S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8287
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 9, 2025
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- 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 amended by  chap-
 ter 130 of the laws of 2022, 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  triennial
 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  test-
 ing shall be conducted and the results analyzed by an entity or entities
 approved by the commissioner.
   2.  Where  a finding of lead contamination IN EXCEEDANCE OF THE ACTION
 LEVEL is made, the affected school district shall: (a)  continue  first-
 drawn  tap water testing AND IMPLEMENTATION OF THE FILTER-FIRST DRINKING
 WATER MANAGEMENT PLAN REQUIRED BY SUBDIVISION SIX OF THIS SECTION pursu-
 ant 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  regu-
 lations  of  the  department  until  REMEDIATION IS COMPLETED AND 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11846-01-5
 A. 8287                             2
              

 
   3. 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.
   4. 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,  HAS
 INSTALLED  FILTERED  BOTTLE-FILLING STATIONS OR FILTERED FAUCETS, AS THE
 CASE MAY BE, PURSUANT TO THE FILTER-FIRST DRINKING WATER MANAGEMENT PLAN
 REQUIRED BY SUBDIVISION SIX OF THIS SECTION, and has been  found  to  be
 below  lead  levels as determined by regulations promulgated pursuant to
 this section, as amended, for such buildings.
   5. 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 remedi-
 ation] FILTER-FIRST DRINKING WATER MANAGEMENT plans, AS DEFINED PURSUANT
 TO SUBDIVISION SEVEN OF THIS SECTION, available to  the  public  on  its
 website  and  any additional 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 commissioner 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  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.
   6. PRIOR TO  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-SIX,  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 IMPLEMENT A  FILTER-FIRST  DRINKING
 WATER MANAGEMENT PLAN AS REQUIRED BY REGULATIONS PROMULGATED PURSUANT TO
 THIS SECTION.
   7.  FOR  THE  PURPOSES OF THIS SECTION, A "FILTER-FIRST DRINKING WATER
 MANAGEMENT PLAN" IS DEFINED AS A DRINKING  WATER  MANAGEMENT  PLAN  THAT
 INCLUDES, AT A MINIMUM:
   (A)  THE INSTALLATION AND MAINTENANCE OF AT LEAST ONE FILTERED BOTTLE-
 FILLING STATION FOR EVERY ONE  HUNDRED  OCCUPANTS  OF  THE  SCHOOL,  NOT
 INCLUDING  VISITORS  OR INDIVIDUALS ATTENDING SPECIAL EVENTS. AS USED IN
 THIS SECTION "FILTERED BOTTLE-FILLING STATION" MEANS AN APPARATUS  THAT:
 (I)  IS  CONNECTED  TO  CUSTOMER  SITE PIPING, (II) FILTERS WATER AND IS
 CERTIFIED TO MEET NSF/ANSI STANDARD 53 FOR LEAD REDUCTION  AND  NSF/ANSI
 STANDARD  42  FOR PARTICULATE REMOVAL, (III) HAS A FLOW RATE THROUGH THE
 STATION THAT IS  PAIRED  TO  THE  SPECIFIED  FLOW  RATE  OF  THE  FILTER
 CARTRIDGE, (IV) HAS A LIGHT OR OTHER DEVICE TO INDICATE FILTER CARTRIDGE
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 REPLACEMENT  STATUS,  (V)  IS DESIGNED TO FILL DRINKING BOTTLES OR OTHER
 CONTAINERS FOR PERSONAL WATER CONSUMPTION, AND (VI) INCLUDES A  DRINKING
 FOUNTAIN.  AS  USED IN THIS SECTION "DRINKING FOUNTAIN" MEANS A PLUMBING
 FIXTURE  THAT  IS CONNECTED TO THE POTABLE WATER DISTRIBUTION SYSTEM AND
 DRAINAGE SYSTEM THAT ALLOWS A USER TO OBTAIN A  DRINK  DIRECTLY  FROM  A
 STREAM OF FLOWING WATER WITHOUT THE USE OF ANY ACCESSORY;
   (B) THE INSTALLATION AND MAINTENANCE OF FILTERED FAUCETS ONLY WHEN THE
 INSTALLATION  OF A FILTERED BOTTLE-FILLING STATION IS NOT FEASIBLE BUT A
 WATER OUTLET FOR HUMAN CONSUMPTION  IS  NECESSARY,  INCLUDING,  BUT  NOT
 LIMITED  TO,  KITCHENS, NURSES' STATIONS, AND TEACHERS' LOUNGES. AS USED
 IN THIS SECTION "FILTERED FAUCET" MEANS A FAUCET THAT, AT THE  POINT  OF
 USE,  INCLUDES  A  FILTER THAT IS CERTIFIED TO MEET NSF/ANSI STANDARD 53
 FOR LEAD REDUCTION AND NSF/ANSI STANDARD 42 FOR PARTICULATE REMOVAL;
   (C) A SCHEDULE FOR THE REGULAR REPLACEMENT OF THE FILTER CARTRIDGE FOR
 EACH FILTERED BOTTLE-FILLING STATION AND FILTERED FAUCET  IN  COMPLIANCE
 WITH THE MANUFACTURER INSTRUCTIONS OR RECOMMENDATIONS OF THE DEPARTMENT;
   (D)  THE  SHUTTING  OFF  OR RENDERING PERMANENTLY INOPERABLE ANY WATER
 OUTLET PROVIDING WATER FOR HUMAN CONSUMPTION  THAT  IS  NOT  A  FILTERED
 BOTTLE-FILLING STATION OR FILTERED FAUCET; AND
   (E)  THE POSTING OF A CONSPICUOUS SIGN NEAR EACH WATER OUTLET INDICAT-
 ING WHETHER OR NOT THE OUTLET IS INTENDED TO  PROVIDE  WATER  FOR  HUMAN
 CONSUMPTION.
   8.  BEGINNING TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF
 THE LAWS OF TWO THOUSAND TWENTY-FIVE THAT  AMENDED  THIS  SECTION,  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 NOT INSTALL A FAUCET  INTENDED  FOR
 HUMAN  CONSUMPTION  OR  A  DRINKING  FOUNTAIN  OR BOTTLE-FILLING STATION
 UNLESS IT IS A FILTERED FAUCET OR A FILTERED BOTTLE-FILLING STATION.
   9. Expenses [for remediation] INCURRED  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 on the ninetieth day after it shall
 have become a law.