Relates to potable water testing at state and local parks

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          2438

                               2025-2026 Regular Sessions

                                    I N  S E N A T E

                                    January 17, 2025
                                       ___________

        Introduced  by  Sens.  GIANARIS,  HOYLMAN-SIGAL, JACKSON, KAVANAGH, LIU,
          MAY, WEBB -- 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 potable water
          testing at state and local parks

          THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
        BLY, DO ENACT AS FOLLOWS:

     1    Section  1.  The  public health law is amended by adding a new section
     2  1110-a to read as follows:
     3    § 1110-A. PARK POTABLE WATER TESTING AND  STANDARDS.  1.  THE  PERSON,
     4  OFFICER,  BOARD  OR  COMMISSION HAVING THE MANAGEMENT AND CONTROL OF THE
     5  POTABLE WATER SUPPLY OF ANY STATE OR LOCAL PARK SHALL  CONDUCT  PERIODIC
     6  FIRST-DRAWN  TAP  TESTING  OF  POTABLE WATER SYSTEMS TO MONITOR FOR LEAD
     7  CONTAMINATION IN EACH PARK UNDER THEIR JURISDICTION AS REQUIRED BY REGU-
     8  LATIONS PROMULGATED PURSUANT TO  THIS  SECTION.  THE  TESTING  SHALL  BE
     9  CONDUCTED  AND THE RESULTS ANALYZED BY AN ENTITY OR ENTITIES APPROVED BY
    10  THE COMMISSIONER.  SUCH PERIODIC FIRST-DRAWN TAP TESTING SHALL OCCUR  AT
    11  LEAST ONCE EVERY THREE YEARS.
    12    2. WHERE A FINDING OF LEAD CONTAMINATION IS MADE, THE PERSON, OFFICER,
    13  BOARD  OR  COMMISSION  HAVING  THE MANAGEMENT AND CONTROL OF THE POTABLE
    14  WATER SUPPLY OF SUCH PARK SHALL:  (A)  CONTINUE  FIRST-DRAWN  TAP  WATER
    15  TESTING  PURSUANT  TO  REGULATIONS PROMULGATED PURSUANT TO THIS SECTION;
    16  (B) PROVIDE PARK VISITORS WITH AN ADEQUATE SUPPLY OF SAFE, POTABLE WATER
    17  FOR DRINKING AS REQUIRED BY RULES  AND  REGULATIONS  OF  THE  DEPARTMENT
    18  UNTIL  FUTURE TESTS INDICATE LEAD LEVELS PURSUANT TO REGULATIONS PROMUL-
    19  GATED PURSUANT TO THIS SECTION; (C) CONSPICUOUSLY POST WARNINGS TO  PARK
    20  VISITORS  THE FORM AND CONTENT OF SUCH WARNINGS TO BE PROMULGATED BY THE
    21  COMMISSIONER, AS WELL AS POSTING SUCH WARNINGS AND TEST RESULTS  ON  THE
    22  PARK'S  WEBSITE; (D) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRA-
    23  RY, ABATE SUCH CONTAMINATION WITHIN NINETY  DAYS;  AND  (E)  IMMEDIATELY
    24  TRANSMIT A COPY OF THE RESULTS OF ALL SUCH TESTING, INCLUDING LABORATORY

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01802-01-5
        S. 2438                             2

     1  REPORTS,  AND  ANY  LEAD REMEDIATION PLANS TO THE COMMISSIONER OF PARKS,
     2  RECREATION AND HISTORIC PRESERVATION IN A FORMAT  TO  BE  DETERMINED  BY
     3  SUCH COMMISSIONER.
     4    3.  THE  COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF PARKS,
     5  RECREATION AND HISTORIC PRESERVATION, SHALL  PROMULGATE  REGULATIONS  TO
     6  CARRY OUT THE PROVISIONS OF THIS SECTION, PROVIDED THAT SUCH REGULATIONS
     7  SHALL  INCLUDE THAT LEAD ACTION LEVELS ARE EXCEEDED IF THE CONCENTRATION
     8  OF LEAD IS GREATER THAN 0.005 MILLIGRAMS PER LITER.
     9    4. THE COMMISSIONER OF PARKS,  RECREATION  AND  HISTORIC  PRESERVATION
    10  SHALL  MAKE A COPY OF THE RESULTS OF ALL SUCH TESTING AND ANY LEAD REME-
    11  DIATION PLANS AVAILABLE TO THE PUBLIC ON THE OFFICE OF PARKS, RECREATION
    12  AND HISTORIC PRESERVATION'S WEBSITE AND ANY ADDITIONAL MEANS  AS  CHOSEN
    13  BY SUCH COMMISSIONER. A COPY OF THE RESULTS OF ALL TESTING SHALL ALSO BE
    14  IMMEDIATELY  TRANSMITTED  TO THE DEPARTMENT IN A FORMAT TO BE DETERMINED
    15  BY THE COMMISSIONER. THE COMMISSIONER OF PARKS, RECREATION AND  HISTORIC
    16  PRESERVATION,  IN  CONJUNCTION  WITH  THE  COMMISSIONER, SHALL PUBLISH A
    17  REPORT BIENNIALLY BASED ON THE  FINDINGS  FROM  THE  TAP  WATER  TESTING
    18  CONDUCTED ACCORDING TO THE PROVISIONS OF THIS SECTION. SUCH REPORT SHALL
    19  BE  SENT  TO  THE COMMISSIONER, THE GOVERNOR, THE TEMPORARY PRESIDENT OF
    20  THE SENATE, AND THE SPEAKER OF THE ASSEMBLY AND SHALL BE MADE  AVAILABLE
    21  ON THE DEPARTMENT'S AND OFFICE OF PARKS, RECREATION AND HISTORIC PRESER-
    22  VATION'S WEBSITES.
    23    §  2.  This  act shall take effect on the ninetieth day after it shall
    24  have become a law.    Effective  immediately,  the  addition,  amendment
    25  and/or repeal of any rule or regulation necessary for the implementation
    26  of  this  act  on  its  effective  date  are  authorized  to be made and
    27  completed on or before such effective date.