S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3698--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2019
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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 potable water
   testing at schools and state and local parks
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 1 and 2 of section 1110 of the public health
 law, as added by chapter 296 of the laws of 2016, are amended to read as
 follows:
   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  testing shall be conducted and the results analyzed by an
 entity or entities approved by the commissioner.  SUCH  PERIODIC  FIRST-
 DRAWN TAP TESTING SHALL OCCUR AT LEAST ONCE EVERY THREE YEARS.
   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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04398-02-9
              

 S. 3698--A                          2
 
 website;  AND  (D) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
 ABATE SUCH CONTAMINATION WITHIN NINETY DAYS.
   §  2.  The public health law is amended by adding a new section 1110-a
 to read as follows:
   § 1110-A. PARK POTABLE WATER TESTING AND  STANDARDS.  1.  THE  PERSON,
 OFFICER,  BOARD  OR  COMMISSION HAVING THE MANAGEMENT AND CONTROL OF THE
 POTABLE WATER SUPPLY OF ANY STATE OR LOCAL PARK SHALL  CONDUCT  PERIODIC
 FIRST-DRAWN  TAP  TESTING  OF  POTABLE WATER SYSTEMS TO MONITOR FOR LEAD
 CONTAMINATION IN EACH PARK UNDER HIS OR HER 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.  SUCH PERIODIC FIRST-DRAWN TAP TESTING SHALL OCCUR AT
 LEAST ONCE EVERY THREE YEARS.
   2. WHERE A FINDING OF LEAD CONTAMINATION IS MADE, THE PERSON, OFFICER,
 BOARD OR COMMISSION HAVING THE MANAGEMENT AND  CONTROL  OF  THE  POTABLE
 WATER  SUPPLY  OF  SUCH  PARK  SHALL: (A) CONTINUE FIRST-DRAWN TAP WATER
 TESTING PURSUANT TO REGULATIONS PROMULGATED PURSUANT  TO  THIS  SECTION;
 (B) PROVIDE PARK VISITORS 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  PROMUL-
 GATED  PURSUANT TO THIS SECTION; (C) CONSPICUOUSLY POST WARNINGS TO PARK
 VISITORS THE FORM AND CONTENT OF SUCH WARNINGS TO BE PROMULGATED BY  THE
 COMMISSIONER,  AS  WELL AS POSTING SUCH WARNINGS AND TEST RESULTS ON THE
 PARK'S WEBSITE; (D) NOTWITHSTANDING ANY PROVISION OF LAW TO THE  CONTRA-
 RY,  ABATE  SUCH  CONTAMINATION  WITHIN NINETY DAYS; AND (E) IMMEDIATELY
 TRANSMIT A COPY OF THE RESULTS OF ALL SUCH TESTING AND ANY LEAD  REMEDI-
 ATION  PLANS TO THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRES-
 ERVATION IN A FORMAT TO BE DETERMINED BY SUCH COMMISSIONER.
   3. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER  OF  PARKS,
 RECREATION  AND  HISTORIC  PRESERVATION, SHALL PROMULGATE REGULATIONS TO
 CARRY OUT THE PROVISIONS OF THIS SECTION.
   4. THE COMMISSIONER OF PARKS,  RECREATION  AND  HISTORIC  PRESERVATION
 SHALL  MAKE A COPY OF THE RESULTS OF ALL SUCH TESTING AND ANY LEAD REME-
 DIATION PLANS AVAILABLE TO THE PUBLIC ON THE OFFICE OF PARKS, RECREATION
 AND HISTORIC PRESERVATION'S WEBSITE AND ANY ADDITIONAL MEANS  AS  CHOSEN
 BY SUCH COMMISSIONER. A COPY OF THE RESULTS OF ALL TESTING SHALL ALSO BE
 IMMEDIATELY  TRANSMITTED  TO THE DEPARTMENT IN A FORMAT TO BE DETERMINED
 BY THE COMMISSIONER. THE COMMISSIONER OF PARKS, RECREATION AND  HISTORIC
 PRESERVATION,  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 OFFICE OF PARKS, RECREATION AND HISTORIC PRESER-
 VATION'S WEBSITES.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on its effective date are authorized and directed to be made
 and completed on or before such effective date.