Provides for annual school lead-copper tap water testing; requires the publishing of reports of contamination and abatement of such contamination; requires school districts to provide potable water to school children attending affected schools; exempts those schools built without use of lead piping and those schools where a finding of no contamination has been made for three consecutive years.
BILL NUMBER:S666A REVISED 01/09/12
TITLE OF BILL: An act to amend the public health law and the education law, in relation to the water dispensed within public schools
PURPOSE: To protect children from the irreversible health effects caused by lead contamination by ensuring that the water children drink in schools is safe and free from lead by requiring school districts to conduct annual school lead-copper tap water testing to monitor for lead contamination.
SUMMARY OF PROVISIONS: Section 1 amends the public health law by adding a new section 1110 that will require the commissioner of Health in conjunction with the commissioner of Education to prepare and publish a report based on the findings of the lead-copper tap water testing, and would require that the report be sent to the commissioner of education and be available to parents of children in the affected school.
Section 2 amends 1102 of the public health law to include a finding of contamination pursuant to section 409-1 of the education law.
Section 3 amends the education law by adding a new section 409-1 which requires school lead-copper tap water testing to monitor for lead contamination (except in schools that have been built without lead piping, or where a finding of no contamination has been made for a period of three years,) and sets forth levels that would exceed those that are acceptable. It would also require the results to be transmitted to the commissioner of education and the commissioner of health. If contamination is found the school district shall:
- Continue testing until test results are acceptable;
- Supply children with an adequate supply of potable water;
- Provide parents with written notification (which is explicitly spelled out) of test results, and district's plan to eliminate the source of lead exposure.
Section 4 is the effective date.
JUSTIFICATION: Research has clearly shown that lead in drinking water poses serious, irreversible health effects to children. Currently school facilities are required to provide "safe, potable water", but the regulations do not call for testing where the school is not the water supplier. The only way to ensure that the water is truly "safe and potable" is to
require testing for lead and to mandate that the results of those tests be made public.
LEGISLATIVE HISTORY: 2009/10: A.2359A/S.6174 - Passed Assembly 2007/08: A.2279/S.3580 - Passed Assembly 2005/06: A.1467A - Passed Assembly 2003/04: A.1898 - Passed Assembly 2001/02: A.7677C - Passed Assembly
FISCAL IMPLICATIONS: None to State.
EFFECTIVE DATE: This act shall take effect September 1, 2013.
STATE OF NEW YORK ________________________________________________________________________ 666--A 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: Section 1. The public health law is amended by adding a new section 1110 to read as follows: S 1110. REPORT. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER OF EDUCATION, SHALL CAUSE TO BE PREPARED AND SHALL PUBLISH A REPORT BASED ON ANY FINDINGS FROM THE ANNUAL LEAD-COPPER TAP WATER TESTING CONDUCTED AT THE DIRECTION OF THE COMMISSIONER OF EDUCATION PURSUANT TO THE PROVISIONS OF SECTION FOUR HUNDRED NINE-L OF THE EDUCATION LAW. SUCH REPORT SHALL BE SENT TO THE COMMISSIONER OF EDUCATION AND SHALL BE MADE AVAILABLE TO THE PARENTS AND PERSONS IN PARENTAL RELATION OF ANY CHILD ATTENDING THE AFFECTED SCHOOL DISTRICT PURSUANT TO THE PROVISIONS OF SUCH SECTION FOUR HUNDRED NINE-L. S 2. Subdivision 1 of section 1102 of the public health law, as amended by chapter 655 of the laws of 1978, is amended to read as follows: 1. If any inspection discloses a violation of any rule or regulation promulgated pursuant to section one thousand one hundred of this
