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A07148 Summary:

Amd 1110, Pub Health L
Relates to expanding lead testing in water to day care facilities; allows the commissioner to provide financial assistance to those day cares that such testing would pose an unreasonable financial hardship on.
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A07148 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     April 10, 2017
        Introduced  by  M. of A. RYAN -- read once and referred to the Committee
          on Health
        AN ACT to amend the public health law, in  relation  to  expanding  lead
          testing to day care facilities
          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  and day care potable water testing and standards. 1.
     4  For the purposes of this section, "day care  facilities"  shall  mean  a
     5  child  day care center, group family day care home, or a family day care
     6  home licensed or registered with  the  office  of  children  and  family
     7  services.  The provisions of this section do not apply to child day care
     8  centers,  group family day care homes, family day care homes, school-age
     9  child care programs and small day care centers that hold a permit issued
    10  by the New York City department of health and mental hygiene.
    11    2. In addition to school districts  already  classified  as  a  public
    12  water  system under parts 141 and 142 of title 40 of the code of federal
    13  regulations, as such regulations may, from time  to  time,  be  amended,
    14  every  school district [and], board of cooperative educational services,
    15  and day care facility shall conduct periodic first-drawn tap testing  of
    16  potable water systems to monitor for lead contamination in each occupied
    17  school  building  under  its  jurisdiction  as  required  by regulations
    18  promulgated pursuant to this section. The testing shall be conducted and
    19  the results analyzed by an entity or entities approved  by  the  commis-
    20  sioner.
    21    [2.]  3.  Where  a finding of lead contamination is made, the affected
    22  school district or day care facility shall: (a) continue first-drawn tap
    23  water testing pursuant  to  regulations  promulgated  pursuant  to  this
    24  section; (b) provide [school] occupants with an adequate supply of safe,
    25  potable  water  for drinking as required by rules and regulations of the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 7148                             2
     1  department until future tests indicate lead  levels  pursuant  to  regu-
     2  lations promulgated pursuant to this section; and (c) provide parents or
     3  persons  in  parental  relation  to a child attending said school or day
     4  care facility with written notification of test results as well as post-
     5  ing such test results on the school district's website.
     6    [3.]  4.  First-drawn  tap testing shall not be required for school or
     7  day care facility buildings that have been deemed "lead-free" as defined
     8  by section 1417 of the federal safe drinking water act.
     9    [4.] 5. The commissioner, in consultation  with  the  commissioner  of
    10  education  and  the  commissioner of children and family services, shall
    11  promulgate regulations to carry out  the  provisions  of  this  section.
    12  Notwithstanding  any  other  provision of law to the contrary, the regu-
    13  lations promulgated with regard to lead levels shall be consistent  with
    14  the requirements for those school districts or day care facilities clas-
    15  sified  as  a public water system under parts 141 and 142 of title 40 of
    16  the code of federal regulations as such regulations may,  from  time  to
    17  time, be amended.
    18    [5.]  6.  The  commissioner  in  consultation with the commissioner of
    19  children and family services,  may  grant  a  waiver  from  the  testing
    20  requirements  of  this  section  for  certain school buildings, provided
    21  that, the  school  district  or  day  care  facility  has  substantially
    22  complied  with  the  testing requirements and has been found to be below
    23  lead levels as determined by regulations promulgated  pursuant  to  this
    24  section for such buildings.
    25    [6.]  7.  Each school district [and], board of cooperative educational
    26  services, and day care facility conducting testing pursuant to  subdivi-
    27  sion one of this section and each school district classified as a public
    28  water  system under parts 141 and 142 of title 40 of the code of federal
    29  regulations, as such regulations may, from time  to  time,  be  amended,
    30  shall  make a copy of the results of all such testing and any lead reme-
    31  diation plans available to the public on its website and any  additional
    32  means  as chosen by such school district or day care facility. A copy of
    33  the results of all testing shall also be immediately transmitted to  the
    34  department [and], state education department, and office of children and
    35  family  services in a format to be determined by the commissioner and to
    36  the county department of health in the local jurisdiction of the  school
    37  building. The commissioner of education and the commissioner of children
    38  and family services, in conjunction with the commissioner, shall publish
    39  a  report  biennially  based  on the findings from the tap water testing
    40  conducted according to the provisions of this section. Such report shall
    41  be sent to the commissioner, the governor, the  temporary  president  of
    42  the  senate, and the speaker of the assembly and shall be made available
    43  on the department's [and], state education department's  and  office  of
    44  children and family services' websites.
    45    8.  Subject  to  appropriation, the commissioner may provide financial
    46  assistance to assist day  care  facilities  with  compliance  with  this
    47  section  when such compliance imposes an unreasonable financial hardship
    48  on the day care facility and such day care facilities are  not  eligible
    49  for building aid under sections nineteen fifty or thirty-six hundred two
    50  of the education law.
    51    § 2. This act shall take effect on the one hundred eightieth day after
    52  it shall have become a law.
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