S T A T E O F N E W Y O R K
________________________________________________________________________
3098--A
2025-2026 Regular Sessions
I N A S S E M B L Y
January 23, 2025
___________
Introduced by M. of A. BURDICK, ROSENTHAL, SIMONE -- read once and
referred to the Committee on Health -- recommitted to the Committee on
Health in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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:
Section 1. The public health law is amended by adding a new section
1110-a to read as follows:
§ 1110-A. PARK POTABLE WATER TESTING AND STANDARDS. 1. THE PERSON,
OFFICER, BOARD OR COMMISSION HAVING THE MANAGEMENT AND CONTROL OF THE
POTABLE WATER SUPPLY OF ANY STATE OR LOCAL PARK SHALL CONDUCT PERIODIC
FIRST-DRAWN TAP TESTING OF POTABLE WATER SYSTEMS TO MONITOR FOR LEAD
CONTAMINATION IN EACH PARK UNDER THEIR JURISDICTION; PROVIDED, HOWEVER,
THAT THIS SHALL NOT INCLUDE ANY PARK UNDER THE MANAGEMENT OR CONTROL OF
THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION. THE TESTING SHALL
BE CONDUCTED AND THE RESULTS ANALYZED BY AN ENTITY OR ENTITIES APPROVED
BY THE COMMISSIONER. SUCH PERIODIC FIRST-DRAWN TAP TESTING SHALL OCCUR
AT LEAST ONCE EVERY THREE YEARS.
2. WHERE A FINDING OF LEAD CONTAMINATION IS MADE, THE PERSON, OFFICER,
BOARD OR COMMISSION HAVING THE MANAGEMENT AND CONTROL OF THE POTABLE
WATER SUPPLY OF SUCH PARK SHALL: (A) CONTINUE FIRST-DRAWN TAP WATER
TESTING; (B) PROVIDE PARK VISITORS WITH AN ADEQUATE SUPPLY OF SAFE,
POTABLE WATER FOR DRINKING UNTIL FUTURE TESTS INDICATE LEAD LEVELS ARE
BELOW THE ACTION LEVEL; (C) CONSPICUOUSLY POST WARNINGS TO PARK VISI-
TORS, THE FORM AND CONTENT OF SUCH WARNINGS TO BE DETERMINED BY THE
COMMISSIONER, AS WELL AS POSTING SUCH WARNINGS AND TEST RESULTS ON THE
PARK'S WEBSITE; AND (D) IMMEDIATELY TRANSMIT A COPY OF THE RESULTS OF
ALL SUCH TESTING, INCLUDING LABORATORY REPORTS, AND ANY LEAD REMEDIATION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01802-02-6
A. 3098--A 2
PLANS TO THE COMMISSIONER AND THE COMMISSIONERS OF PARKS, RECREATION AND
HISTORIC PRESERVATION IN A FORMAT TO BE DETERMINED BY SUCH COMMISSION-
ERS.
3. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF PARKS,
RECREATION AND HISTORIC PRESERVATION, SHALL MAKE REGULATIONS TO CARRY
OUT THE PROVISIONS OF THIS SECTION.
4. THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION
SHALL MAKE A COPY OF THE RESULTS OF ALL SUCH TESTING AND ANY LEAD REME-
DIATION PLANS AVAILABLE TO THE PUBLIC ON THE OFFICE OF PARKS, RECREATION
AND HISTORIC PRESERVATION'S WEBSITE AND ANY ADDITIONAL MEANS AS CHOSEN
BY SUCH COMMISSIONER. A COPY OF THE RESULTS OF ALL TESTING SHALL ALSO BE
IMMEDIATELY TRANSMITTED TO THE DEPARTMENT IN A FORMAT TO BE DETERMINED
BY THE COMMISSIONER. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMIS-
SIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION, 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 GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE
SPEAKER OF THE ASSEMBLY AND SHALL BE MADE AVAILABLE ON THE DEPARTMENT'S
AND OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION'S WEBSITES.
5. FOR THE PURPOSES OF THIS SECTION, "LEAD ACTION LEVEL" SHALL MEAN A
CONCENTRATION OF LEAD THAT IS GREATER THAN 0.005 MILLIGRAMS PER LITER.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.