S 2438: Requires potable water testing at state and local parks at least once every three years.

  
  STATE OF NEW YORK ________________________________________________________________________ 2438 2025-2026 Regular Sessions  IN SENATE 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.