A10740 Summary:

BILL NOA10740
 
SAME ASSAME AS S08158
 
SPONSORLupardo
 
COSPNSRNolan, Santabarbara, Lavine, Linares, Woerner, Kearns, Gjonaj, Otis, Ramos, Jean-Pierre, McDonald, Titone, Seawright, Joyner, Fahy, Mayer, Blake, Barrett, Skoufis, Simon, Paulin, Zebrowski, Solages, Ryan, Magnarelli, Kavanagh, Stirpe, Galef, Glick, Lifton, Gottfried, Rosenthal, Hawley, Saladino, Giglio, Murray, Palmesano, Raia, Bronson, Cahill, Hunter, Hooper, Sepulveda, Harris, Englebright, Russell, Buchwald, McDonough, McKevitt, Pichardo, Thiele
 
MLTSPNSR
 
Add §1110, Pub Health L; amd §§3602 & 1950, Ed L
 
Requires school districts and boards of cooperative educational services to conduct periodic testing of school potable water sources and systems to monitor for lead contamination in certain school buildings; provides additional aid to such districts and boards for the costs incurred due to the testing of such potable water sources and systems containing an unacceptable amount of lead.
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A10740 Actions:

BILL NOA10740
 
06/17/2016referred to ways and means
06/17/2016reported referred to rules
06/17/2016reported
06/17/2016rules report cal.556
06/17/2016ordered to third reading rules cal.556
06/17/2016message of necessity - 3 day message
06/17/2016passed assembly
06/17/2016delivered to senate
06/17/2016REFERRED TO RULES
06/17/2016SUBSTITUTED FOR S8158
06/17/20163RD READING CAL.2009
06/17/2016MESSAGE OF NECESSITY - 3 DAY MESSAGE
06/17/2016PASSED SENATE
06/17/2016RETURNED TO ASSEMBLY
09/06/2016delivered to governor
09/06/2016signed chap.296
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A10740 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10740
 
                   IN ASSEMBLY
 
                                      June 17, 2016
                                       ___________
 
        Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Lupardo,
          Nolan) -- (at request of the Governor) -- read once  and  referred  to
          the Committee on Ways and Means
 
        AN ACT to amend the public health law and the education law, in relation
          to potable water testing and standards in 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    § 1110. School potable water testing and standards. 1.  In addition to
     4  school districts already classified as a public water system under parts
     5  141  and  142  of  title  40 of the code of federal regulations, as such
     6  regulations may, from time to time, be amended,  every  school  district
     7  and  board  of  cooperative  educational services shall conduct periodic
     8  first-drawn tap testing of potable water systems  to  monitor  for  lead
     9  contamination in each occupied school building under its jurisdiction as
    10  required  by regulations promulgated pursuant to this section. The test-
    11  ing shall be conducted and the results analyzed by an entity or entities
    12  approved by the commissioner.
    13    2. Where a finding of lead contamination is made, the affected  school
    14  district  shall:  (a) continue first-drawn tap water testing pursuant to
    15  regulations promulgated pursuant to this  section;  (b)  provide  school
    16  occupants with an adequate supply of safe, potable water for drinking as
    17  required  by  rules and regulations of the department until future tests
    18  indicate lead levels pursuant to  regulations  promulgated  pursuant  to
    19  this section; and (c) provide parents or persons in parental relation to
    20  a  child attending said school with written notification of test results
    21  as well as posting such test results on the school district's website.
    22    3. First-drawn tap testing shall not be required for school  buildings
    23  that  have  been  deemed  "lead-free"  as defined by section 1417 of the
    24  federal safe drinking water act.
    25    4. The commissioner, in consultation with the commissioner  of  educa-
    26  tion,  shall  promulgate regulations to carry out the provisions of this
    27  section.  Notwithstanding any other provision of law  to  the  contrary,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12093-02-6

