S T A T E O F N E W Y O R K
________________________________________________________________________
7103--C
I N S E N A T E
March 28, 2016
___________
Introduced by Sens. O'MARA, MARCELLINO, ADDABBO, AMEDORE, AVELLA, BONA-
CIC, CARLUCCI, FUNKE, LATIMER, MARCHIONE, MURPHY, RANZENHOFER, SERINO,
VALESKY -- read twice and ordered printed, and when printed to be
committed to the Committee on Health -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the public health law and the education law, in relation
to potable water testing and standards in 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. 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 PERIODIC
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 PERIODIC FIRST-DRAW TAP TESTING RESULTS IN FINDINGS OF NO
CONTAMINATION FOR A PERIOD TO BE DETERMINED BY THE COMMISSIONER, FIRST-
DRAWN TAP WATER TESTING SHALL BE CONDUCTED PERIODICALLY AT A FREQUENCY
TO BE DETERMINED BY THE COMMISSIONER.
3. WHERE A FINDING OF LEAD CONTAMINATION IS MADE, THE AFFECTED SCHOOL
DISTRICT SHALL: (A) CONTINUE FIRST-DRAWN TAP WATER TESTING PURSUANT TO
REGULATIONS PROMULGATED PURSUANT TO THIS SECTION; (B) PROVIDE SCHOOL
OCCUPANTS WITH AN ADEQUATE SUPPLY OF SAFE, POTABLE WATER FOR DRINKING AS
REQUIRED BY RULES AND REGULATIONS OF THE DEPARTMENT UNTIL FUTURE TESTS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14805-10-6
S. 7103--C 2
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
AS WELL AS POSTING SUCH TEST RESULTS ON THE SCHOOL DISTRICT'S WEBSITE.
4. POTABLE TAP WATER TESTING SHALL NOT BE REQUIRED FOR SCHOOL BUILD-
INGS BUILT AFTER TWO THOUSAND FOURTEEN.
5. 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 CONSIST-
ENT 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.
6. 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 AND
HAS BEEN FOUND TO BE BELOW LEAD LEVELS AS DETERMINED BY REGULATIONS
PROMULGATED PURSUANT TO THIS SECTION FOR SUCH BUILDINGS.
7. 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 AND ANY LEAD REMEDIATION PLANS 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, IN
CONJUNCTION WITH THE COMMISSIONER OF EDUCATION, SHALL PUBLISH A REPORT
BI-ANNUALLY BASED ON THE FINDINGS FROM THE TAP WATER TESTING CONDUCTED
ACCORDING TO THE PROVISIONS OF THIS SECTION. SUCH REPORT SHALL BE SENT
TO THE COMMISSIONER OF EDUCATION, THE GOVERNOR, THE TEMPORARY PRESIDENT
OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY AND SHALL BE MADE AVAIL-
ABLE ON THE DEPARTMENT'S AND STATE EDUCATION DEPARTMENT'S WEBSITES.
S 2. Section 3602 of the education law is amended by adding a new
subdivision 6-h to read as follows:
6-H. BUILDING AID FOR TESTING AND REMEDIATION OF POTABLE WATER
SYSTEMS. IN ADDITION TO THE APPORTIONMENTS PAYABLE TO A SCHOOL DISTRICT
PURSUANT TO SUBDIVISION SIX OF THIS SECTION, THE COMMISSIONER IS HEREBY
AUTHORIZED TO APPORTION TO ANY SCHOOL DISTRICT ADDITIONAL BUILDING AID
PURSUANT TO THIS SUBDIVISION FOR ITS APPROVED EXPENDITURES IN THE BASE
YEAR FOR THE TESTING AND REMEDIATION OF POTABLE WATER SYSTEMS REQUIRED
PURSUANT TO SECTION ELEVEN HUNDRED TEN OF THE PUBLIC HEALTH LAW. SUCH
AID SHALL EQUAL THE PRODUCT OF THE BUILDING AID RATIO DEFINED PURSUANT
TO PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION AND THE ACTUAL
APPROVED EXPENDITURES INCURRED IN THE BASE YEAR PURSUANT TO THIS SUBDI-
VISION, PROVIDED THAT THE LIMITATIONS ON COST ALLOWANCES PRESCRIBED BY
PARAGRAPH A OF SUBDIVISION SIX OF THIS SECTION SHALL NOT APPLY. THE
COMMISSIONER SHALL PRESCRIBE A SPECIAL COST ALLOWANCE FOR THE TESTING OF
POTABLE WATER SYSTEMS AND THE APPROVED EXPENDITURES SHALL NOT EXCEED
SUCH COST ALLOWANCE. THE COMMISSIONER SHALL DETERMINE WHAT QUALIFIES AS
AN APPROVED EXPENSE FOR THE REMEDIATION OF POTABLE WATER SYSTEMS
REQUIRED AS A RESULT OF WATER TESTING CONDUCTED PURSUANT TO SECTION
ELEVEN HUNDRED TEN OF THE PUBLIC HEALTH LAW.
