S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7253--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 18, 2019
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  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 potable water
   testing at schools and state and local parks

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 1 and 2 of section 1110 of the public health
 law, as added by chapter 296 of the laws of 2016, are amended to read as
 follows:
   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  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 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
 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;  AND  (D) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
 ABATE SUCH CONTAMINATION WITHIN NINETY DAYS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04398-03-9

 A. 7253--A                          2
 
   § 2. 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 HIS OR HER 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 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  PURSUANT  TO  REGULATIONS PROMULGATED PURSUANT TO THIS SECTION;
 (B) PROVIDE PARK VISITORS WITH AN ADEQUATE SUPPLY OF SAFE, POTABLE WATER
 FOR DRINKING AS REQUIRED BY RULES  AND  REGULATIONS  OF  THE  DEPARTMENT
 UNTIL  FUTURE TESTS INDICATE LEAD LEVELS PURSUANT TO REGULATIONS PROMUL-
 GATED PURSUANT TO THIS SECTION; (C) CONSPICUOUSLY POST WARNINGS TO  PARK
 VISITORS  THE FORM AND CONTENT OF SUCH WARNINGS TO BE PROMULGATED BY THE
 COMMISSIONER, AS WELL AS POSTING SUCH WARNINGS AND TEST RESULTS  ON  THE
 PARK'S  WEBSITE; (D) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRA-
 RY, ABATE SUCH CONTAMINATION WITHIN NINETY  DAYS;  AND  (E)  IMMEDIATELY
 TRANSMIT  A COPY OF THE RESULTS OF ALL SUCH TESTING AND ANY LEAD REMEDI-
 ATION PLANS TO THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC  PRES-
 ERVATION IN A FORMAT TO BE DETERMINED BY SUCH COMMISSIONER.
   3.  THE  COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF PARKS,
 RECREATION AND HISTORIC PRESERVATION, SHALL  PROMULGATE  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 OF PARKS, RECREATION AND HISTORIC
 PRESERVATION, 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 OFFICE OF PARKS, RECREATION AND HISTORIC PRESER-
 VATION'S WEBSITES.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on its effective date are authorized and directed to be made
 and completed on or before such effective date.