Assembly Bill A10681

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10681
 
                           I N  A S S E M B L Y
 
                              March 20, 2026
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation  to  preventing  lead
   exposure  in school drinking water through risk-based certified point-
   of-use filtration
 
   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 is amended by adding
 a new subdivision 7 to read as follows:
   7. (A) EVERY SCHOOL DISTRICT  AND  BOARD  OF  COOPERATIVE  EDUCATIONAL
 SERVICES  SHALL IMPLEMENT CERTIFIED POINT-OF-USE LEAD-REMOVAL FILTRATION
 IN ANY SCHOOL BUILDING OR DRINKING WATER FIXTURE OR OTHER POTABLE  WATER
 OUTLET USED FOR CONSUMPTION THAT IS IDENTIFIED AS PRESENTING AN ELEVATED
 RISK FOR LEAD EXPOSURE BASED ON ONE OR MORE OF THE FOLLOWING:
   (I)  PLUMBING  SYSTEMS OR FIXTURES INSTALLED PRIOR TO MODERN LEAD-FREE
 STANDARDS;
   (II) DOCUMENTED LEAD ACTION-LEVEL EXCEEDANCES IN PRIOR TESTING CYCLES;
   (III) THE PRESENCE OR SUSPECTED PRESENCE  OF  LEAD  SERVICE  LINES  OR
 LEAD-CONTAINING FIXTURES;
   (IV) CORROSION OR VARIABILITY INDICATED BY TESTING RESULTS; AND/OR
   (V) BUILDINGS UNDERGOING PHASED PLUMBING REPLACEMENT OR REMEDIATION.
   (B)  ANY  POINT-OF-USE LEAD-REMOVAL FILTRATION DEVICE IMPLEMENTED BY A
 SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO
 THIS SUBDIVISION SHALL MEET NSF/ANSI STANDARD 53, OR ANY SUCCESSOR STAN-
 DARD, FOR LEAD REMOVAL.
   (C) ANY SCHOOL DISTRICT OR BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES
 IMPLEMENTING  A  CERTIFIED  POINT-OF-USE  LEAD-REMOVAL FILTRATION DEVICE
 PURSUANT TO THIS SUBDIVISION SHALL:
   (I) IMPLEMENT A WRITTEN MAINTENANCE AND REPLACEMENT SCHEDULE FOR  SUCH
 POINT-OF-USE LEAD-REMOVAL FILTRATION DEVICE;
   (II)  MAINTAIN  MAINTENANCE  LOGS  FOR  SUCH POINT-OF-USE LEAD-REMOVAL
 FILTRATION DEVICE;
   (III) CONDUCT  PERIODIC  VERIFICATION  SAMPLING  AS  DIRECTED  BY  THE
 DEPARTMENT; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15233-01-6
 A. 10681                            2
 
   (IV)  PROVIDE PUBLIC NOTICE TO PARENTS, GUARDIANS AND STAFF OF THE USE
 OF SUCH POINT-OF-USE LEAD-REMOVAL FILTRATION DEVICE.
   (D)  A  SCHOOL  DISTRICT  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
 REQUIRED TO IMPLEMENT  A  POINT-OF-USE  LEAD-REMOVAL  FILTRATION  DEVICE
 PURSUANT  TO THIS SUBDIVISION MAY DISCONTINUE THE USE OF SUCH FILTRATION
 DEVICE UPON DEMONSTRATING TO THE  DEPARTMENT  AND  THE  STATE  EDUCATION
 DEPARTMENT THAT:
   (I) LEAD SERVICE LINES HAVE BEEN REMOVED OR REPLACED;
   (II) DRINKING WATER FIXTURES ARE CERTIFIED LEAD-FREE; AND
   (III) TWO CONSECUTIVE TESTING CYCLES SHOW NO ACTION-LEVEL EXCEEDANCES.
   (E)  THE  DEPARTMENT  AND THE STATE EDUCATION DEPARTMENT SHALL JOINTLY
 ISSUE GUIDANCE TO SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL
 SERVICES  ESTABLISHING  APPROVED  POINT-OF-USE  LEAD-REMOVAL  FILTRATION
 DEVICES,  MAINTENANCE  PROCEDURES, DOCUMENTATION STANDARDS AND VERIFICA-
 TION TESTING PROTOCOLS.
   § 2. This act shall take effect on the first of July  next  succeeding
 the  date  on  which it shall have become a law; provided, however, that
 the department of health and the department of education are  authorized
 and  directed  to  promulgate  rules  and  regulations necessary for the
 implementation of this act on or before such date.