Relates to standards for and testing of potable water in school buildings; eliminates certain exemptions; sets minimum standards; permits building aid for remediation measures.
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
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.
