§ 1110 — School potable water testing and standards

§ 1110. School potable water testing and standards. 1. In addition to\nschool districts already classified as a public water system under parts\n141 and 142 of title 40 of the code of federal regulations, as such\nregulations may, from time to time, be amended, every school district\nand board of cooperative educational services shall conduct triennial\nfirst-drawn tap testing of potable water systems to monitor for lead\ncontamination in each occupied school building under its jurisdiction as\nrequired by regulations promulgated pursuant to this section. The\ntesting shall be conducted and the results analyzed by an entity or\nentities approved by the commissioner.\n 2. Where a finding of lead contamination is made, the affected school\ndistrict shall: (a) continue first-drawn tap water testing pursuant to\nregulations promulgated pursuant to this section; (b) provide school\noccupants with an adequate supply of safe, free to the school occupants,\npotable water for drinking as required by rules and regulations of the\ndepartment until future tests indicate lead levels pursuant to\nregulations promulgated pursuant to this section; and (c) provide\nparents or persons in parental relation to a child attending said school\nwith written notification of test results.\n 3. The commissioner, in consultation with the commissioner of\neducation, shall promulgate regulations to carry out the provisions of\nthis section. Notwithstanding any other provision of law to the\ncontrary, the regulations promulgated with regard to lead levels shall\nbe consistent with the requirements for those school districts\nclassified as a public water system under parts 141 and 142 of title 40\nof the code of federal regulations as such regulations may, from time to\ntime, be amended; provided, however, that the lead action level is\nexceeded if the concentration of lead is greater than 0.005 milligrams\nper liter.\n 4. The commissioner may grant a waiver from the testing requirements\nof this section for certain school buildings, provided that the school\ndistrict has substantially complied with the testing requirements and\nhas been found to be below lead levels as determined by regulations\npromulgated pursuant to this section, as amended, for such buildings.\n 5. Each school district and board of cooperative educational services\nconducting testing pursuant to subdivision one of this section and each\nschool district classified as a public water system under parts 141 and\n142 of title 40 of the code of federal regulations, as such regulations\nmay, from time to time, be amended, shall make a copy of the results of\nall such testing, including laboratory reports, and any lead remediation\nplans available to the public on its website and any additional means as\nchosen by such district. A copy of the results of all testing shall also\nbe immediately transmitted to the department and state education\ndepartment in a format to be determined by the commissioner and to the\ncounty department of health in the local jurisdiction of the school\nbuilding. The commissioner of education, in conjunction with the\ncommissioner, shall publish a report triennially based on the findings\nfrom the tap water testing conducted according to the provisions of this\nsection. Such report shall be sent to the commissioner, the governor,\nthe temporary president of the senate, and the speaker of the assembly\nand shall be made available on the department's and state education\ndepartment's websites.\n 6. Expenses for remediation under this section and any regulations\npromulgated thereto shall be fully reimbursable from funds appropriated\nthrough the department of environmental conservation for clean water\ninfrastructure projects.\n