Bill Text: NY S00666 | 2011-2012 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-03-12 - COMMITTEE DISCHARGED AND COMMITTED TO RULES [S00666 Detail]

Download: New_York-2011-S00666-Introduced.html

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                           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.