S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5524
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2023
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law,  in  relation  to  potable  water
   testing at state and local parks
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. 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, INCLUDING LABORATORY
 REPORTS,  AND  ANY  LEAD REMEDIATION PLANS TO THE COMMISSIONER OF PARKS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01884-03-3
              

 A. 5524                             2
 
 RECREATION AND HISTORIC PRESERVATION 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, PROVIDED THAT SUCH REGULATIONS
 SHALL  INCLUDE THAT LEAD ACTION LEVELS ARE EXCEEDED IF THE CONCENTRATION
 OF LEAD IS GREATER THAN 0.005 MILLIGRAMS PER LITER.
   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.
   §  2.  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  to be made and
 completed on or before such effective date.