BILL NUMBER: S7777
SPONSOR: HARCKHAM
 
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 to include implementa-
tion of a filter-first drinking water management plan.
 
SUMMARY OF PROVISIONS:
Section. 1: Amends Public Health Law 1110 to:
*Require implementation of a "filter first drinking water management
plan" where a finding of lead contamination is in exceedance of the
action level;
*Require that school districts provide occupants with adequate amounts
of free potable water to school occupants until remediation is complete;
*Include implementation of a filter first drinking water management plan
for consideration by the commissioner for the granting of a waiver;
*Add a deadline for implementation of a "filter first drinking water
management plan" for all schools subject to testing requirements; and
*Define the minimum requirements for "filter first drinking water
management plans"
Section 2: Establishes the effective date
 
JUSTIFICATION:
The purpose of this bill is to ensure that drinking water in schools is
safe and free of lead contamination. This bill would expand New York
State's nation-leading Clean Drinking Water Program to include a Filter
First Drinking Water Management Plan which will require K-12 schools to
install NSF/ANSI certified point-of-use filters that remove lead.
Children are particularly vulnerable to the harmful and devasting
effects of lead. High lead levels in children can result in life-long
problems including reduced cognitive function, learning disabilities,
and behavioral issues. 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.
Schools are a vital source of drinking water for our children and school
buildings are more susceptible than other commercial buildings to having
lead contamination in drinking water due to aging infrastructure.
In 2016, NYS responded to concerning incidents of lead contamination in
school drinking water by requiring all school districts to test all
potable water outlets for lead contamination, take remediation measures,
and notify parents and the public of test results. In 2021, NYS expanded
the law to require testing every three years and lowered the acceptable
threshold for lead in drinking water to 0.005 milligrams per liter.
For myriad reasons, despite these efforts, unacceptable levels of lead
are still being reported in drinking water in schools across New York
State with high levels of lead more prevalent in underserved communi-
ties.
A Filter First approach is the most reliable, immediate, and cost-effec-
tive use of existing funds designated for the remediation of lead in
school drinking water and will protect our students regardless of the
water supply line or the existence of lead in a building's plumbing
infrastructure.
 
PRIOR LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS FOR STATE 4ND LOCAL GOVERNMENTS:
Funding support through the clean water infrastructure program
 
EFFECTIVE DATE:
Ninetieth day after it shall have become law

Statutes affected:
S7777: 1110 public health law