-  This bill is not active in this session.
 

A00160 Summary:

BILL NOA00160B
 
SAME ASSAME AS S02122-A
 
SPONSORGottfried
 
COSPNSRDinowitz, Magnarelli, Simon, Abinanti, Epstein, De La Rosa, Seawright, Thiele, Williams, Colton, Cymbrowitz, Taylor, Abbate, Barron, Steck, Rosenthal L, Jacobson, Ashby, McDonough, Galef, Griffin, Lupardo, Weprin, Zebrowski, Bronson, Fahy, Burdick, Clark, Paulin, Perry, Hevesi, Rozic, McMahon, Barnwell, McDonald, Quart, Otis, O'Donnell, Reyes, Stern, Gonzalez-Rojas, Stirpe, Richardson, Braunstein, Mamdani, Walker, Jones, Gallagher, Anderson, Englebright, Ramos, Nolan, Lavine, Santabarbara, Woerner
 
MLTSPNSR
 
Amd §1110, Pub Health L
 
Relates to standards for and testing of potable water in school buildings; eliminates certain exemptions; sets minimum standards; permits building aid for remediation measures.
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A00160 Actions:

BILL NOA00160B
 
01/06/2021referred to health
01/26/2021reported referred to ways and means
05/26/2021amend (t) and recommit to ways and means
05/26/2021print number 160a
05/27/2021amend (t) and recommit to ways and means
05/27/2021print number 160b
06/03/2021reported referred to rules
06/09/2021reported
06/09/2021rules report cal.653
06/09/2021substituted by s2122a
 S02122 AMEND=A RIVERA
 01/19/2021REFERRED TO HEALTH
 04/26/2021REPORTED AND COMMITTED TO FINANCE
 05/28/2021AMEND AND RECOMMIT TO FINANCE
 05/28/2021PRINT NUMBER 2122A
 06/08/2021COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/08/2021ORDERED TO THIRD READING CAL.1624
 06/08/2021PASSED SENATE
 06/08/2021DELIVERED TO ASSEMBLY
 06/08/2021referred to ways and means
 06/09/2021substituted for a160b
 06/09/2021ordered to third reading rules cal.653
 06/09/2021passed assembly
 06/09/2021returned to senate
 12/10/2021DELIVERED TO GOVERNOR
 12/22/2021SIGNED CHAP.771
 12/22/2021APPROVAL MEMO.131
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A00160 Committee Votes:

HEALTH Chair:Gottfried DATE:01/26/2021AYE/NAY:26/0 Action: Favorable refer to committee Ways and Means
GottfriedAyeByrneAye
GalefAyeMcDonoughAye
DinowitzAyeByrnesAye
CahillAyeAshbyAye
PaulinAyeMillerAye
CymbrowitzAyeSalkaAye
GuntherAyeJensenAye
Rosenthal L Aye
HevesiAye
SteckAye
AbinantiAye
BraunsteinAye
SolagesAye
BichotteAye
BarronAye
SayeghAye
Rosenthal D Aye
McDonaldAye
ReyesAye

WAYS AND MEANS Chair:Weinstein DATE:06/03/2021AYE/NAY:33/0 Action: Favorable refer to committee Rules
WeinsteinAyeRaAye
GlickAyeFitzpatrickAye
NolanExcusedHawleyAye
PretlowAyeMontesanoAye
PerryAyeBlankenbushAye
ColtonExcusedNorrisAye
CookAyeBrabenecAye
CahillAyePalmesanoAye
AubryAyeByrneAye
CusickAyeAshbyAye
BenedettoAye
WeprinAye
RodriguezAye
RamosAye
BraunsteinAye
McDonaldAye
RozicAye
DinowitzAye
JoynerAye
MagnarelliAye
ZebrowskiAye
BronsonAye
DilanAye
SeawrightAye
HyndmanAye

RULES Chair:Heastie DATE:06/09/2021AYE/NAY:29/0 Action: Favorable
HeastieExcusedBarclayAye
GottfriedAyeHawleyAye
NolanExcusedGiglioAye
WeinsteinAyeBlankenbushAye
PretlowAyeNorrisAye
CookAyeMontesanoAye
GlickAyeRaAye
AubryAyeBrabenecAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleAye
BraunsteinAye
DickensAye
DavilaAye

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A00160 Floor Votes:

There are no votes for this bill in this legislative session.
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A00160 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A160B
 
