Relates to standards for and testing of potable water in school buildings; eliminates certain exemptions; sets minimum standards and requires training.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A160
SPONSOR: Gottfried 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 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:
2020: A9545 Reported to W&M / Senate Health
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
