reported and committed to finance
May 08, 2019	print number 842a
May 08, 2019	amend and recommit to health
Jan 09, 2019	referred to health

Votes

- May 21, 2019 - Health Committee Vote
  S842A
  
  11
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 21, 2019
      
      aye (11)
      
      Benjamin
      
      Biaggi
      
      Carlucci
      
      Hoylman-Sigal
      
      Kaminsky
      
      Little
      
      Metzger
      
      Montgomery
      
      Rivera
      
      Salazar
      
      Stavisky
      
      aye wr (4)
      
      Antonacci
      
      Gallivan
      
      Jacobs
      
      Ritchie

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S842 - Details

See Assembly Version of this Bill:: A6046
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §1110, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4439, A7148
2021-2022: S7686

2019-S842 - Summary

Relates to expanding lead testing in water to day care facilities; allows the commissioner to provide financial assistance to those day cares that such testing would pose an unreasonable financial hardship on.

2019-S842 - Sponsor Memo

                                
 
BILL NUMBER: S842

SPONSOR: MONTGOMERY
 
TITLE OF BILL:

An act to amend the public health law, in relation to expanding lead
testing to day care facilities

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires day care facilities to test their drinking water for lead
contamination.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 expands the requirement that schools test drinking water for
lead to include day care facilities. Day care facilities would include
child day care centers, group family day care homes, and family day care
home licensed or registered with the Office of Children and Family
Services. The Commissioner of Health may provide financial assistance to
assist day care facilities with compliance with this section.

 
JUSTIFICATION:

Chapter 296 of the Laws of 2016 requires all school districts to conduct
periodic first-drawn tap testing of potable water systems to monitor for
lead contamination in each occupied school building in the district. The
Department of Health and State Education Department promulgated regu-
lations detailing the requirements for this lead testing. The first
round of testing that was completed in the fall of 2016 revealed that
140 of those schools that had reported results had drinking water with
lead contamination above the safe limit set by the Department of Health.

According to the EPA, young children and infants are particularly
vulnerable to lead in drinking water because the negative physical and
behavioral effects of lead occur at a lower level in young children. Low
levels of exposure to lead in children has been linked to damage to the
central nervous system, behavioral and learning disabilities, growth
irregUlarities, impaired hearing, and impaired formation and functioning
of blood cells.

Lead contamination in drinking water often occurs in the plumbing mate-
rials of buildings. While lead piping has been phased out since 1986,
those facilities built before this time may have lead piping and are at
a high risk of lead contamination in drinking water. New York City
requires that day care facilities test for lead in drinking water.

OCFS currently requires child day care programs that use private water
supplies to test for contaminants every 12 months, there is no require-
ment that all daycare centers test for lead. Further, this testing only
requires the testing of the private water supply itself and not the
actual drinking water outlets. As lead contamination often occurs from
the pipes within the building, the current testing may not reveal that
certain drinking water outlets are contaminating the drinking water with
lead.

With the framework established by Chapter 296, this bill would require
day care facilities registered or licensed with the State to test for
lead contamination in drinking water as set forth by the regulations
promulgated by DOH for public school buildings. Since infants and young
children are especially vulnerable to the negative health and develop-
mental effects of lead, this testing must also be completed in day
cares, where these children may spend a significant amount of time.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
180 days after it shall have become a law

2019-S842 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    842
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in  relation  to  expanding  lead
   testing to day care facilities
 
   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  AND DAY CARE potable water testing and standards. 1.
 FOR THE PURPOSES OF THIS SECTION, "DAY CARE  FACILITIES"  SHALL  MEAN  A
 CHILD  DAY CARE CENTER, GROUP FAMILY DAY CARE HOME, OR A FAMILY DAY CARE
 HOME LICENSED OR REGISTERED WITH  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES.  THE PROVISIONS OF THIS SECTION DO NOT APPLY TO CHILD DAY CARE
 CENTERS,  GROUP FAMILY DAY CARE HOMES, FAMILY DAY CARE HOMES, SCHOOL-AGE
 CHILD CARE PROGRAMS AND SMALL DAY CARE CENTERS THAT HOLD A PERMIT ISSUED
 BY THE NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE.
   2. 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,
 AND DAY CARE FACILITY 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  commis-
 sioner.
   [2.]  3.  Where  a finding of lead contamination is made, the affected
 school district OR DAY CARE FACILITY 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02948-01-9

