BILL NUMBER: S9539
SPONSOR: BYNOE
 
TITLE OF BILL:
An act to amend the public health law, in relation to requiring the
department of health to utilize a more transparent and accurate report-
ing system for cases of lead in school water, and to create and issue a
five-year plan with its proposals to best mitigate the persistence of
lead in school water across the state
 
PURPOSE:
The purpose of this bill is to require the Department of Health to use
an improved reporting system in future rounds of school water lead test-
ing to preserve original testing numbers while also reflecting remedi-
ated results, informed by the department's expressed intention to do so.
The bill also requires the Department of Health to develop and implement
a plan to support school districts in eradicating lead in school water
by the EPA deadline of December 1, 2037.
 
SUMMARY OF PROVISIONS:
Section 1 of this bill amends subdivision 5 of section 1110 of the
public health law by adding, "The reporting system utilized by the
department shall track and maintain public record of original testing
results of fixtures testing above the appropriate action level of lead
in drinking water (5 ppb), as well as any progress made towards remedi-
ation after initial testing across each school district and board of
cooperative educational services conducting testing pursuant to subdivi-
sion 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." Section 1 of this bill also adds subdivision 7 to section
1110 of the public health law to read, "7. Within 180 days of the effec-
tive date of this subdivision, the department shall create and issue a
five-year plan with its proposals to mitigate the persistence of lead in
school water across the state, including specification of any funding or
technical assistance the department intends to provide to school
districts to support their efforts to test and remove lead from school
water, pursuant to this section."
Section 2 of this bill provides the effective date.
 
JUSTIFICATION:
According to a December 2025 announcement from the New York State
Department of Health, dozens of Long Island school districts found lead
in their drinking water in the past year, with over 20 just in Nassau
County.
Although these numbers were independently alarming, news reports
revealed that they do not convey the breadth of the problem on Long
Island. For example, on .February 27, 2026, Newsday reported that nearly
3,000 drinking water fountains, ice machines, classroom sinks, and other
fixtures in Long Island schools exceeded the state's standard for lead,
while the New York State Department of Health's database only showed
about 1,200 positive tests.
While many of those fixtures were already replaced or shut off, the
discrepancy highlights a statewide failure to equip school communities,
including students, parents, teachers, and faculty, with the full scope
of transparency and accuracy necessary to protect students from the
harmful effects of years-long lead exposure.
The World Health Organization states that lead is a neurotoxin that
causes learning difficulties and behavior changes, as well as potential
brain damage for children, whose bodies are at higher risk.
This bill would bridge the gap in school lead water testing by requiring
clearer record-keeping and future planning to ensure maximum transparen-
cy and remediation in future cases across Long Island and the state.
 
LEGISLATIVE HISTORY:
New Legislation
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This bill shall take effect immediately.

Statutes affected:
S9539: 1110 public health law, 1110(5) public health law