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, and lowering lead levels.   SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends Public Health Law 1.110 to: * Change required school water testing for lead from "periodic" to triennial (once every three years); * 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 * Provide remediation funding through clean water infrastructure programs 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 drinking water that contains lead. More than 82% of public schools reported at least one drinking water tap that exceeded the action level, currently 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 American Academy of Pediatrics recommends 0.001. Current law allows exemptions from lead testing for schools deemed "lead free" under federal 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" plumb- ing; and there were no federal restrictions before 1986. The past deem- ing 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 triennial (rather than "period- ic") testing; removing waivers and exemptions for certain schools; and requiring lab reports to be posted online. These measures will further protect our children from the devastating effects of lead contamination. Finally, the amended version of the bill adds a funding mechanism by authorizing use of clean water infrastructure funds.   PRIOR LEGISLATIVE HISTORY: 2020: A9545 Reported to W&M / Senate Health   FISCAL IMPLICATIONS: Funding support through clean water infrastructure program   EFFECTIVE DATE: One year after it shall have become a law
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A00160 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         160--B
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced by M. of A. GOTTFRIED, DINOWITZ, MAGNARELLI, SIMON, ABINANTI,
          EPSTEIN,  DE LA ROSA, SEAWRIGHT, THIELE, WILLIAMS, COLTON, CYMBROWITZ,
          TAYLOR, ABBATE, BARRON, STECK, L. ROSENTHAL,  JACOBSON,  ASHBY,  McDO-
          NOUGH,  GALEF,  GRIFFIN,  LUPARDO,  WEPRIN,  ZEBROWSKI, BRONSON, FAHY,
          BURDICK, CLARK, PAULIN, PERRY, HEVESI, ROZIC, McMAHON, BARNWELL, McDO-
          NALD, QUART, OTIS, O'DONNELL, REYES,  STERN,  GONZALEZ-ROJAS,  STIRPE,
          RICHARDSON,  BRAUNSTEIN,  MAMDANI  --  Multi-Sponsored  by -- M. of A.
          ENGLEBRIGHT -- read once and referred to the Committee  on  Health  --
          reported  and referred to the Committee on Ways and Means -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- again reported from said  committee  with  amend-
          ments, ordered reprinted as amended and recommitted to said committee
 
        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  triennial first-drawn tap testing of potable water  systems  to  monitor
     9  for lead contamination in each occupied school building under its juris-
    10  diction 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00523-06-1

        A. 160--B                           2
 
     1  regulations promulgated pursuant to this  section;  (b)  provide  school
     2  occupants with an adequate supply of safe, free to the school occupants,
     3  potable  water  for drinking as required by rules and regulations of the
     4  department  until  future  tests  indicate lead levels pursuant to regu-
     5  lations promulgated pursuant to this section; and (c) provide parents or
     6  persons in parental relation to a child attending said school with writ-
     7  ten notification of test results [as well as posting such  test  results
     8  on the school district's website].
     9    3. [First-drawn tap testing shall not be required for school buildings
    10  that  have  been  deemed  "lead-free"  as defined by section 1417 of the
    11  federal safe drinking water act.
    12    4.] The commissioner, in consultation with the commissioner of  educa-
    13  tion,  shall  promulgate regulations to carry out the provisions of this
    14  section. Notwithstanding any other provision of law to the contrary, the
    15  regulations promulgated with regard to lead levels shall  be  consistent
    16  with  the requirements for those school districts classified as a public
    17  water system under parts 141 and 142 of title 40 of the code of  federal
    18  regulations  as  such  regulations  may,  from time to time, be amended;
    19  provided, however, that the lead action level is exceeded if the concen-
    20  tration of lead is greater than 0.005 milligrams per liter.
    21    [5. The commissioner may grant a waiver from the testing  requirements
    22  of  this section for certain school buildings, provided that, the school
    23  district has substantially complied with the  testing  requirements  and
    24  has  been  found  to  be  below lead levels as determined by regulations
    25  promulgated pursuant to this section for such buildings.
    26    6.] 4. Each school  district  and  board  of  cooperative  educational
    27  services  conducting testing pursuant to subdivision one of this section
    28  and each school district classified as a public water system under parts
    29  141 and 142 of title 40 of the code  of  federal  regulations,  as  such
    30  regulations may, from time to time, be amended, shall make a copy of the
    31  results  of all such testing, including laboratory reports, and any lead
    32  remediation plans available to the public on its website and  any  addi-
    33  tional  means  as  chosen by such district. A copy of the results of all
    34  testing shall also be immediately  transmitted  to  the  department  and
    35  state  education  department in a format to be determined by the commis-
    36  sioner and to the county department of health in the local  jurisdiction
    37  of  the  school  building. The commissioner of education, in conjunction
    38  with the commissioner, shall publish a report  [biennially]  triennially
    39  based  on the findings from the tap water testing conducted according to
    40  the provisions of this section. Such report shall be sent to the commis-
    41  sioner, the governor, the temporary president of  the  senate,  and  the
    42  speaker  of the assembly and shall be made available on the department's
    43  and state education department's websites.
    44    5. Expenses for remediation under this  section  and  any  regulations
    45  promulgated  thereto shall be fully reimbursable from funds appropriated
    46  through the department of environmental  conservation  for  clean  water
    47  infrastructure projects.
    48    §  2. This act shall take effect one year after it shall have become a
    49  law.  Effective immediately the commissioner of health  may  make  regu-
    50  lations and take other actions necessary to implement this act.
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