What's happening
This bill requires annual lead testing in school water, lowers the lead action level, mandates public reporting, and annual training.
Why it matters
Annual, not periodic, testing. means schools must be vigilant every year, potentially catching lead contamination sooner and reducing the time students and staff are exposed to unsafe water.
Lowering the lead action level to 0.005 mg/L. sets a stricter safety threshold than current federal standards, signaling greater concern for children’s health and requiring remediation at lower contamination levels.
Expanded public transparency. including posting full laboratory reports and remediation plans online and sharing results with multiple agencies—makes it easier for parents and communities to track school water safety and hold districts accountable.
Mandatory annual training for school personnel and contractors. addresses the human factor in testing and remediation, aiming to ensure proper procedures are followed and reducing the risk of mistakes or neglect that could endanger students.
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Who cares
School districts and BOCES
They would face annual lead testing in occupied school buildings, without the existing lead-free exemption or testing waivers, and would have to post laboratory reports online.
Students, parents and school staff
The bill would set a lead action threshold above 0.005 milligrams per liter and require safe drinking water to be free to school occupants when contamination is found.
School personnel and contractors handling water testing requirements
They would have to complete annual training, with completion documented.
State health and education officials
The health commissioner, consulting with the education commissioner, would have to provide and require annual training and update regulations to implement the revised testing standards.
Headline styles
Test School Water for Lead
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Test School Water for Lead
In Assembly Committee · Ways And Means · Sponsor Richard Gottfried
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7268
IN SENATE
January 15, 2020
Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed 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 Assembly, do enact as follows:
Section 1. Section 1110 of the public health law, as added by chapter 296 of the laws of 2016, is amended to read as follows:
§ 1110. School potable water testing and standards. 1. In addition to school districts already classified as a public water system under parts 141 and 142 of title 40 of the code of federal regulations, as such regulations may, from time to time, be amended, every school district and board of cooperative educational services shall conduct [periodic] annual first-drawn tap testing of potable water systems to monitor for lead contamination in each occupied school building under its jurisdiction as required by regulations promulgated pursuant to this section. The testing shall be conducted and the results analyzed by an entity or entities approved by the commissioner.
2. Where a finding of lead contamination is made, the affected school district shall: (a) continue first-drawn tap water testing pursuant to regulations promulgated pursuant to this section; (b) provide school occupants with an adequate supply of safe, free to the school occupants, potable water for drinking as required by rules and regulations of the department until future tests indicate lead levels pursuant to regulations promulgated pursuant to this section; and (c) provide parents or persons in parental relation to a child attending said school with written notification of test results [as well as posting such test results on the school district's website].
3. [First-drawn tap testing shall not be required for school buildings that have been deemed "lead-free" as defined by section 1417 of the federal safe drinking water act.
4.] The commissioner, in consultation with the commissioner of education, shall promulgate regulations to carry out the provisions of this 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
S. 7268 2
regulations promulgated with regard to lead levels shall be consistent with the requirements for those school districts classified as a public water system under parts 141 and 142 of title 40 of the code of federal regulations as such regulations may, from time to time, be amended; provided, however, that the lead action level is exceeded if the concentration of lead is greater than 0.005 milligrams per liter.
[5. The commissioner may grant a waiver from the testing requirements of this section for certain school buildings, provided that, the school district has substantially complied with the testing requirements and has been found to be below lead levels as determined by regulations promulgated pursuant to this section for such buildings.
6.] 4. Each school district and board of cooperative educational services conducting testing pursuant to subdivision one of this section and each school district classified as a public water system under parts 141 and 142 of title 40 of the code of federal regulations, as such regulations may, from time to time, be amended, shall make a copy of the results of all such testing, including laboratory reports, and any lead remediation plans available to the public on its website and any additional means as chosen by such district. A copy of the results of all testing shall also be immediately transmitted to the department and state education department in a format to be determined by the commissioner and to the county department of health in the local jurisdiction of the school building. The commissioner of education, in conjunction with the commissioner, shall publish a report biennially based on the findings from the tap water testing conducted according to the provisions of this section. Such report shall be sent to the commissioner, the governor, the temporary president of the senate, and the speaker of the assembly and shall be made available on the department's and state education department's websites.
5. The commissioner, in consultation with the commissioner of education, shall provide and require annual training of school personnel and contractors responsible for carrying out the requirements of this section, and provide a record that required training was completed.
§ 2. This act shall take effect one year after it shall have become a law. Effective immediately the commissioner of health may make regulations and take other actions necessary to implement this act.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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) 1110 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 federal 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
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.