S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2122--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2021
                                ___________
 
 Introduced  by Sens. RIVERA, ADDABBO, BENJAMIN, BIAGGI, BRISPORT, BROUK,
   COMRIE, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, LIU, MANNION,
   MAY, SALAZAR, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY -- read twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Health -- reported favorably from said committee and committed to  the
   Committee  on  Finance  -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public health law, in  relation  to  school  potable
   water testing
 
   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 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]
 TRIENNIAL  first-drawn  tap  testing of potable water systems to monitor
 for lead contamination in each occupied school building under its juris-
 diction 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.
   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, FREE TO THE SCHOOL OCCUPANTS,
 potable water for drinking as required by rules and regulations  of  the
 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 with writ-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00523-07-1

 S. 2122--A                          2
 
 ten notification of test results [as well as posting such  test  results
 on the school district's website].
   3. [First-drawn tap testing shall not be required for school buildings
 that  have  been  deemed  "lead-free"  as defined by section 1417 of the
 federal safe drinking water act.
   4.] 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  consistent
 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;
 PROVIDED, HOWEVER, THAT THE LEAD ACTION LEVEL IS EXCEEDED IF THE CONCEN-
 TRATION OF LEAD IS GREATER THAN 0.005 MILLIGRAMS PER LITER.
   [5. 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.
   6.] 4. 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, INCLUDING LABORATORY REPORTS, and any lead
 remediation plans available to the public on its website and  any  addi-
 tional  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 commis-
 sioner and to the county department of health in the local  jurisdiction
 of  the  school  building. The commissioner of education, in conjunction
 with the commissioner, shall publish a report  [biennially]  TRIENNIALLY
 based  on the findings from the tap water testing conducted according to
 the provisions of this section. Such report shall be sent to the commis-
 sioner, 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 websites.
   5. EXPENSES FOR REMEDIATION UNDER THIS  SECTION  AND  ANY  REGULATIONS
 PROMULGATED  THERETO SHALL BE FULLY REIMBURSABLE FROM FUNDS APPROPRIATED
 THROUGH THE DEPARTMENT OF ENVIRONMENTAL  CONSERVATION  FOR  CLEAN  WATER
 INFRASTRUCTURE PROJECTS.
   §  2. This act shall take effect one year after it shall have become a
 law.  Effective immediately the commissioner of health  may  make  regu-
 lations and take other actions necessary to implement this act.