S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7686
 
                             I N  S E N A T E
 
                              January 7, 2022
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 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 amended by  chap-
 ter 771 of the laws of 2021, 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 triennial 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,
 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 regulations promulgated pursuant to this section; and
 (c) provide parents or persons in parental relation to a child attending
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08263-02-2
              

 S. 7686                             2
 
 said  school  OR  DAY  CARE  FACILITY  with written notification of test
 results.
   [3.]  4.  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; provided, however,  that  the  lead  action  level  is
 exceeded  if  the concentration of lead is greater than 0.005 milligrams
 per liter.
   [4.] 5. 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, including  labora-
 tory  reports, and any lead remediation 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 depart-
 ment,  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  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], THE state education department's AND OFFICE OF CHILDREN AND FAMI-
 LY SERVICES' websites.
   [5.] 6. Expenses for remediation under  this  section  and  any  regu-
 lations  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 on the same date and in the same
 manner as chapter 771 of the laws of 2021, takes effect.