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 buildi

33 Co-sponsors

• Carl L. Marcellino
• Fredrick J. Akshar II
• George Amedore
• John J. Bonacic
• Phil Boyle
• David Carlucci
• John A. DeFrancisco
• Hugh T. Farley
• Simcha Felder
• John J. Flanagan
• Rich Funke
• Patrick M. Gallivan
• Martin J. Golden
• Joseph A. Griffo
• Kemp Hannon
• Brad Hoylman-Sigal
• Andrew J. Lanza
• William J. Larkin Jr.
• George Latimer
• Kenneth P. LaValle
• Betty Little
• Kathleen A. Marchione
• Jack M. Martins
• Terrence P. Murphy
• Michael F. Nozzolio
• Robert Ortt
• Michael H. Ranzenhofer
• Patty Ritchie
• Joseph E. Robach
• Susan Serino
• James L. Seward
• Michael Venditto
• Catharine Young

Title of bill

An act to amend the public health law and the education law, in relation to potable water testing and standards in schools

Purpose

The purpose of this bill is to ensure that drinking water in schools is safe and free of lead contamination by requiring testing of potable water sources and systems through regulations established by the DOH and SED.

Summary of provisions

§ 1 amends the public health law by adding a new section 1110, which directs the Department of Health in consultation with the State Education Department to promulgate regulations requiring school districts to test potable water sources and systems for lead. The section also provides general guidelines for the regulations and reporting of test results.

§ 2 amends section 3602 of the education law by adding subdivision 6-h, 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 subdivision 6-e of section 3602 of the education law, to permit additional apportionment of building aid for building condition surveys of school buildings.

§ 4 states that the Commissioner of Health and the Commissioner of Education shall submit a joint report on the initial results of tap water testing of public schools to the Governor, temporary president of the Senate and the Speaker of the Assembly by December 1, 2016.

§ 5 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

None

Fiscal implications

None

Effective date

The act shall take effect on the ninetieth 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.