Relates to standards for and testing of potable water in school buildings; eliminates certain exemptions; sets minimum standards and requires training.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9545
SPONSOR: Gottfried TITLE OF BILL:
An act to amend the public health law, in relation to school potable
water testing
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, setting action levels,
and increasing disclosure of information
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends Public Health Law (PHL) 1.110 to:
* Change required school water testing for lead from "periodic" to annu-
al;
*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
*Require training of those responsible for the testing.
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 drink-
ing water that contains lead. More than 82% of public schools reported
at least one drinking water tap that exceeded the action level, current-
ly 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 Ameri-
can Academy of Pediatrics recommends 0.001. Current law allows
exemptions from lead testing for schools deemed "lead free" under feder-
al 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 8% lead in "lead-free" plumbing; and there were no
federal restrictions before 1986. The past deeming 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 annual (rather than "periodic")
testing; removing waivers and exemptions for certain schools; requiring
lab reports to be posted online; and requiring training for school
personnel or contractors involved in testing. These measures will
further protect our children from the devastating effects of lead
contamination.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
Additional school funding would be required to support additional test-
ing and remediation efforts
EFFECTIVE DATE:
One year after it shall have become a law
STATE OF NEW YORK
________________________________________________________________________
9545
IN ASSEMBLY
January 24, 2020
___________
Introduced by M. of A. GOTTFRIED, DINOWITZ -- read once and referred to
the Committee on Health
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 annual first-drawn tap testing of potable water systems to monitor for
9 lead contamination in each occupied school building under its jurisdic-
10 tion 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
15 regulations promulgated pursuant to this section; (b) provide school
16 occupants with an adequate supply of safe, free to the school occupants,
17 potable water for drinking as required by rules and regulations of the
18 department until future tests indicate lead levels pursuant to regu-
19 lations promulgated pursuant to this section; and (c) provide parents or
20 persons in parental relation to a child attending said school with writ-
21 ten notification of test results [as well as posting such test results
22 on the school district's website].
23 3. [First-drawn tap testing shall not be required for school buildings
24 that have been deemed "lead-free" as defined by section 1417 of the
25 federal safe drinking water act.
26 4.] The commissioner, in consultation with the commissioner of educa-
27 tion, shall promulgate regulations to carry out the provisions of this
28 section. Notwithstanding any other provision of law to the contrary, the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14731-01-0
A. 9545 2
1 regulations promulgated with regard to lead levels shall be consistent
2 with the requirements for those school districts classified as a public
3 water system under parts 141 and 142 of title 40 of the code of federal
4 regulations as such regulations may, from time to time, be amended;
5 provided, however, that the lead action level is exceeded if the concen-
6 tration of lead is greater than 0.005 milligrams per liter.
7 [5. The commissioner may grant a waiver from the testing requirements
8 of this section for certain school buildings, provided that, the school
9 district has substantially complied with the testing requirements and
10 has been found to be below lead levels as determined by regulations
11 promulgated pursuant to this section for such buildings.
12 6.] 4. Each school district and board of cooperative educational
13 services conducting testing pursuant to subdivision one of this section
14 and each school district classified as a public water system under parts
15 141 and 142 of title 40 of the code of federal regulations, as such
16 regulations may, from time to time, be amended, shall make a copy of the
17 results of all such testing, including laboratory reports, and any lead
18 remediation plans available to the public on its website and any addi-
19 tional means as chosen by such district. A copy of the results of all
20 testing shall also be immediately transmitted to the department and
21 state education department in a format to be determined by the commis-
22 sioner and to the county department of health in the local jurisdiction
23 of the school building. The commissioner of education, in conjunction
24 with the commissioner, shall publish a report biennially based on the
25 findings from the tap water testing conducted according to the
26 provisions of this section. Such report shall be sent to the commission-
27 er, the governor, the temporary president of the senate, and the speaker
28 of the assembly and shall be made available on the department's and
29 state education department's websites.
30 5. The commissioner, in consultation with the commissioner of educa-
31 tion, shall provide and require annual training of school personnel and
32 contractors responsible for carrying out the requirements of this
33 section, and provide a record that required training was completed.
34 § 2. This act shall take effect one year after it shall have become a
35 law. Effective immediately the commissioner of health may make regu-
36 lations and take other actions necessary to implement this act.
