S T A T E   O F   N E W   Y O R K
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                                 1601--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2011
                               ___________

Introduced by M. of A. McENENY, COLTON, MILLMAN, CANESTRARI, WEISENBERG,
  ENGLEBRIGHT,  ROSENTHAL  --  Multi-Sponsored  by  --  M. of A. CAHILL,
  CLARK, COOK, GANTT, JACOBS, LUPARDO, ORTIZ, WRIGHT --  read  once  and
  referred  to  the  Committee  on  Health -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN ACT to amend the public health law and the education law, in relation
  to the water dispensed within public schools

  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 to read as follows:
  S 1110. REPORT. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER
OF  EDUCATION,  SHALL  CAUSE  TO  BE PREPARED AND SHALL PUBLISH A REPORT
BASED ON ANY FINDINGS FROM THE  ANNUAL  LEAD-COPPER  TAP  WATER  TESTING
CONDUCTED  AT THE DIRECTION OF THE COMMISSIONER OF EDUCATION PURSUANT TO
THE PROVISIONS OF SECTION FOUR HUNDRED NINE-L OF THE EDUCATION LAW. SUCH
REPORT SHALL BE SENT TO THE COMMISSIONER OF EDUCATION AND SHALL BE  MADE
AVAILABLE  TO  THE PARENTS AND PERSONS IN PARENTAL RELATION OF ANY CHILD
ATTENDING THE AFFECTED SCHOOL DISTRICT PURSUANT  TO  THE  PROVISIONS  OF
SUCH SECTION FOUR HUNDRED NINE-L.
  S  2.  Subdivision  1  of  section  1102  of the public health law, as
amended by chapter 655 of the laws  of  1978,  is  amended  to  read  as
follows:
  1.  If  any inspection discloses a violation of any rule or regulation
promulgated pursuant to section one thousand one hundred of this  [chap-
ter] TITLE relating to a temporary or permanent source or act of contam-
ination   OR A FINDING OF CONTAMINATION PURSUANT TO SECTION FOUR HUNDRED
NINE-L OF THE EDUCATION LAW, the person, officer, board,  or  commission
having  the  management  and  control of the potable water supply of the
municipality, state or United States institution, park,  reservation  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01589-03-1
              

A. 1601--A                          2

post,  and  in  the  city of New York, the commissioner of environmental
protection, and the board of water supply of the city of  New  York,  or
the corporation furnishing such supply shall cause a copy of the rule or
regulation  violated  to  be  served upon the person violating the same,
with a notice of such violation. If the person served  does  not  comply
immediately  with the rule or regulation violated, such person, officer,
board, corporation or  commission,  except  in  a  case  concerning  the
violation  of  a rule or regulation relating to a temporary or permanent
source or act of contamination affecting the potable water supply of the
city of New York, shall notify the department of the violation.
  S 3. The education law is amended by adding a  new  section  409-l  to
read as follows:
  S  409-L.  SCHOOL LEAD-COPPER TAP WATER TESTING.  1. THE COMMISSIONER,
IN CONJUNCTION WITH THE COMMISSIONER OF  HEALTH,  SHALL  REQUIRE  SCHOOL
DISTRICTS  TO  CONDUCT AN ANNUAL SCHOOL LEAD-COPPER TAP WATER TESTING TO
MONITOR FOR LEAD CONTAMINATION IN EACH SCHOOL BUILDING IN SUCH DISTRICT.
EACH SCHOOL DISTRICT SHALL PROVIDE THE RESULTS OF SUCH  TESTING  TO  THE
COMMISSIONER.  THE COMMISSIONER SHALL TRANSMIT A COPY OF SUCH RESULTS TO
THE COMMISSIONER OF HEALTH.   FOR PURPOSES OF THIS  SECTION,  TAP  WATER
SHALL  BE  CONSIDERED CONTAMINATED IF SUCH TAP WATER EXCEEDS THE LEAD OR
COPPER ACTION LEVEL BASED ON FIRST-DRAW TAP SAMPLES AS PROVIDED IN RULES
AND REGULATIONS OF THE DEPARTMENT OF HEALTH AUTHORIZED UNDER SECTION TWO
HUNDRED ONE OF THE PUBLIC HEALTH LAW.  WHERE A FINDING OF  CONTAMINATION
IS MADE, THE AFFECTED SCHOOL DISTRICT SHALL:
  (A)  CONTINUE  TESTING  EVERY  SIX  MONTHS UNTIL TEST RESULTS INDICATE
ACCEPTABLE LEAD AND  COPPER  LEVELS  AS  AUTHORIZED  UNDER  SECTION  TWO
HUNDRED ONE OF THE PUBLIC HEALTH LAW;
  (B)  PROVIDE  STUDENTS  WITH AN ADEQUATE SUPPLY OF SAFE, POTABLE WATER
FOR DRINKING AS REQUIRED BY RULES  AND  REGULATIONS  OF  THE  DEPARTMENT
AUTHORIZED  UNDER SECTION TWO HUNDRED ONE OF THE PUBLIC HEALTH LAW UNTIL
FUTURE TESTS INDICATE ACCEPTABLE LEVELS AS AUTHORIZED UNDER SECTION  TWO
HUNDRED ONE OF THE PUBLIC HEALTH LAW;
  (C) PROVIDE PARENTS OF STUDENTS ATTENDING THE AFFECTED SCHOOL WITH:
  (I) WRITTEN NOTIFICATION OF TEST RESULTS;
  (II)  CONFIRMATION  OF  STUDENTS ACCESS TO AN ADEQUATE SUPPLY OF SAFE,
POTABLE WATER FOR DRINKING;
  (III) NOTIFICATION OF WHEN THE NEXT SCHEDULED TAP WATER  TESTING  WILL
OCCUR; AND
  (IV)  NOTIFICATION  OF  THE DISTRICT'S PLAN TO ELIMINATE THE SOURCE OF
LEAD EXPOSURE TO STUDENTS; AND
  (D) PROVIDE THE  COMMISSIONER  WITH  NOTIFICATION  OF  THE  DISTRICT'S
INVESTIGATION  AS  TO  THE  SOURCE OF LEAD EXPOSURE IN THE WATER AND THE
DISTRICT'S PLAN TO ELIMINATE THE SOURCE OF LEAD EXPOSURE TO STUDENTS.
  2. FOR PURPOSES OF THIS SECTION "WRITTEN NOTIFICATION" SHALL MEAN  AND
INCLUDE  NOTICE  IN  WRITING  THAT  IS  PROVIDED  DIRECTLY TO THE STAFF,
PARENTS OR PERSONS IN PARENTAL RELATION TO STUDENTS; OR DELIVERED  TO  A
RECEPTACLE  DESIGNATED  FOR  THAT  STUDENT  OR  STAFF;  OR MAILED TO THE
STUDENT'S OR STAFF'S LAST KNOWN  ADDRESS;  OR  DELIVERED  BY  ANY  OTHER
REASONABLE METHODS AUTHORIZED BY THE COMMISSIONER.
  3.  SCHOOL DISTRICTS SHALL NOT BE REQUIRED TO CONDUCT ANNUAL LEAD-COP-
PER TAP WATER TESTING REQUIRED PURSUANT TO THIS SECTION AT THOSE  SCHOOL
BUILDINGS  WITHIN THE DISTRICT (A) BUILT WITHOUT THE USE OF LEAD PIPING;
OR (B) WHERE A FINDING OF NO CONTAMINATION HAS BEEN MADE FOR A PERIOD OF
THREE CONSECUTIVE YEARS.
  S 4. This act shall take effect September 1, 2013.