Requires school districts and boards of cooperative educational services to conduct periodic testing of school potable water sources and systems to monitor for lead contamination in certain school buildings

§ 2 amends section 3602 of the education law by adding subdivision 6h, which authorizes the Commissioner of the State Education to authorize funding to cover the expense related to testing and remediation of potable water sources and systems.

§ 3 amends section 1950 (5)b of the education law authorizing funding for board of cooperative educational services to defray expenses related to the cost of water testing and remediation.

§ 4 amends subdivision 6-f of section 3602 of the education law, authorizing the Commissioner of Education to approve expenditures related to the immediate remediation of potable water systems due to lead contamination as a construction emergency project.

§ 4 is the effective date.

Justification

Concerns over lead contamination in drinking water have gained national attention recently due to the contamination in Flint, Michigan. In New York State, concerns over lead contamination in school drinking water became prominent after a number of schools were forced to shut down drinking water sources after tests showed levels of lead over acceptable Federal levels.

Studies show that lead poisoning is most detrimental to young children, who absorb lead faster than adults. High lead blood levels can damage a child's ability to learn and cause brain damage. Most state and federal laws and regulations focus on the testing of children for lead poisoning, but not the environments where they spend the most time outside of their home.

There are two federal rules that address lead in the drinking water, the Lead Contamination Control Act (1988) and The Lead and Copper Rule - LCR (1991, amended in 2000). These rules provide guidelines for the testing of water for lead contamination. For schools, those guidelines are recommendations and are not mandatory.

Recent incidents of lead contamination have been found to take place within schools buildings, where the testing and remediation is left up to the school districts. This bill will ensure that regular testing is completed and ensures that parents, teachers and others are notified of testing and the results in a timely manner. The bill also allows

school aid to be used for the testing and remediation of lead contamination in school districts.

Legislative history

New Bill.

Fiscal implications

None to the State.

Fiscal implications for school districts

This bill will ensure that the cost of testing and remediation is covered under school building aid apportionments. The bill will also ensure that testing costs are covered for BOCES. The bill will also allow approved remediation projects to be eligible for additional aid when considered a construction emergency project. The State Education Department has provided verification that the cost of lead remediation is already an expense that is covered by state building aid.

Effective date

The act shall take effect on the sixtieth day after it shall have become a law; provided, however, that effective immediately, the commissioner of health shall be authorized to promulgate any and all rules and regulations necessary to implement the provisions of this act on its effective date.