 S. 842                              2
 
 department until future tests indicate lead  levels  pursuant  to  regu-
 lations promulgated pursuant to this section; and (c) provide parents or
 persons  in  parental  relation  to a child attending said school OR DAY
 CARE FACILITY with written notification of test results as well as post-
 ing such test results on the school district's website.
   [3.]  4.  First-drawn  tap testing shall not be required for school OR
 DAY CARE FACILITY buildings that have been deemed "lead-free" as defined
 by section 1417 of the federal safe drinking water act.
   [4.] 5. The commissioner, in consultation  with  the  commissioner  of
 education  AND  THE  COMMISSIONER OF CHILDREN AND FAMILY SERVICES, shall
 promulgate regulations to carry out  the  provisions  of  this  section.
 Notwithstanding  any  other  provision of law to the contrary, the regu-
 lations promulgated with regard to lead levels shall be consistent  with
 the requirements for those school districts OR DAY CARE FACILITIES clas-
 sified  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.]  6.  The  commissioner  IN  CONSULTATION WITH THE COMMISSIONER OF
 CHILDREN AND FAMILY SERVICES,  may  grant  a  waiver  from  the  testing
 requirements  of  this  section  for  certain school buildings, provided
 that, the  school  district  OR  DAY  CARE  FACILITY  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.]  7.  Each school district [and], board of cooperative educational
 services, AND DAY CARE FACILITY conducting testing pursuant to  subdivi-
 sion 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 reme-
 diation plans available to the public on its website and any  additional
 means  as chosen by such SCHOOL district OR DAY CARE FACILITY. A copy of
 the results of all testing shall also be immediately transmitted to  the
 department [and], state education department, AND OFFICE OF CHILDREN AND
 FAMILY  SERVICES 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 AND THE COMMISSIONER OF CHILDREN
 AND FAMILY SERVICES, 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  AND  OFFICE  OF
 CHILDREN AND FAMILY SERVICES' websites.
   8.  SUBJECT  TO  APPROPRIATION, THE COMMISSIONER MAY PROVIDE FINANCIAL
 ASSISTANCE TO ASSIST DAY  CARE  FACILITIES  WITH  COMPLIANCE  WITH  THIS
 SECTION  WHEN SUCH COMPLIANCE IMPOSES AN UNREASONABLE FINANCIAL HARDSHIP
 ON THE DAY CARE FACILITY AND SUCH DAY CARE FACILITIES ARE  NOT  ELIGIBLE
 FOR BUILDING AID UNDER SECTIONS NINETEEN FIFTY OR THIRTY-SIX HUNDRED TWO
 OF THE EDUCATION LAW.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

2019-S842A (ACTIVE) - Details

See Assembly Version of this Bill:: A6046
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §1110, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4439, A7148
2021-2022: S7686

2019-S842A (ACTIVE) - Summary

2019-S842A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S842A

SPONSOR: MONTGOMERY
 
TITLE OF BILL:  An act to amend the public health law, in relation to
expanding lead testing to day care facilities

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires day care facilities to test their drinking water for lead
contamination.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 expands the requirement that schools test drinking water for
lead to include day care facilities. Day care facilities would include
child day care centers, licensed with the Office of Children and Family
Services.

The provisions of this section do not apply to child day care centers,
group family day care homes, family day care homes, school-age childcare
programs and small day care centers that hold a permit issued by the NYC

Department of Health and Mental Hygiene.

As determined by the Commissioner, the Commissioner of Health may
provide financial assistance to assist day care facilities with compli-
ance with this section.

 
JUSTIFICATION:

Chapter 296 of the Laws of 2016 requires all school districts to conduct
periodic first-drawn tap testing of potable water systems to monitor for
lead contamination in each occupied school building in the district. The
Department of Health and State Education Department promulgated regu-
lations detailing the requirements for this lead testing. The first
round of testing that was completed in the fall of 2016 revealed that
140 of those schools that had reported results had drinking water with
lead contamination above the safe limit set by the Department of Health.

According to the EPA, young children and infants are particularly
vulnerable to lead in drinking water because the negative physical and
behavioral effects of lead occur at a lower level in young children. Low
levels of exposure to lead in children has been linked to damage to the
central nervous system, behavioral and learning disabilities, growth
irregUlarities, impaired hearing, and impaired formation and functioning
of blood cells.

Lead contamination in drinking water often occurs in the plumbing mate-
rials of buildings. While lead piping has been phased out since 1986,
those facilities built before this time may have lead piping and are at
a high risk of lead contamination in drinking water. New York City
requires that day care facilities test for lead in drinking water.

OCFS currently requires child day care programs that use private water
supplies to test for contaminants every 12 months, there is no require-
ment that all daycare centers test for lead. Further, this testing only
requires the testing of the private water supply itself and not the
actual drinking water outlets. As lead contamination often occurs from
the pipes within the building, the current testing may not reveal that

certain drinking water outlets are contaminating the drinking water with
lead.

With the framework established by Chapter 296, this bill would require
day care facilities licensed with the State to test for lead contam-
ination in drinking water as set forth by the regulations promulgated by
DOH for public school buildings. Since infants and young children are
especially vulnerable to the negative health and developmental effects
of lead, this testing must also be completed in day cares, where these
children may spend a significant amount of time.

