The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    160
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. GOTTFRIED, DINOWITZ, MAGNARELLI, SIMON, ABINANTI,
   EPSTEIN,  DE LA ROSA, SEAWRIGHT, THIELE, WILLIAMS, COLTON, CYMBROWITZ,
   TAYLOR, ABBATE, BARRON, STECK, L. ROSENTHAL,  JACOBSON,  ASHBY,  McDO-
   NOUGH,  GALEF,  GRIFFIN, LUPARDO, WEPRIN, ZEBROWSKI, BRONSON -- Multi-
   Sponsored by -- M.  of A. ENGLEBRIGHT -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in  relation  to  school  potable
   water testing
 
   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
 and board of cooperative educational services shall  conduct  [periodic]
 ANNUAL  first-drawn  tap testing of potable water systems to monitor for
 lead contamination in each occupied school building under its  jurisdic-
 tion  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 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, FREE TO THE SCHOOL OCCUPANTS,
 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 with writ-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00523-01-1

 A. 160                              2
 
 ten notification of test results [as well as posting such  test  results
 on the school district'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
 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;
 PROVIDED, HOWEVER, THAT THE LEAD ACTION LEVEL IS EXCEEDED IF THE CONCEN-
 TRATION OF LEAD IS GREATER THAN 0.005 MILLIGRAMS PER LITER.
   [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.] 4. 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, INCLUDING LABORATORY REPORTS, and any lead
 remediation plans available to the public on its website and  any  addi-
 tional  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 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.
   5.  THE  COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCA-
 TION, SHALL PROVIDE AND REQUIRE ANNUAL TRAINING OF SCHOOL PERSONNEL  AND
 CONTRACTORS  RESPONSIBLE  FOR  CARRYING  OUT  THE  REQUIREMENTS  OF THIS
 SECTION, AND PROVIDE A RECORD THAT REQUIRED TRAINING WAS COMPLETED.
   § 2. This act shall take effect one year after it shall have become  a
 law.    Effective  immediately the commissioner of health may make regu-
 lations and take other actions necessary to implement this act.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  160--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. GOTTFRIED, DINOWITZ, MAGNARELLI, SIMON, ABINANTI,
   EPSTEIN,  DE LA ROSA, SEAWRIGHT, THIELE, WILLIAMS, COLTON, CYMBROWITZ,
   TAYLOR, ABBATE, BARRON, STECK, L. ROSENTHAL,  JACOBSON,  ASHBY,  McDO-
   NOUGH,  GALEF,  GRIFFIN,  LUPARDO,  WEPRIN,  ZEBROWSKI, BRONSON, FAHY,
   BURDICK, CLARK, PAULIN, PERRY, HEVESI, ROZIC, McMAHON, BARNWELL, McDO-
   NALD, QUART, OTIS, O'DONNELL, REYES, STERN, GONZALEZ-ROJAS  --  Multi-
   Sponsored  by -- M. of A. ENGLEBRIGHT -- read once and referred to the
   Committee on Health -- reported and referred to the Committee on  Ways
   and  Means -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the public health law and the education law, in relation
   to school potable water testing
 
   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
 and  board  of cooperative educational services shall conduct [periodic]
 TRIENNIAL first-drawn tap testing of potable water  systems  to  monitor
 for lead contamination in each occupied school building under its juris-
 diction 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  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, FREE TO THE SCHOOL OCCUPANTS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00523-02-1

 A. 160--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 with writ-
 ten  notification  of test results [as well as posting such test results
 on the school district'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
 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;
 PROVIDED, HOWEVER, THAT THE LEAD ACTION LEVEL IS EXCEEDED IF THE CONCEN-
 TRATION OF LEAD IS GREATER THAN 0.005 MILLIGRAMS PER LITER.
   [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.]  4.  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, INCLUDING LABORATORY REPORTS, and any  lead
 remediation  plans  available to the public on its website and any addi-
 tional 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  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] TRIENNIALLY
 based on the findings from the tap water testing conducted according  to
 the provisions of this section. Such report shall be sent to the commis-
 sioner,  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. Subdivision 6-h of section 3602 of the education law, as amended
 by section 52-d of part YYY of chapter  59  of  the  laws  of  2019,  is
 amended 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

 A. 160--A                           3
 
 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. Commencing in the two thousand nineteen--
 two thousand twenty school year and every  year  thereafter,  additional
 building  aid  pursuant  to  this  subdivision  shall  include  approved
 expenses for testing of potable water  systems  for  lead  contamination
 pursuant to section eleven hundred ten of the public health law.
   §  3. This act shall take effect one year after it shall have become a
 law.  Effective immediately the commissioner of health  may  make  regu-
 lations and take other actions necessary to implement this act.