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S T A T E O F N E W Y O R K
________________________________________________________________________
9539
I N S E N A T E
March 23, 2026
___________
Introduced by Sen. BYNOE -- 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 requiring the
department of health to utilize a more transparent and accurate
reporting 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
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 5 of section 1110 of the public health law, as
2 amended by chapter 130 of the laws of 2022, is amended and a new subdi-
3 vision 7 is added to read as follows:
4 5. Each school district and board of cooperative educational services
5 conducting testing pursuant to subdivision one of this section and each
6 school district classified as a public water system under parts 141 and
7 142 of title 40 of the code of federal regulations, as such regulations
8 may, from time to time, be amended, shall make a copy of the results of
9 all such testing, including laboratory reports, and any lead remediation
10 plans available to the public on its website and any additional means as
11 chosen by such district. A copy of the results of all testing shall also
12 be immediately transmitted to the department and state education depart-
13 ment in a format to be determined by the commissioner and to the county
14 department of health in the local jurisdiction of the school building.
15 The commissioner of education, in conjunction with the commissioner,
16 shall publish a report triennially based on the findings from the tap
17 water testing conducted according to the provisions of this section.
18 Such report shall be sent to the commissioner, the governor, the tempo-
19 rary president of the senate, and the speaker of the assembly and shall
20 be made available on the department's and state education department's
21 websites. THE REPORTING SYSTEM UTILIZED BY THE DEPARTMENT SHALL TRACK
22 AND MAINTAIN PUBLIC RECORDS OF ORIGINAL TESTING RESULTS OF FIXTURES
23 TESTING ABOVE THE APPROPRIATE ACTION LEVEL OF LEAD IN DRINKING WATER (5
24 PPB), AS WELL AS ANY PROGRESS MADE TOWARDS REMEDIATION AFTER INITIAL
25 TESTING ACROSS EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15304-01-6
S. 9539 2
1 SERVICES CONDUCTING TESTING PURSUANT TO SUBDIVISION ONE OF THIS SECTION
2 AND EACH SCHOOL DISTRICT CLASSIFIED AS A PUBLIC WATER SYSTEM UNDER PARTS
3 141 AND 142 OF TITLE 40 OF THE CODE OF FEDERAL REGULATIONS.
4 7. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS SUBDI-
5 VISION, THE DEPARTMENT SHALL CREATE AND ISSUE A FIVE-YEAR PLAN WITH ITS
6 PROPOSALS TO MITIGATE THE PERSISTENCE OF LEAD IN SCHOOL WATER ACROSS THE
7 STATE, INCLUDING SPECIFICATION OF ANY FUNDING OR TECHNICAL ASSISTANCE
8 THE DEPARTMENT INTENDS TO PROVIDE TO SCHOOL DISTRICTS TO SUPPORT THEIR
9 EFFORTS TO TEST AND REMOVE LEAD FROM SCHOOL WATER, PURSUANT TO THIS
10 SECTION.
11 § 2. This act shall take effect immediately.