NY State Senate Bill S2122A

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 22, 2021	approval memo.131 signed chap.771
Dec 10, 2021	delivered to governor
Jun 09, 2021	returned to senate passed assembly ordered to third reading rules cal.653 substituted for a160b
Jun 08, 2021	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1624 committee discharged and committed to rules
May 28, 2021	print number 2122a
May 28, 2021	amend and recommit to finance
Apr 26, 2021	reported and committed to finance
Jan 19, 2021	referred to health

Votes

view votes

Jun 8, 2021 - floor Vote

S2122A

floor

Aye

Nay

Absent

Excused

Abstained

Jun 8, 2021 - Rules committee Vote

S2122A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Apr 26, 2021 - Health committee Vote

S2122

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

view additional co-sponsors

S2122 - Details

See Assembly Version of this Bill:: A160
Law Section:: Public Health Law
Laws Affected:: Amd §1110, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S7268, A9545

S2122 - Summary

Relates to standards for and testing of potable water in school buildings; eliminates certain exemptions; sets minimum standards; permits building aid for remediation measures.

S2122 - Sponsor Memo

 
BILL NUMBER: S2122

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to school potable
water testing

 
PURPOSE:

This bill would expand water testing in schools, including increasing
testing frequency, removing testing exemptions, setting action levels,
and increasing disclosure of information.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends Public Health Law (PHL) 1110 to:  * Change required
school water testing for lead from "periodic" to annual;

* Require that tap water provided by school districts be free to school
occupants;

* Remove exemptions for certain schools from testing;

* Set the lead action level at 0.005 milligrams per liter;

* Require that laboratory reports be made public as part of existing
disclosure requirements for testing results; and

* Require training of those responsible for the testing. Section 2:
Provides the effective date.

 
JUSTIFICATION:

The purpose of this bill is to ensure that drinking water in schools is
safe and free of lead contamination. Children are particularly vulner-
able to the harmful effects of lead, so much so that experts from the
American Academy of Pediatrics, the Centers for Disease Control and
Prevention, and the World Health Organization, agree that there is no
safe level of lead for children. High lead levels in children can bring
lifetime problems including reduced cognitive function, learning disa-
bilities, and aggressive behavior.

Data from the first round of lead testing in schools under New York's
landmark 2016 law demonstrate that our school children are drink- ing
water that contains lead. More than 82% of public schools reported at
least one drinking water tap that exceeded the action level, current- ly
set in regulation at 0.015 milligrams per liter - Washington, DC, Illi-
nois, and Vermont are all lower at 0.004 or 0.005, while the Ameri- can
Academy of Pediatrics recommends 0.001.

Current law allows exemptions from lead testing for schools deemed "lead
free" under federal requirements. However, the federal definition of
"lead free" allows up to 0.25% of lead in pipe materials to be lead;
federal law from 1986 to 2014 allowed up to 8% lead in "lead-free"
plumbing; and there were no federal restrictions before 1986. The deter-
mination of a school as being "lead free" is no guarantee of safety and
should not allow an exemption from testing.

This bill would make several improvements to New York's existing program
by reducing the action level; requiring annual (rather than "periodic")
testing; removing waivers and exemptions for certain schools; requiring
lab reports to be posted online; and requiring training for school
personnel or contractors involved in testing.  These measures will
further protect our children from the devastating effects of lead
contamination.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S7268/A9545 Gottfried

 
FISCAL IMPLICATIONS:

Additional school funding would be required to support additional test-
ing and remediation efforts.

 
EFFECTIVE DATE:

S2122 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2122
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2021
                                ___________
 
 Introduced by Sens. RIVERA, ADDABBO, KAMINSKY, SERRANO, STAVISKY -- 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  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-
 ten notification of test results [as well as posting such  test  results
 on the school district's website].
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00523-01-1

 S. 2122                             2
 
   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.

Co-Sponsors

view additional co-sponsors

S2122A (ACTIVE) - Details

See Assembly Version of this Bill:: A160
Law Section:: Public Health Law
Laws Affected:: Amd §1110, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S7268, A9545

S2122A (ACTIVE) - Summary

Relates to standards for and testing of potable water in school buildings; eliminates certain exemptions; sets minimum standards; permits building aid for remediation measures.

