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A1120Assembly2017-2018 Session

Test School Drinking Water

Official title

“Provides for annual school lead-copper tap water testing; publishing of reports of contamination and abatement of such contamination”

Sponsor Linda RosenthalAD-67Affects Health
Status
In Assembly Committee
Health
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Health

What's happening

This bill requires annual lead and copper tap water testing in New York public schools, public reporting of results, and actions if contamination is found.

Why it matters

  1. Mandates increased transparency and parental notification. The bill requires schools to promptly notify parents and guardians in writing about water test results, any water contamination, and the district’s plan to address lead exposure. This ensures families are kept informed and can take protective action if necessary.

  2. Establishes ongoing monitoring and enforcement. If contamination is detected, schools must test water every six months until it meets safety standards, and provide safe drinking water in the meantime. This creates a continuous oversight mechanism to protect student health.

  3. Creates public accountability and data access. Annual water testing results must be reported to both health and education authorities, and made publicly accessible. This enables public scrutiny and encourages school districts to address problems quickly.

  4. Allows exceptions but enforces standards. Schools built without lead piping or with three consecutive years of clean tests can be exempted from annual testing, focusing resources where risk is highest—while ensuring standards remain in place to prevent complacency.

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Who cares

Headline styles

Test School Drinking Water

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Linda Rosenthal

Assembly Member · Assembly District 67

No co-sponsors yet.

History

  1. Referred to health
  2. Referred to health

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1120

2017-2018 Regular Sessions

IN ASSEMBLY

January 10, 2017

Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Health

AN ACT to amend the public health law and the education law, in relation to the water dispensed within public schools

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The public health law is amended by adding a new section 1111 to read as follows:

§ 1111. Report. The commissioner, in conjunction with the commissioner of education, shall cause to be prepared and shall publish a report based on any findings from the annual lead-copper tap water testing conducted at the direction of the commissioner of education pursuant to the provisions of section four hundred nine-m of the education law. Such report shall be sent to the commissioner of education and shall be made available to the parents and persons in parental relation of any child attending the affected school district pursuant to the provisions of such section four hundred nine-m.

§ 2. Subdivision 1 of section 1102 of the public health law, as amended by chapter 655 of the laws of 1978, is amended to read as follows:

1. If any inspection discloses a violation of any rule or regulation promulgated pursuant to section one thousand one hundred of this [chapter] title relating to a temporary or permanent source or act of contamination or a finding of contamination pursuant to section four hundred nine-m of the education law, the person, officer, board, or commission having the management and control of the potable water supply of the municipality, state or United States institution, park, reservation or post, and in the city of New York, the commissioner of environmental protection, and the board of water supply of the city of New York, or the corporation furnishing such supply shall cause a copy of the rule or regulation violated to be served upon the person violating the same,

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04964-01-7

A. 1120 2

with a notice of such violation. If the person served does not comply immediately with the rule or regulation violated, such person, officer, board, corporation or commission, except in a case concerning the violation of a rule or regulation relating to a temporary or permanent source or act of contamination affecting the potable water supply of the city of New York, shall notify the department of the violation.

§ 3. The education law is amended by adding a new section 409-m to read as follows:

§ 409-m. School lead-copper tap water testing. 1. The commissioner, in conjunction with the commissioner of health, shall require school districts to conduct an annual school lead-copper tap water testing to monitor for lead contamination in each school building in such district. Each school district shall provide the results of such testing to the commissioner. The commissioner shall transmit a copy of such results to the commissioner of health. For purposes of this section, tap water shall be considered contaminated if such tap water exceeds the lead or copper action level based on first-draw tap samples as provided in rules and regulations of the department of health authorized under section two hundred one of the public health law. Where a finding of contamination is made, the affected school district shall:

(a) continue testing every six months until test results indicate acceptable lead and copper levels as authorized under section two hundred one of the public health law;

(b) provide students with an adequate supply of safe, potable water for drinking as required by rules and regulations of the department authorized under section two hundred one of the public health law until future tests indicate acceptable levels as authorized under section two hundred one of the public health law;

(c) provide parents of students attending the affected school with:

(i) written notification of test results;

(ii) confirmation of students access to an adequate supply of safe, potable water for drinking;

(iii) notification of when the next scheduled tap water testing will occur; and

(iv) notification of the district's plan to eliminate the source of lead exposure to students; and

(d) provide the commissioner with notification of the district's investigation as to the source of lead exposure in the water and the district's plan to eliminate the source of lead exposure to students.

2. For purposes of this section "written notification" shall mean and include notice in writing that is provided directly to the staff, parents or persons in parental relation to students; or delivered to a receptacle designated for that student or staff; or mailed to the student's or staff's last known address; or delivered by any other reasonable methods authorized by the commissioner.

3. School districts shall not be required to conduct annual lead-copper tap water testing required pursuant to this section at those school buildings within the district (a) built without the use of lead piping; or (b) where a finding of no contamination has been made for a period of three consecutive years.

§ 4. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.