        A. 10740                            2
 
     1  the regulations promulgated with regard to lead levels shall be consist-
     2  ent  with  the  requirements  for those school districts classified as a
     3  public water system under parts 141 and 142 of title 40 of the  code  of
     4  federal  regulations  as  such  regulations  may,  from time to time, be
     5  amended.
     6    5. The commissioner may grant a waiver from the  testing  requirements
     7  of  this section for certain school buildings, provided that, the school
     8  district has substantially complied with the  testing  requirements  and
     9  has  been  found  to  be  below lead levels as determined by regulations
    10  promulgated pursuant to this section for such buildings.
    11    6. Each school district and board of cooperative educational  services
    12  conducting  testing pursuant to subdivision one of this section and each
    13  school district classified as a public water system under parts 141  and
    14  142  of title 40 of the code of federal regulations, as such regulations
    15  may, from time to time, be amended, shall make a copy of the results  of
    16  all  such testing and any lead remediation plans available to the public
    17  on its website and any additional means as chosen by such district.    A
    18  copy of the results of all testing shall also be immediately transmitted
    19  to  the  department  and  state  education  department in a format to be
    20  determined by the commissioner and to the county department of health in
    21  the local jurisdiction of  the  school  building.  The  commissioner  of
    22  education,  in conjunction with the commissioner, shall publish a report
    23  biennially based on the findings from the tap  water  testing  conducted
    24  according  to  the provisions of this section. Such report shall be sent
    25  to the commissioner,  the  governor,  the  temporary  president  of  the
    26  senate,  and  the speaker of the assembly and shall be made available on
    27  the department's and state education department's websites.
    28    § 2. Section 3602 of the education law is  amended  by  adding  a  new
    29  subdivision 6-h to read as follows:
    30    6-h.  Building  aid for testing and filtering of potable water systems
    31  for lead contamination. In addition to the apportionments payable  to  a
    32  school district pursuant to subdivision six of this section, the commis-
    33  sioner  is  hereby  authorized to apportion to any school district addi-
    34  tional building aid  pursuant  to  this  subdivision  for  its  approved
    35  expenditures,  otherwise  ineligible  for building aid, in the base year
    36  for the testing of potable water systems required  pursuant  to  section
    37  eleven  hundred ten of the public health law and for the installation of
    38  filters and/or other effective remedial measures for  immediate  remedi-
    39  ation in cases where a finding of lead contamination is made pursuant to
    40  such  section  and  verified by confirmatory sampling, provided that the
    41  cost of installation of such filters  and/or  other  effective  remedial
    42  measures  shall  be  deemed  an  approved  expenditure  only if (i) such
    43  installation and/or other effective remedial measures have been approved
    44  or reviewed by a professional with expertise in the field of water qual-
    45  ity and remediation and (ii) such cost is incurred prior to July  first,
    46  two  thousand nineteen. Such aid shall equal the product of the building
    47  aid ratio defined pursuant to paragraph c of  subdivision  six  of  this
    48  section  and  the actual approved expenditures incurred in the base year
    49  pursuant to this subdivision.
    50    § 3. Subdivision 6-e of section 3602 of the education law, as  amended
    51  by  section 10 of part A-1 of chapter 58 of the laws of 2006, is amended
    52  to read as follows:
    53    6-e. Additional apportionment of building aid for  building  condition
    54  surveys  of  school buildings. In addition to the apportionments payable
    55  to a school district pursuant to subdivision six of  this  section,  the
    56  commissioner  is  hereby  authorized to apportion to any school district

