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
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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.