S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6046--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2019
                                ___________
 
 Introduced  by  M. of A. RYAN -- read once and referred to the Committee
   on Health -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the public health law, in relation to expanding lead
   testing to day care facilities

   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 added by chapter
 296 of the laws of 2016, is amended to read as follows:
   § 1110. School AND DAY CARE potable water testing  and  standards.  1.
 FOR  THE  PURPOSES  OF  THIS SECTION, "DAY CARE FACILITIES" SHALL MEAN A
 CHILD DAY CARE CENTER, LICENSED WITH THE OFFICE OF CHILDREN  AND  FAMILY
 SERVICES.  THE PROVISIONS OF THIS SECTION DO NOT APPLY TO CHILD DAY CARE
 CENTERS,  GROUP FAMILY DAY CARE HOMES, FAMILY DAY CARE HOMES, SCHOOL-AGE
 CHILD CARE PROGRAMS AND SMALL DAY CARE CENTERS THAT HOLD A PERMIT ISSUED
 BY THE NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE.
   2. 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,
 AND DAY CARE FACILITY 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 testing shall be conducted and
 the results analyzed by an entity or entities approved  by  the  commis-
 sioner.
   [2.]  3.  Where  a finding of lead contamination is made, the affected
 school district OR DAY CARE FACILITY 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02948-03-9

 A. 6046--A                          2
 
 department until future tests indicate lead  levels  pursuant  to  regu-
 lations promulgated pursuant to this section; and (c) provide parents or
 persons  in  parental  relation  to a child attending said school OR DAY
 CARE FACILITY with written notification of test results as well as post-
 ing such test results on the school district's website.
   [3.]  4.  First-drawn  tap testing shall not be required for school OR
 DAY CARE FACILITY buildings that have been deemed "lead-free" as defined
 by section 1417 of the federal safe drinking water act.
   [4.] 5. The commissioner, in consultation  with  the  commissioner  of
 education  AND  THE  COMMISSIONER OF CHILDREN AND FAMILY SERVICES, shall
 promulgate regulations to carry out  the  provisions  of  this  section.
 Notwithstanding  any  other  provision of law to the contrary, the regu-
 lations promulgated with regard to lead levels shall be consistent  with
 the requirements for those school districts OR DAY CARE FACILITIES clas-
 sified  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.
   [5.]  6.  The  commissioner  IN  CONSULTATION WITH THE COMMISSIONER OF
 CHILDREN AND FAMILY SERVICES,  may  grant  a  waiver  from  the  testing
 requirements  of  this  section  for  certain school buildings, provided
 that, the  school  district  OR  DAY  CARE  FACILITY  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.
   [6.]  7.  Each school district [and], board of cooperative educational
 services, AND DAY CARE FACILITY conducting testing pursuant to  subdivi-
 sion 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 reme-
 diation plans available to the public on its website and any  additional
 means  as chosen by such SCHOOL district OR DAY CARE FACILITY. A copy of
 the results of all testing shall also be immediately transmitted to  the
 department [and], state education department, AND OFFICE OF CHILDREN AND
 FAMILY  SERVICES 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 AND THE COMMISSIONER OF CHILDREN
 AND FAMILY SERVICES, in conjunction with the commissioner, 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 commissioner, 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  AND  OFFICE  OF
 CHILDREN AND FAMILY SERVICES' websites.
   8.  SUBJECT  TO  APPROPRIATION, THE COMMISSIONER MAY PROVIDE FINANCIAL
 ASSISTANCE TO ASSIST DAY  CARE  FACILITIES  WITH  COMPLIANCE  WITH  THIS
 SECTION  WHEN SUCH COMPLIANCE IMPOSES AN UNREASONABLE FINANCIAL HARDSHIP
 AS DETERMINED BY THE COMMISSIONER ON THE DAY CARE FACILITY AND SUCH  DAY
 CARE FACILITIES ARE NOT ELIGIBLE FOR BUILDING AID UNDER SECTION NINETEEN
 FIFTY OR THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.