N.Y. Public Health Law § 1110: School potable water testing and standards

§ 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 triennial

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.

3. 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 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.

4. 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, as amended, for such buildings.

5. 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 triennially 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.

6. Expenses for remediation under this section and any regulations

promulgated thereto shall be fully reimbursable from funds appropriated

through the department of environmental conservation for clean water

infrastructure projects.