New York S 7840: Relates to expenses for potable water testing

Bill Text

STATE OF NEW YORK
________________________________________________________________________
7840
IN SENATE
January 12, 2022
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public health law and the education law, in relation
to expenses for potable water testing
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 1110 of the public health law, as amended by a
2 chapter of the laws of 2021 amending the public health law relating to
3 school potable water testing, as proposed in legislative bills numbers
4 S. 2122-A and A. 160-B, is amended to read as follows:
5 § 1110. School potable water testing and standards. 1. In addition to
6 school districts already classified as a public water system under parts
7 141 and 142 of title 40 of the code of federal regulations, as such
8 regulations may, from time to time, be amended, every school district
9 and board of cooperative educational services shall conduct triennial
10 first-drawn tap testing of potable water systems to monitor for lead
11 contamination in each occupied school building under its jurisdiction as
12 required by regulations promulgated pursuant to this section. The test-
13 ing shall be conducted and the results analyzed by an entity or entities
14 approved by the commissioner.
15 2. Where a finding of lead contamination is made, the affected school
16 district shall: (a) continue first-drawn tap water testing pursuant to
17 regulations promulgated pursuant to this section; (b) provide school
18 occupants with an adequate supply of safe, free to the school occupants,
19 potable water for drinking as required by rules and regulations of the
20 department until future tests indicate lead levels pursuant to regu-
21 lations promulgated pursuant to this section; and (c) provide parents or
22 persons in parental relation to a child attending said school with writ-
23 ten notification of test results.
24 3. The commissioner, in consultation with the commissioner of educa-
25 tion, shall promulgate regulations to carry out the provisions of this
26 section. Notwithstanding any other provision of law to the contrary, the
27 regulations promulgated with regard to lead levels shall be consistent
28 with the requirements for those school districts classified as a public
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD00523-08-2

S. 7840 2
1 water system under parts 141 and 142 of title 40 of the code of federal
2 regulations as such regulations may, from time to time, be amended;
3 provided, however, that the lead action level is exceeded if the concen-
4 tration of lead is greater than 0.005 milligrams per liter.
5 4. The commissioner may grant a waiver from the testing requirements
6 of this section for certain school buildings, provided that the school
7 district has substantially complied with the testing requirements and
8 has been found to be below lead levels as determined by regulations
9 promulgated pursuant to this section, as amended, for such buildings.
10 Each school district and board of cooperative educational services5.
11 conducting testing pursuant to subdivision one of this section and each
12 school district classified as a public water system under parts 141 and
13 142 of title 40 of the code of federal regulations, as such regulations
14 may, from time to time, be amended, shall make a copy of the results of
15 all such testing, including laboratory reports, and any lead remediation
16 plans available to the public on its website and any additional means as
17 chosen by such district. A copy of the results of all testing shall also
18 be immediately transmitted to the department and state education depart-
19 ment in a format to be determined by the commissioner and to the county
20 department of health in the local jurisdiction of the school building.
21 The commissioner of education, in conjunction with the commissioner,
22 shall publish a report triennially based on the findings from the tap
23 water testing conducted according to the provisions of this section.
24 Such report shall be sent to the commissioner, the governor, the tempo-
25 rary president of the senate, and the speaker of the assembly and shall
26 be made available on the department's and state education department's
27 websites.
28 [ ] Expenses for remediation under this section and any regu-5. 6.
29 lations promulgated thereto shall be fully reimbursable from funds
30 appropriated through the department of environmental conservation for
31 clean water infrastructure projects.
32 § 2. Paragraph b of subdivision 5 of section 1950 of the education
33 law, as amended by chapter 296 of the laws of 2016, is amended to read
34 as follows:
35 b. The cost of services herein referred to shall be the amount allo-
36 cated to each component school district by