§ 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 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 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
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.

3. The commissioner, in consultation with the commissioner of
education, 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 concentration of lead is greater than 0.005 milligrams
per liter.

4. 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, as amended, for such buildings.

5. 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 additional 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 commissioner 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 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 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 websites.

6. 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.