Senate Bill S2438A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2438--A
     Cal. No. 1046
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2025
                                ___________
 
 Introduced  by Sens. GIANARIS, JACKSON, KAVANAGH, LIU, MAY, WEBB -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Health  --  recommitted  to  the Committee on Health in
   accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
   committee and committed to the Committee on Finance -- reported favor-
   ably  from said committee, ordered to first and second report, ordered
   to a third reading, amended and ordered reprinted, retaining its place
   in the order of third reading
 
 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 THEIR JURISDICTION. 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; (B) PROVIDE PARK VISITORS WITH  AN  ADEQUATE  SUPPLY  OF  SAFE,
 POTABLE WATER FOR DRINKING AT NO CHARGE UNTIL FUTURE TESTS INDICATE LEAD
 LEVELS  ARE  BELOW THE ACTION LEVEL; (C) IMMEDIATELY TAKE OUT OF SERVICE
 SUCH POTABLE WATER OUTLET IF IT IS INTENDED FOR DRINKING OR COOKING; (D)
 CONSPICUOUSLY POST WARNINGS TO PARK VISITORS, THE FORM  AND  CONTENT  OF
 SUCH  WARNINGS TO BE DETERMINED BY THE COMMISSIONER, AT ANY OUTLET WHERE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01802-07-6
 S. 2438--A                          2
 
 LEAD CONTAMINATION WAS FOUND, REGARDLESS OF  WHETHER  SUCH  OUTLETS  ARE
 INTENDED  FOR  DRINKING  OR  COOKING,  AND  POST  SUCH WARNINGS AND TEST
 RESULTS ON THE PARK'S WEBSITE; AND (E) IMMEDIATELY TRANSMIT  A  COPY  OF
 THE  RESULTS  OF ALL SUCH TESTING, INCLUDING LABORATORY REPORTS, AND ANY
 LEAD REMEDIATION PLANS TO  THE  COMMISSIONER  AND  THE  COMMISSIONER  OF
 PARKS, RECREATION AND HISTORIC PRESERVATION IN A FORMAT TO BE DETERMINED
 BY SUCH COMMISSIONERS.
   3.  THE  COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF PARKS,
 RECREATION AND HISTORIC PRESERVATION, SHALL MAKE  REGULATIONS  TO  CARRY
 OUT THE PROVISIONS OF THIS SECTION.
   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, IN CONJUNCTION WITH THE COMMIS-
 SIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION, 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 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 PRESERVATION'S WEBSITES.
   5. FOR THE PURPOSES OF THIS SECTION, "LEAD ACTION LEVEL" SHALL MEAN  A
 CONCENTRATION OF LEAD THAT IS GREATER THAN 0.005 MILLIGRAMS PER LITER.
   6.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO ANY PARK UNDER
 THE MANAGEMENT OR CONTROL OF THE NEW YORK CITY DEPARTMENT OF  PARKS  AND
 RECREATION,  PROVIDED  THAT  SUCH  DEPARTMENT IMPLEMENTS A POTABLE WATER
 TESTING PROGRAM FOR SUCH PARKS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.