 
PRIOR LEGISLATIVE HISTORY:

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
180 days after it shall have become a law

2019-S842A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  842--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens.  MONTGOMERY,  GOUNARDES  -- 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 committee
 
 AN ACT to amend the public health law, in  relation  to  expanding  lead
   testing to day care facilities
 
   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  AND DAY CARE potable water testing and standards. 1.
 FOR THE PURPOSES OF THIS SECTION, "DAY CARE  FACILITIES"  SHALL  MEAN  A
 CHILD  DAY  CARE CENTER, LICENSED WITH THE OFFICE OF CHILDREN AND FAMILY
 SERVICES.  THE PROVISIONS OF THIS SECTION DO NOT APPLY TO CHILD DAY CARE
 CENTERS, GROUP FAMILY DAY CARE HOMES, FAMILY DAY CARE HOMES,  SCHOOL-AGE
 CHILD CARE PROGRAMS AND SMALL DAY CARE CENTERS THAT HOLD A PERMIT ISSUED
 BY THE NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE.
   2.  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,
 AND  DAY CARE FACILITY 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 commis-
 sioner.
   [2.] 3. Where a finding of lead contamination is  made,  the  affected
 school district OR DAY CARE FACILITY 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02948-02-9

 S. 842--A                           2
 
 potable water for drinking as required by rules and regulations  of  the
 department  until  future  tests  indicate lead levels pursuant to regu-
 lations promulgated pursuant to this section; and (c) provide parents or
 persons  in  parental  relation  to a child attending said school OR DAY
 CARE FACILITY with written notification of test results as well as post-
 ing such test results on the school district's website.
   [3.] 4. First-drawn tap testing shall not be required  for  school  OR
 DAY CARE FACILITY buildings that have been deemed "lead-free" as defined
 by section 1417 of the federal safe drinking water act.
   [4.]  5.  The  commissioner,  in consultation with the commissioner of
 education AND THE COMMISSIONER OF CHILDREN AND  FAMILY  SERVICES,  shall
 promulgate  regulations  to  carry  out  the provisions of this section.
 Notwithstanding any other provision of law to the  contrary,  the  regu-
 lations  promulgated with regard to lead levels shall be consistent with
 the requirements for those school districts OR DAY CARE FACILITIES clas-
 sified 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.] 6. The commissioner IN  CONSULTATION  WITH  THE  COMMISSIONER  OF
 CHILDREN  AND  FAMILY  SERVICES,  may  grant  a  waiver from the testing
 requirements of this section  for  certain  school  buildings,  provided
 that,  the  school  district  OR  DAY  CARE  FACILITY  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.] 7. Each school district [and], board of  cooperative  educational
 services,  AND DAY CARE FACILITY conducting testing pursuant to subdivi-
 sion 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  reme-
 diation  plans available to the public on its website and any additional
 means as chosen by such SCHOOL district OR DAY CARE FACILITY. A copy  of
 the  results of all testing shall also be immediately transmitted to the
 department [and], state education department, AND OFFICE OF CHILDREN AND
 FAMILY SERVICES 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 AND THE COMMISSIONER OF CHILDREN
 AND FAMILY SERVICES, 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 AND OFFICE OF
 CHILDREN AND FAMILY SERVICES' websites.
   8. SUBJECT TO APPROPRIATION, THE COMMISSIONER  MAY  PROVIDE  FINANCIAL
 ASSISTANCE  TO  ASSIST  DAY  CARE  FACILITIES  WITH COMPLIANCE WITH THIS
 SECTION WHEN SUCH COMPLIANCE IMPOSES AN UNREASONABLE FINANCIAL  HARDSHIP
 AS  DETERMINED BY THE COMMISSIONER ON THE DAY CARE FACILITY AND SUCH DAY
 CARE FACILITIES ARE NOT ELIGIBLE FOR BUILDING AID UNDER SECTION NINETEEN
 FIFTY OR THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S842A

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

May 21, 2019 - Health Committee Vote

Health Committee Vote: May 21, 2019

Bill Amendments

co-Sponsors

2019-S842 - Details

2019-S842 - Summary

2019-S842 - Sponsor Memo

2019-S842 - Bill Text download pdf

co-Sponsors

2019-S842A (ACTIVE) - Details

2019-S842A (ACTIVE) - Summary

2019-S842A (ACTIVE) - Sponsor Memo

2019-S842A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S842A

Share this bill

Sponsored By

Velmanette Montgomery

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

co-Sponsors

Andrew Gounardes

2019-S842 - Details

2019-S842 - Summary

2019-S842 - Sponsor Memo

2019-S842 - Bill Text download pdf

co-Sponsors

David Carlucci

Andrew Gounardes

Brad Hoylman-Sigal

Zellnor Myrie

2019-S842A (ACTIVE) - Details

2019-S842A (ACTIVE) - Summary

2019-S842A (ACTIVE) - Sponsor Memo

2019-S842A (ACTIVE) - Bill Text download pdf

Comments