[chap- ter]TITLE relating to a temporary or permanent source or act of contam- ination OR A FINDING OF CONTAMINATION PURSUANT TO SECTION FOUR HUNDRED NINE-L OF THE EDUCATION LAW, the person, officer, board, or commission having the management and control of the potable water supply of the municipality, state or United States institution, park, reservation or post, and in the city of New York, the commissioner of environmentalEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01589-02-1 S. 666--A 2
protection, and the board of water supply of the city of New York, or the corporation furnishing such supply shall cause a copy of the rule or regulation violated to be served upon the person violating the same, with a notice of such violation. If the person served does not comply immediately with the rule or regulation violated, such person, officer, board, corporation or commission, except in a case concerning the violation of a rule or regulation relating to a temporary or permanent source or act of contamination affecting the potable water supply of the city of New York, shall notify the department of the violation. S 3. The education law is amended by adding a new section 409-l to read as follows: S 409-L. SCHOOL LEAD-COPPER TAP WATER TESTING. 1. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER OF HEALTH, SHALL REQUIRE SCHOOL DISTRICTS TO CONDUCT AN ANNUAL SCHOOL LEAD-COPPER TAP WATER TESTING TO MONITOR FOR LEAD CONTAMINATION IN EACH SCHOOL BUILDING IN SUCH DISTRICT. EACH SCHOOL DISTRICT SHALL PROVIDE THE RESULTS OF SUCH TESTING TO THE COMMISSIONER. THE COMMISSIONER SHALL TRANSMIT A COPY OF SUCH RESULTS TO THE COMMISSIONER OF HEALTH. FOR PURPOSES OF THIS SECTION, TAP WATER SHALL BE CONSIDERED CONTAMINATED IF SUCH TAP WATER EXCEEDS THE LEAD OR COPPER ACTION LEVEL BASED ON FIRST-DRAW TAP SAMPLES AS PROVIDED IN RULES AND REGULATIONS OF THE DEPARTMENT OF HEALTH AUTHORIZED UNDER SECTION TWO HUNDRED ONE OF THE PUBLIC HEALTH LAW. WHERE A FINDING OF CONTAMINATION IS MADE, THE AFFECTED SCHOOL DISTRICT SHALL: (A) CONTINUE TESTING EVERY SIX MONTHS UNTIL TEST RESULTS INDICATE ACCEPTABLE LEAD AND COPPER LEVELS AS AUTHORIZED UNDER SECTION TWO HUNDRED ONE OF THE PUBLIC HEALTH LAW; (B) PROVIDE STUDENTS WITH AN ADEQUATE SUPPLY OF SAFE, POTABLE WATER FOR DRINKING AS REQUIRED BY RULES AND REGULATIONS OF THE DEPARTMENT AUTHORIZED UNDER SECTION TWO HUNDRED ONE OF THE PUBLIC HEALTH LAW UNTIL FUTURE TESTS INDICATE ACCEPTABLE LEVELS AS AUTHORIZED UNDER SECTION TWO HUNDRED ONE OF THE PUBLIC HEALTH LAW; (C) PROVIDE PARENTS OF STUDENTS ATTENDING THE AFFECTED SCHOOL WITH: (I) WRITTEN NOTIFICATION OF TEST RESULTS; (II) CONFIRMATION OF STUDENTS ACCESS TO AN ADEQUATE SUPPLY OF SAFE, POTABLE WATER FOR DRINKING; (III) NOTIFICATION OF WHEN THE NEXT SCHEDULED TAP WATER TESTING WILL OCCUR; AND (IV) NOTIFICATION OF THE DISTRICT'S PLAN TO ELIMINATE THE SOURCE OF LEAD EXPOSURE TO STUDENTS; AND (D) PROVIDE THE COMMISSIONER WITH NOTIFICATION OF THE DISTRICT'S INVESTIGATION AS TO THE SOURCE OF LEAD EXPOSURE IN THE WATER AND THE DISTRICT'S PLAN TO ELIMINATE THE SOURCE OF LEAD EXPOSURE TO STUDENTS. 2. FOR PURPOSES OF THIS SECTION "WRITTEN NOTIFICATION" SHALL MEAN AND INCLUDE NOTICE IN WRITING THAT IS PROVIDED DIRECTLY TO THE STAFF, PARENTS OR PERSONS IN PARENTAL RELATION TO STUDENTS; OR DELIVERED TO A RECEPTACLE DESIGNATED FOR THAT STUDENT OR STAFF; OR MAILED TO THE STUDENT'S OR STAFF'S LAST KNOWN ADDRESS; OR DELIVERED BY ANY OTHER REASONABLE METHODS AUTHORIZED BY THE COMMISSIONER. 3. SCHOOL DISTRICTS SHALL NOT BE REQUIRED TO CONDUCT ANNUAL LEAD-COP- PER TAP WATER TESTING REQUIRED PURSUANT TO THIS SECTION AT THOSE SCHOOL BUILDINGS WITHIN THE DISTRICT (A) BUILT WITHOUT THE USE OF LEAD PIPING; OR (B) WHERE A FINDING OF NO CONTAMINATION HAS BEEN MADE FOR A PERIOD OF THREE CONSECUTIVE YEARS. S 4. This act shall take effect September 1, 2013.