New York - Water Quality: Program Requirement

Area: 
Program Requirement
Policy Type: 
statute; regulation
Summary: 

State law requires districts to address water quality in schools.

New York Consolidated Laws 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 periodic 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, 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 as well as posting such test results on the school district’s website.

  3. First-drawn tap testing shall not be required for school buildings that have been deemed “lead-free” as defined by section 1417 of the federal safe drinking water act.

  4. 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.

  5. 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 for such buildings.

  6. 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 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 biennially 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 governer, 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.


New York Codes, Rules and Regulations 155.7 Health and safety in existing educational facilities.

(e)  Water and sanitation.

  • (1) An adequate supply of safe, potable water for drinking shall be dispensed from approved sanitary drinking fountains.
  • (2) Toilet rooms for boys and girls, with flush toilets and wash sinks which are connected to an adequate water supply under pressure, and connected to an approved individual or public sewage disposal system, shall be provided.
  • (3) No source of water supply, nor sewage disposal system, shall be used which has not been approved by the appropriate agency of the State Department of Health or Department of Environmental Conservation.
    Source: New York Department of State

New York Consolidated Laws 3602. Apportionment of public moneys to school districts employing eight or more teachers.

6-h. Building aid for testing and filtering of potable water systems for lead contamination. In addition to the apportionments payable to a school district pursuant to subdivision six of this section, the commissioner is hereby authorized to apportion to any school district additional building aid pursuant to this subdivision for its approved expenditures, otherwise ineligible for building aid, in the base year for the testing of potable water systems required pursuant to section eleven hundred ten of the public health law and for the installation of filters and/or other effective remedial measures for immediate remediation in cases where a finding of lead contamination is made pursuant to such section and verified by confirmatory sampling, provided that the cost of installation of such filters and/or other effective remedial measures shall be deemed an approved expenditure only if (i) such installation and/or other effective remedial measures have been approved or reviewed by a professional with expertise in the field of water quality and remediation and (ii) such cost is incurred prior to July first, two thousand nineteen. Such aid shall equal the product of the building aid ratio defined pursuant to paragraph c of subdivision six of this section and the actual approved expenditures incurred in the base year pursuant to this subdivision.

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