A09545 Summary:

COSPNSRDinowitz, Jaffee, Magnarelli, Simon, Abinanti, Epstein, De La Rosa, Seawright, Thiele, Williams, Colton, Cymbrowitz, Taylor, Abbate, Ortiz, Barron, Mosley, Steck, Rosenthal L, Jacobson, Ashby, McDonough, Galef, Griffin, Simotas, Lupardo, Weprin, Zebrowski, Bronson
Amd §1110, Pub Health L
Relates to standards for and testing of potable water in school buildings; eliminates certain exemptions; sets minimum standards and requires training.
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A09545 Actions:

01/24/2020referred to health
02/11/2020reported referred to ways and means
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A09545 Committee Votes:

HEALTH Chair:Gottfried DATE:02/11/2020AYE/NAY:22/0 Action: Favorable refer to committee Ways and Means

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A09545 Floor Votes:

There are no votes for this bill in this legislative session.
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A09545 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Gottfried
  TITLE OF BILL: An act to amend the public health law, in relation to school potable water testing   TITLE OF BILL: An act to amend the public health law, in relation to school potable water testing   PURPOSE OR GENERAL IDEA OF BILL: This bill would expand water testing in schools, including increasing testing frequency, removing testing exemptions, setting action levels, and increasing disclosure of information   SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends Public Health Law (PHL) 1.110 to: * Change required school water testing for lead from "periodic" to annu- al; *Require that tap water provided by school districts be free to school occupants; *Remove exemptions for certain schools from testing; *Set the lead action level at 0.005 milligrams per liter; *Require that laboratory reports be made public as part of existing disclosure requirements for testing results; and *Require training of those responsible for the testing. Section 2: Effective date.   JUSTIFICATION: The purpose of this bill is to ensure that drinking water in schools is safe and free of lead contamination. Children are particularly vulner- able to the harmful effects of lead, so much so that the experts from the American Academy of Pediatrics, the Centers for Disease Control and Prevention, and the World Health Organization agree that there is no safe level of lead for children. High lead levels in children can bring lifetime problems including reduced cognitive function, learning disa- bilities, and aggressive behavior. The data from the first round of lead testing in schools under New York's landmark 2016 law demonstrate that our school children are drink- ing water that contains lead. More than 82% of public schools reported at least one drinking water tap that exceeded the action level, current- ly set in regulation at 0.015 milligrams per liter - Washington, DC, Illinois, and Vermont are all lower at 0.004 or 0.005, while the Ameri- can Academy of Pediatrics recommends 0.001. Current law allows exemptions from lead testing for schools deemed "lead free" under feder- al requirements. However, the federal definition of "lead free" allows up to 0.25% of lead in pipe materials to be lead; federal law from 1986 to 2014 allowed up to 8% lead in "lead-free" plumbing; and there were no federal restrictions before 1986. The past deeming of a school as "lead free" is no guarantee of safety and should not allow an exemption from testing. This bill would make several improvements to New York's existing program by reducing the action level; requiring annual (rather than "periodic") testing; removing waivers and exemptions for certain schools; requiring lab reports to be posted online; and requiring training for school personnel or contractors involved in testing. These measures will further protect our children from the devastating effects of lead contamination.   PRIOR LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: Additional school funding would be required to support additional test- ing and remediation efforts   EFFECTIVE DATE: One year after it shall have become a law
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A09545 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                    January 24, 2020
        Introduced  by M. of A. GOTTFRIED, DINOWITZ -- read once and referred to
          the Committee on Health
        AN ACT to amend the public health law, in  relation  to  school  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 added by  chapter
     2  296 of the laws of 2016, is amended 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  annual  first-drawn  tap testing of potable water systems to monitor for
     9  lead contamination in each occupied school building under its  jurisdic-
    10  tion  as  required  by regulations promulgated pursuant to this section.
    11  The testing shall be conducted and the results analyzed by an entity  or
    12  entities 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, free to the school occupants,
    17  potable water for drinking as required by rules and regulations  of  the
    18  department  until  future  tests  indicate lead levels pursuant to regu-
    19  lations promulgated pursuant to this section; and (c) provide parents or
    20  persons in parental relation to a child attending said school with writ-
    21  ten notification of test results [as well as posting such  test  results
    22  on the school district's website].
    23    3. [First-drawn tap testing shall not be required for school buildings
    24  that  have  been  deemed  "lead-free"  as defined by section 1417 of the
    25  federal safe drinking water act.
    26    4.] The commissioner, in consultation with the commissioner of  educa-
    27  tion,  shall  promulgate regulations to carry out the provisions of this
    28  section. Notwithstanding any other provision of law to the contrary, the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 9545                             2
     1  regulations promulgated with regard to lead levels shall  be  consistent
     2  with  the requirements for those school districts classified as a public
     3  water system under parts 141 and 142 of title 40 of the code of  federal
     4  regulations  as  such  regulations  may,  from time to time, be amended;
     5  provided, however, that the lead action level is exceeded if the concen-
     6  tration of lead is greater than 0.005 milligrams per liter.
     7    [5. The commissioner may grant a waiver from the testing  requirements
     8  of  this section for certain school buildings, provided that, the school
     9  district has substantially complied with the  testing  requirements  and
    10  has  been  found  to  be  below lead levels as determined by regulations
    11  promulgated pursuant to this section for such buildings.
    12    6.] 4. Each school  district  and  board  of  cooperative  educational
    13  services  conducting testing pursuant to subdivision one of this section
    14  and each school district classified as a public water system under parts
    15  141 and 142 of title 40 of the code  of  federal  regulations,  as  such
    16  regulations may, from time to time, be amended, shall make a copy of the
    17  results  of all such testing, including laboratory reports, and any lead
    18  remediation plans available to the public on its website and  any  addi-
    19  tional  means  as  chosen by such district. A copy of the results of all
    20  testing shall also be immediately  transmitted  to  the  department  and
    21  state  education  department in a format to be determined by the commis-
    22  sioner and to the county department of health in the local  jurisdiction
    23  of  the  school  building. The commissioner of education, in conjunction
    24  with the commissioner, shall publish a report biennially  based  on  the
    25  findings   from  the  tap  water  testing  conducted  according  to  the
    26  provisions of this section. Such report shall be sent to the commission-
    27  er, the governor, the temporary president of the senate, and the speaker
    28  of the assembly and shall be made  available  on  the  department's  and
    29  state education department's websites.
    30    5.  The  commissioner, in consultation with the commissioner of educa-
    31  tion, shall provide and require annual training of school personnel  and
    32  contractors  responsible  for  carrying  out  the  requirements  of this
    33  section, and provide a record that required training was completed.
    34    § 2. This act shall take effect one year after it shall have become  a
    35  law.    Effective  immediately the commissioner of health may make regu-
    36  lations and take other actions necessary to implement this act.
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