Directs school districts and boards of cooperative educational services to implement certified point-of-use lead removal filtration devices when an elevated risk for lead exposure is identified; allows for the discontinuance of use of such filtration devices once certain requirements are met.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10681
SPONSOR: Santabarbara TITLE OF BILL:
An act to amend the public health law, in relation to preventing lead
exposure in school drinking water through risk-based certified point-of-
use filtration
PURPOSE:
To protect students and school staff from exposure to lead in drinking
water by establishing a preventive, risk-based compliance pathway that
utilizes certified point-of-use filtration in school buildings with
identified infrastructure risk, while allowing districts to discontinue
filtration once plumbing systems are verified to be lead-safe.
SUMMARY OF PROVISIONS:
1. Amends Section 1110 of the public health law (lead testing in school
drinking water) to authorize school districts and BOCES to implement
certified point-of-use lead-removal filtration at potable water outlets
as a preventive public health measure.
2. Establishes a risk-based applicability' standard. Filtration shall
apply only to school buildings or outlets identified as presenting
elevated risk for lead exposure based on one or more of the following:
* plumbing systems or fixtures installed prior to modern lead-free stan-
dards,
* documented lead action-level' exceedances in prior testing cycles,
* presence or suspected presehice of lead service lines or lead-
containing fixtures,
* corrosion or variability indicated by testing results,
* buildings undergoing phased plumbing replacement or remediation.
3. Requires filtration devices to meet NSF/ANSI Standard 53 (or succes-
sor ptandard) for lead removal and be installed at drinking fountains
and other potable water outlets used for consumption.
4. Requires school districts utilizing filtration to:
* implement a written maintenance and replacement schedule,
* maintain maintenance logs,
* conduct periodic verification sampling as directed by the Department
of Health,
* provide public notice to parents, guardians, and staff.
5. Authorizes a compliance off-ramp. A school building may be exempted
from filtration requirements upon demonstration to the State Education
Department and Department of Health that:
* lead service lines have been removed or replaced,
* drinking water fixtures are certified lead-free,
* and two consecutive testing cycles show no action-level exceedances.
6. Directs the Departments of Health and Education to jointly issue
guidance establishing approved devices, maintenance procedures, documen-
tation standards, and verification testing protocols.
7. Clarifies that this act supplements, and does not replace, existing
lead testing and notification requirements under Education Law § 409-i
and related regulations.
JUSTIFICATION:
New York State maintains strong testing requirements for lead in school
drinking water. Schools must periodically sample potable outlets and
remove outlets from service when lead levels exceed the action level.
While these protections are important, they are inherently reactive.
Testing occurs on scheduled intervals and cannot prevent exposure that
may occur between sampling cycles.
Lead contamination in drinking water is primarily caused by aging plumb-
ing systems, corrosion, and fixture deterioration - conditions that can
fluctuate over time. Many school buildings were constructed prior to
modern lead-free plumbing standards. Because there is no safe level of
lead exposure for children, reliance solely on periodic sampling leaves
students vulnerable to intermittent exposure.
Certified point-of-use filtration provides continuous protection at the
tap and has been demonstrated to effectively remove lead from drinking
water. Schools currently respond to test exceedances by shutting off
fountains, providing bottled water, or undertaking costly infrastructure
replacement projects that may take years to complete. A preventive
filtration option reduces immediate exposure risk while long-term reme-
diation proceeds.
This legislation is not intended to duplicate existing law or impose
permanent requirements. Instead, it integrates prevention into the
existing statutory framework by targeting buildings with known infras-
tructure risk. The bill also creates a pathway for districts to discon-
tinue filtration once lead service lines and fixtures are replaced and
repeated compliant testing confirms that the building is lead-safe.
By combining prevention with infrastructure improvement incentives, the
legislation promotes both immediate student protection and long-term
modernization of school facilities.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
Minimal and potentially cost-saving. Filtration systems are significant-
ly less expensive than repeated emergency responses, bottled water
provision, and repeated remediation cycles. The bill provides flexibili-
ty and the ability to reduce long-term capital and operational costs.
EFFECTIVE DATE:
This act shall take effect on the first of July following enactment,
provided that the Departments of Health and Education may promulgate any
necessary rules and guidance prior to such date.
