Cuomo expected to sign water testing bill |
On Board Online • July 4, 2016
By Julie M. Marlette
Director of Governmental Relations
While generally opposed to unfunded mandates, NYSSBA worked closely with lawmakers as they developed a new state requirement that school districts test school drinking water for lead contamination.
"The first priority of every school board is the health and safety of students and staff," said NYSSBA Executive Director Timothy G. Kremer. "As the statewide organization representing school boards, we share that value."
Officially, NYSSBA took no position on the bill, which was revised significantly as it moved through the legislative process. NYSSBA successfully urged legislators to designate resources for testing and remediation, as well as provide for a waiver process to be established.
"After the problem of tainted water in Flint, Mich. first surfaced in 2014, many school districts in New York State tested their water," Kremer said. "It makes little sense to duplicate those efforts if the work has been done correctly."
Currently school districts are not required to test their water unless they have a well and therefore are considered a public water system. Many districts, especially those with older buildings, have engaged in voluntary testing programs. New York City tests all buildings, and even buildings that test clean are retested every five years.
In response to reports of lead being found in some schools in the Southern Tier, Assemblywoman Donna Lupardo (D-Binghamton) and Senator Tom O'Mara (R-Elmira) advanced legislation to require all school districts and BOCES to test for lead in their potable water systems.
Early drafts of the legislation provided funding for testing but not remediation. Later proposals including funding for remediation but at a less generous aid ratio than other district capital projects, and did not consider remediations that would not normally be aidable through state building aid.
"We found the legislators very receptive to our suggestions," Kremer said. "At each step of the process our message remained constant: Safety is our top priority. And if we mandate testing in the interest of safety, let's do it in the best possible way."
Assembly Education Committee Chair Catherine Nolan (D-Queens) and Governor Cuomo's office also helped shape the final product. The final legislation acted upon was actually a governor's program bill, signaling strongly that this has the support of the executive and is more likely to be signed.
Some details remain unclear. Which buildings have to be tested, how often and by whom? The bill leaves the answers to the Department of Health (DOH), which will create regulations. At the same time the State Education Department (SED) will be charged with working with DOH on those regulations and determining what remediation will be approved for state aid.
In addition, the two agencies are charged with drafting a report biannually examining lead contamination, the most common sources and recommendations for short- and long-term remediation strategies. The first such report is scheduled to be delivered to the Legislature in December 2016.
NYSSBA's governmental relations staff plan to work with SED and DOH staff throughout the regulatory process.
NYSSBA held a webinar on "Preventing Lead Contamination in Schools" on May 18. View it at www.nyssba.org/webinars .