S T A T E O F N E W Y O R K ________________________________________________________________________ 666 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law and the education law, in relation to the water dispensed within public schools THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The public health law is amended by adding a new section 2 1110 to read as follows: 3 S 1110. REPORT. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER 4 OF EDUCATION, SHALL CAUSE TO BE PREPARED AND SHALL PUBLISH A REPORT 5 BASED ON ANY FINDINGS FROM THE ANNUAL LEAD-COPPER TAP WATER TESTING 6 CONDUCTED AT THE DIRECTION OF THE COMMISSIONER OF EDUCATION PURSUANT TO 7 THE PROVISIONS OF SECTION FOUR HUNDRED NINE-L OF THE EDUCATION LAW. SUCH 8 REPORT SHALL BE SENT TO THE COMMISSIONER OF EDUCATION AND SHALL BE MADE 9 AVAILABLE TO THE PARENTS AND PERSONS IN PARENTAL RELATION OF ANY CHILD 10 ATTENDING THE AFFECTED SCHOOL DISTRICT PURSUANT TO THE PROVISIONS OF 11 SUCH SECTION FOUR HUNDRED NINE-L. 12 S 2. Subdivision 1 of section 1102 of the public health law, as 13 amended by chapter 655 of the laws of 1978, is amended to read as 14 follows: 15 1. If any inspection discloses a violation of any rule or regulation 16 promulgated pursuant to section one thousand one hundred of this chapter 17 relating to a temporary or permanent source or act of contamination OR 18 A FINDING OF CONTAMINATION PURSUANT TO SECTION FOUR HUNDRED NINE-L OF 19 THE EDUCATION LAW, the person, officer, board, or commission having the 20 management and control of the potable water supply of the municipality, 21 state or United States institution, park, reservation or post, and in 22 the city of New York, the commissioner of environmental protection, and 23 the board of water supply of the city of New York, or the corporation 24 furnishing such supply shall cause a copy of the rule or regulation EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01589-01-1 S. 666 2 1 violated to be served upon the person violating the same, with a notice 2 of such violation. If the person served does not comply immediately with 3 the rule or regulation violated, such person, officer, board, corpo- 4 ration or commission, except in a case concerning the violation of a 5 rule or regulation relating to a temporary or permanent source or act of 6 contamination affecting the potable water supply of the city of New 7 York, shall notify the department of the violation. 8 S 3. The education law is amended by adding a new section 409-l to 9 read as follows: 10 S 409-L. SCHOOL LEAD-COPPER TAP WATER TESTING. 1. THE COMMISSIONER, 11 IN CONJUNCTION WITH THE COMMISSIONER OF HEALTH, SHALL REQUIRE SCHOOL 12 DISTRICTS TO CONDUCT AN ANNUAL SCHOOL LEAD-COPPER TAP WATER TESTING TO 13 MONITOR FOR LEAD CONTAMINATION. EACH SCHOOL DISTRICT SHALL PROVIDE THE 14 RESULTS OF SUCH TESTING TO THE COMMISSIONER. THE COMMISSIONER SHALL 15 TRANSMIT A COPY OF SUCH RESULTS TO THE COMMISSIONER OF HEALTH. FOR 16 PURPOSES OF THIS SECTION, TAP WATER SHALL BE CONSIDERED CONTAMINATED IF 17 SUCH TAP WATER EXCEEDS THE LEAD OR COPPER ACTION LEVEL BASED ON 18 FIRST-DRAW TAP SAMPLES AS PROVIDED IN RULES AND REGULATIONS OF THE 19 DEPARTMENT OF HEALTH AUTHORIZED UNDER SECTION TWO HUNDRED ONE OF THE 20 PUBLIC HEALTH LAW. WHERE A FINDING OF CONTAMINATION IS MADE, THE 21 AFFECTED SCHOOL DISTRICT SHALL: 22 (A) CONTINUE TESTING EVERY SIX MONTHS UNTIL TEST RESULTS INDICATE 23 ACCEPTABLE LEAD AND COPPER LEVELS AS AUTHORIZED UNDER SECTION TWO 24 HUNDRED ONE OF THE PUBLIC HEALTH LAW; 25 (B) PROVIDE CHILDREN WITH AN ADEQUATE SUPPLY OF SAFE, POTABLE WATER 26 FOR DRINKING AS REQUIRED BY RULES AND REGULATIONS OF THE DEPARTMENT 27 AUTHORIZED UNDER SECTION TWO HUNDRED ONE OF THE PUBLIC HEALTH LAW UNTIL 28 FUTURE TESTS INDICATE ACCEPTABLE LEVELS AS AUTHORIZED UNDER SECTION TWO 29 HUNDRED ONE OF THE PUBLIC HEALTH LAW; 30 (C) PROVIDE PARENTS OF CHILDREN ATTENDING SAID SCHOOL WITH: 31 (I) WRITTEN NOTIFICATION OF TEST RESULTS; 32 (II) CHILDREN'S AVAILABILITY TO AN ADEQUATE SUPPLY OF SAFE, POTABLE 33 WATER FOR DRINKING; 34 (III) NOTIFICATION OF WHEN THE NEXT SCHEDULED TAP WATER TESTING WILL 35 OCCUR; AND 36 (IV) NOTIFICATION OF THE DISTRICT'S PLAN TO ELIMINATE THE SOURCE OF 37 LEAD EXPOSURE TO CHILDREN; AND 38 (D) PROVIDE THE COMMISSIONER WITH NOTIFICATION OF THE DISTRICT'S 39 INVESTIGATION AS TO THE SOURCE OF LEAD EXPOSURE IN THE WATER AND THE 40 DISTRICT'S PLAN TO ELIMINATE THE SOURCE OF LEAD EXPOSURE TO CHILDREN. 41 2. FOR PURPOSES OF THIS SECTION "WRITTEN NOTIFICATION" SHALL MEAN AND 42 INCLUDE NOTICE IN WRITING THAT IS PROVIDED DIRECTLY TO THE STAFF, 43 PARENTS OR PERSONS IN PARENTAL RELATION TO STUDENTS; OR DELIVERED TO A 44 RECEPTACLE DESIGNATED FOR THAT STUDENT OR STAFF; OR MAILED TO THE 45 STUDENT'S OR STAFF'S LAST KNOWN ADDRESS; OR DELIVERED BY ANY OTHER 46 REASONABLE METHODS AUTHORIZED BY THE COMMISSIONER. 47 3. SCHOOL DISTRICTS SHALL NOT BE REQUIRED TO CONDUCT ANNUAL LEAD-COP- 48 PER TAP WATER TESTING REQUIRED PURSUANT TO THIS SECTION AT THOSE SCHOOL 49 BUILDINGS WITHIN THE DISTRICT (A) BUILT WITHOUT THE USE OF LEAD PIPING; 50 OR (B) WHERE A FINDING OF NO CONTAMINATION HAS BEEN MADE FOR A PERIOD OF 51 THREE CONSECUTIVE YEARS. 52 S 4. This act shall take effect September 1, 2012.