        A. 10740                            3
 
     1  additional building aid in accordance  with  this  subdivision  for  its
     2  approved  expenses  in  the  base year for building condition surveys of
     3  school buildings that are conducted pursuant  to  this  subdivision  and
     4  subdivision  four  of section thirty-six hundred forty-one of this arti-
     5  cle. The amount of such apportionment shall equal  the  product  of  the
     6  building aid ratio defined pursuant to paragraph c of subdivision six of
     7  this  section  and the actual approved expenses incurred by the district
     8  in the base year for each school building so  inspected,  provided  that
     9  the amount of such apportionment shall not exceed the building condition
    10  survey  aid  ceiling,  and  provided further that such approved expenses
    11  shall include approved expenses for testing of potable water systems for
    12  lead contamination pursuant to section eleven hundred ten of the  public
    13  health  law. For surveys conducted in the nineteen hundred ninety-eight-
    14  -ninety-nine school year, the building condition aid  ceiling  shall  be
    15  twenty  cents gross per square foot of floor area. For surveys conducted
    16  in the nineteen hundred ninety-nine--two thousand school year and there-
    17  after, the inspection aid ceiling shall be twenty cents gross per square
    18  foot of floor area, plus an  amount  computed  by  the  commissioner  in
    19  accordance with regulations adopted for such purpose, on the basis of an
    20  index number reflecting changes in the costs of labor and materials from
    21  July first, nineteen hundred ninety-eight.
    22    §  4.  The  commissioner  of  health and the commissioner of education
    23  shall by December 1, 2016, submit to the governor, the temporary  presi-
    24  dent of the senate and the speaker of the assembly a joint report on the
    25  initial  results  of  the  tap  water testing of public school buildings
    26  conducted pursuant to section 1110 of the public health law. Such report
    27  shall identify the most common sources  of  lead  contamination  of  the
    28  potable  water  systems  of  such buildings and shall recommend specific
    29  appropriate short- and long-term remediation measures  to  address  such
    30  contamination.
    31    §  5.  Paragraph  b  of subdivision 5 of section 1950 of the education
    32  law, as amended by section 80-a of part A of chapter 58 of the  laws  of
    33  2011, is amended to read as follows:
    34    b.  The  cost of services herein referred to shall be the amount allo-
    35  cated to each component school district  by  the  board  of  cooperative
    36  educational  services  to  defray  expenses  of  such  board,  including
    37  approved expenses from the testing of potable water systems of  occupied
    38  school  buildings under the board's jurisdiction as required pursuant to
    39  section eleven hundred ten of the public health law,  except  that  that
    40  part of the salary paid any teacher, supervisor or other employee of the
    41  board  of  cooperative educational services which is in excess of thirty
    42  thousand dollars shall not be such an approved expense, and except  also
    43  that  administrative  and clerical expenses shall not exceed ten percent
    44  of the total expenses for  purposes  of  this  computation.  Any  gifts,
    45  donations  or  interest  earned  by the board of cooperative educational
    46  services or on behalf of the board of cooperative  educational  services
    47  by  the dormitory authority or any other source shall not be deducted in
    48  determining the cost of services  allocated  to  each  component  school
    49  district.  Any payments made to a component school district by the board
    50  of cooperative educational services pursuant to  subdivision  eleven  of
    51  section  six-p  of the general municipal law attributable to an approved
    52  cost of service computed pursuant to this subdivision shall be  deducted
    53  from  the  cost of services allocated to such component school district.
    54  The expense of transportation  provided  by  the  board  of  cooperative
    55  educational services pursuant to paragraph q of subdivision four of this
    56  section  shall  be  eligible for aid apportioned pursuant to subdivision

        A. 10740                            4
 
     1  seven of section thirty-six hundred two of this chapter and no board  of
     2  cooperative  educational  services  transportation  expense  shall be an
     3  approved cost of services for the computation of aid under this subdivi-
     4  sion. Transportation expense pursuant to paragraph q of subdivision four
     5  of  this section shall be included in the computation of the ten percent
     6  limitation on administrative and clerical expenses.
     7    § 6. This act shall take effect on the ninetieth day  after  it  shall
     8  have  become  a  law; provided, however, that effective immediately, the
     9  commissioner of health shall be authorized to  promulgate  any  and  all
    10  rules  and regulations necessary to implement the provisions of this act
    11  on its effective date.
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