|SAME AS||SAME AS S04439|
|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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STATE OF NEW YORK ________________________________________________________________________ 7148 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. LBD09840-01-7A. 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.