S. 7103--C 3
S 3. Paragraph b of subdivision 5 of section 1950 of the education
law, as amended by section 80-a of part A of chapter 58 of the laws of
2011, is amended to read as follows:
b. The cost of services herein referred to shall be the amount allo-
cated to each component school district by the board of cooperative
educational services to defray expenses of such board, INCLUDING
APPROVED EXPENSES FROM THE TESTING OF POTABLE WATER SYSTEMS REQUIRED
PURSUANT TO SECTION ELEVEN HUNDRED TEN OF THE PUBLIC HEALTH LAW, except
that that part of the salary paid any teacher, supervisor or other
employee of the board of cooperative educational services which is in
excess of thirty thousand dollars shall not be such an approved expense,
and except also that administrative and clerical expenses shall not
exceed ten percent of the total expenses for purposes of this computa-
tion. Any gifts, donations or interest earned by the board of cooper-
ative educational services or on behalf of the board of cooperative
educational services by the dormitory authority or any other source
shall not be deducted in determining the cost of services allocated to
each component school district. Any payments made to a component school
district by the board of cooperative educational services pursuant to
subdivision eleven of section six-p of the general municipal law attrib-
utable to an approved cost of service computed pursuant to this subdivi-
sion shall be deducted from the cost of services allocated to such
component school district. The expense of transportation provided by
the board of cooperative educational services pursuant to paragraph q of
subdivision four of this section shall be eligible for aid apportioned
pursuant to subdivision seven of section thirty-six hundred two of this
chapter and no board of cooperative educational services transportation
expense shall be an approved cost of services for the computation of aid
under this subdivision. Transportation expense pursuant to paragraph q
of subdivision four of this section shall be included in the computation
of the ten percent limitation on administrative and clerical expenses.
S 4. Subdivision 6-f of section 3602 of the education law, as added by
section 19 of part H of chapter 83 of the laws of 2002, is amended to
read as follows:
6-f. Additional apportionment of building aid for certain projects. a.
In addition to the apportionment payable to a school district pursuant
to subdivision six of this section, the commissioner is hereby author-
ized to apportion to any school district additional building aid in the
amount equal to the product of its approved expenditures in the base
year for capital outlays from the district's general fund, capital fund
or reserved funds that are incurred on or after July first, two thousand
two for an eligible school construction project as defined in paragraph
b of this subdivision, and the district's applicable building aid ratio
as defined pursuant to paragraph c of subdivision six of this section.
Approved expenditures for capital outlays for eligible school
construction projects that are eligible for an apportionment pursuant to
this subdivision shall not be eligible for aid pursuant to subdivision
six of this section.
b. For the purposes of this subdivision, an "eligible school
construction project" shall mean a school construction project that is
entirely funded from capital outlays and:
(1) has a total project cost of one hundred thousand dollars or less;
provided however, that for any district, no more than one project shall
be eligible pursuant to this subparagraph for an apportionment within
the same school year; and/or
S. 7103--C 4
(2) is a construction emergency project to remediate emergency situ-
ations which arise in public school buildings and threaten the health
and/or safety of building occupants, as a result of the unanticipated
discovery of asbestos or other hazardous substances during construction
work on a school or significant damage caused by a fire, snow storm, ice
storm, excessive rain, high winds, flood or a similar catastrophic event
which results in the necessity for immediate repair. APPROVED EXPENDI-
TURES PURSUANT TO THIS SECTION SHALL INCLUDE EXPENDITURES THE COMMIS-
SIONER APPROVES FOR THE IMMEDIATE REMEDIATION OF POTABLE WATER SYSTEMS
DUE TO LEAD CONTAMINATION, REQUIRED AS A RESULT OF WATER TESTING
CONDUCTED PURSUANT TO SECTION ELEVEN HUNDRED TEN OF THE PUBLIC HEALTH
LAW; and/or
(3) if bonded pursuant to paragraph j of subdivision six of this
section, would cause a city school district in a city having a popu-
lation of less than one hundred twenty-five thousand inhabitants to
exceed ninety-five percent of its constitutional debt limit provided,
however, that any debt issued pursuant to paragraph c of section 104.00
of the local finance law shall not be included in such calculation.
S 5. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that effective immediately, the
commissioner of health shall be authorized to promulgate any and all
rules and regulations necessary to implement the provisions of this act
on its effective date.