S2122A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2122A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to school potable
water testing

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would expand water testing in schools, including increasing
testing frequency, removing testing exemptions, and lowering lead
levels.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section. 1: Amends Public Health Law 1.110 to:

*Change required school water testing for lead from "periodic" to trien-
nial (once every three years);
*Require that tap water provided by school districts be free to school

occupants;
*Remove exemptions for certain schools from testing;
*Set the lead action level at 0.005 milligrams per liter;
*Require that laboratory reports be made public as part of existing
disclosure requirements for testing results; and
*Provide remediation funding through clean water infrastructure programs

Section 2: Effective date

 
JUSTIFICATION:

The purpose of this bill is to ensure that drinking water in schools is
safe and free of lead contamination. Children are particularly vulner-
able to the harmful effects of lead, so much so that the experts from
the American Academy of Pediatrics, the Centers for Disease Control and
Prevention, and the World Health Organization agree that there is no
safe level of lead for children. High lead levels in children can bring
lifetime problems including reduced cognitive function, learning disa-
bilities, and aggressive behavior. The data from the first round of lead
testing in schools under New York's landmark 2016 law demonstrate that
our school children are drinking water that contains lead. More than 82
of public schools reported at least one drinking water tap that exceeded
the action level, currently set in regulation at 0.015 milligrams per
liter - Washington, DC, Illinois, and Vermont are all lower at 0.004 or
0.005, while the American Academy of Pediatrics recommends 0.001.
Current law allows exemptions from lead testing for schools deemed "lead
free" under federal requirements.  However, the federal definition of
"lead free" allows up to 0.25 of lead in pipe materials to be lead;
federal law from 1986 to 2014 allowed up to lead in "lead-free" plumb-
ing; and there were no federal restrictions before 1986. The past deem-
ing of a school as "lead free" is no guarantee of safety and should not
allow an exemption from testing.

This bill would make several improvements to New York's existing program
by reducing the action level; requiring triennial (rather than "period-
ic") testing; removing waivers and exemptions for certain schools; and
requiring lab reports to be posted online. These measures will further
protect our children from the devastating effects of lead contamination.
Finally, the amended version of the bill adds a funding mechanism by
authorizing use of clean water infrastructure funds.

 
PRIOR LEGISLATIVE HISTORY:

2020: S7268/A9545

 
FISCAL IMPLICATIONS:

Funding support through clean water infrastructure program

 
EFFECTIVE DATE:
One year after it shall have become a law

S2122A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2122--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2021
                                ___________
 
 Introduced  by Sens. RIVERA, ADDABBO, BENJAMIN, BIAGGI, BRISPORT, BROUK,
   COMRIE, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, LIU, MANNION,
   MAY, SALAZAR, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY -- read twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Health -- reported favorably from said committee and committed to  the
   Committee  on  Finance  -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 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]
 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,
 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.

                                                            LBD00523-07-1

 S. 2122--A                          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]  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.
   5. EXPENSES FOR REMEDIATION UNDER THIS  SECTION  AND  ANY  REGULATIONS
 PROMULGATED  THERETO SHALL BE FULLY REIMBURSABLE FROM FUNDS APPROPRIATED
 THROUGH THE DEPARTMENT OF ENVIRONMENTAL  CONSERVATION  FOR  CLEAN  WATER
 INFRASTRUCTURE PROJECTS.
   §  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.

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The New York State Senate

senate Bill S2122A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 8, 2021 - floor Vote

Floor Vote: Jun 8, 2021

Jun 8, 2021 - Rules committee Vote

Rules Committee Vote: Jun 8, 2021

Apr 26, 2021 - Health committee Vote

Committee Vote: Apr 26, 2021

Bill Amendments

Co-Sponsors

S2122 - Details

S2122 - Summary

S2122 - Sponsor Memo

S2122 - Bill Text download pdf

Co-Sponsors

S2122A (ACTIVE) - Details

S2122A (ACTIVE) - Summary

S2122A (ACTIVE) - Sponsor Memo

S2122A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2122A

Share this bill

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 8, 2021 - floor Vote

Floor Vote: Jun 8, 2021

Jun 8, 2021 - Rules committee Vote

Rules Committee Vote: Jun 8, 2021

Apr 26, 2021 - Health committee Vote

Committee Vote: Apr 26, 2021

Bill Amendments

Co-Sponsors

S2122 - Details

S2122 - Summary

S2122 - Sponsor Memo

S2122 - Bill Text download pdf

Co-Sponsors

S2122A (ACTIVE) - Details

S2122A (ACTIVE) - Summary

S2122A (ACTIVE) - Sponsor Memo

S2122A (ACTIVE) - Bill Text download pdf

Comments