2023 New York Laws › PBH - Public Health › Article 11 - Public Water Supplies; Sewerage and Sewage Control › Title 1 - Potable Waters › 1110 - School Potable Water Testing and Standards.

§  1110. School potable water testing and standards. 1. In addition to
  school districts already classified as a public water system under parts
  141 and 142 of title 40 of the code  of  federal  regulations,  as  such
  regulations  may,  from  time to time, be amended, every school district
  and board of cooperative educational services  shall  conduct  triennial
  first-drawn  tap  testing  of  potable water systems to monitor for lead
  contamination in each occupied school building under its jurisdiction as
  required by  regulations  promulgated  pursuant  to  this  section.  The
  testing  shall  be  conducted  and  the results analyzed by an entity or
  entities approved by the commissioner.
2. Where a finding of lead contamination is made, the affected  school
  district  shall:  (a) continue first-drawn tap water testing pursuant to
  regulations promulgated pursuant to this  section;  (b)  provide  school
  occupants with an adequate supply of safe, free to the school occupants,
  potable  water  for drinking as required by rules and regulations of the
  department  until  future  tests  indicate  lead  levels   pursuant   to
  regulations  promulgated  pursuant  to  this  section;  and  (c) provide
  parents or persons in parental relation to a child attending said school
  with written notification of test results.
3.  The  commissioner,  in  consultation  with  the  commissioner   of
  education,  shall  promulgate regulations to carry out the provisions of
  this  section.  Notwithstanding  any  other  provision  of  law  to  the
  contrary,  the  regulations promulgated with regard to lead levels shall
  be  consistent  with  the  requirements  for  those   school   districts
  classified  as a public water system under parts 141 and 142 of title 40
  of the code of federal regulations as such regulations may, from time to
  time, be amended; provided, however,  that  the  lead  action  level  is
  exceeded  if  the concentration of lead is greater than 0.005 milligrams
  per liter.
4. The commissioner may grant a waiver from the  testing  requirements
  of  this  section for certain school buildings, provided that the school
  district has substantially complied with the  testing  requirements  and
  has  been  found  to  be  below lead levels as determined by regulations
  promulgated pursuant to this section, as amended, for such buildings.
5. Each school district and board of cooperative educational  services
  conducting  testing pursuant to subdivision 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, as such regulations
  may, from time to time, be amended, shall make a copy of the results  of
  all such testing, including laboratory reports, and any lead remediation
  plans available to the public on its website and any additional means as
  chosen by such district. A copy of the results of all testing shall also
  be  immediately  transmitted  to  the  department  and  state  education
  department in a format to be determined by the commissioner and  to  the
  county  department  of  health  in  the local jurisdiction of the school
  building.  The  commissioner  of  education,  in  conjunction  with  the
  commissioner,  shall  publish a report triennially based on the findings
  from the tap water testing conducted according to the provisions of this
  section. Such report shall be sent to the  commissioner,  the  governor,
  the  temporary  president of the senate, and the speaker of the assembly
  and shall be made available on  the  department's  and  state  education
  department's websites.
6.  Expenses  for  remediation  under this section and any regulations
  promulgated thereto shall be fully reimbursable from funds  appropriated
  through  the  department  of  environmental conservation for clean water
  infrastructure projects.