S T A T E   O F   N E W   Y O R K
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                                  147--A
     Cal. No. 184
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  GIANARIS,  HOYLMAN-SIGAL, JACKSON, KAVANAGH, LIU,
   MANNION -- 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 -- reported favor-
   ably from said committee, ordered to first and second report,  ordered
   to a third reading, amended and ordered reprinted, retaining its place
   in the order of third reading
 
 AN  ACT  to  amend  the  public health law, in relation to potable water
   testing at state and local parks
 
   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-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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01884-02-3
 S. 147--A                           2
 
 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, INCLUDING LABORATORY
 REPORTS, AND ANY LEAD REMEDIATION PLANS TO THE  COMMISSIONER  OF  PARKS,
 RECREATION  AND  HISTORIC  PRESERVATION  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, PROVIDED THAT SUCH REGULATIONS
 SHALL INCLUDE THAT LEAD ACTION LEVELS ARE EXCEEDED IF THE  CONCENTRATION
 OF LEAD IS GREATER THAN 0.005 MILLIGRAMS PER LITER.
   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.
   § 2. 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  to  be  made  and
 completed on or before such effective date.