New York City Council Header
File #: Int 0871-2018    Version: Name: Requiring first-draw samples when testing for lead in water.
Type: Introduction Status: Enacted
Committee: Committee on Health
On agenda: 5/9/2018
Enactment date: 4/14/2019 Law number: 2019/067
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring first-draw samples when testing for lead in water
Sponsors: Joseph C. Borelli, Robert F. Holden, Ben Kallos, Brad S. Lander, Laurie A. Cumbo, Diana Ayala , Stephen T. Levin, Kalman Yeger , Carlina Rivera , Eric A. Ulrich
Council Member Sponsors: 10
Summary: The proposed bill would require that any testing of water from a fixture or other source for lead that is required by law includes a first-draw sample from such source. If a water lead action level is established by federal, state, or local law or rule that requires new sampling requirements, this legislation would allow the Department of Health and Mental Hygiene (DOHMH) to adopt new sampling requirements by rule.
Attachments: 1. Summary of Int. No. 871-A, 2. Summary of Int. No. 871, 3. Int. No. 871, 4. May 9, 2018 - Stated Meeting Agenda with Links to Files, 5. Committee Report 9/27/18, 6. Hearing Testimony 9/27/18, 7. Hearing Testimony 9/27/18 (Con't), 8. Hearing Transcript 9/27/18, 9. Proposed Int. No. 871-A - 2/22/19, 10. Committee Report 3/12/19, 11. Hearing Transcript 3/12/19, 12. March 13, 2019 - Stated Meeting Agenda with Links to Files, 13. Hearing Transcript - Stated Meeting 3-13-19, 14. Minutes of the Stated Meeting - March 13, 2019, 15. Int. No. 871-A (FINAL), 16. Fiscal Impact Statement, 17. Legislative Documents - Letter to the Mayor, 18. Local Law 67
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
4/17/2019AJoseph C. Borelli City Council Returned Unsigned by Mayor  Action details Meeting details Not available
4/14/2019AJoseph C. Borelli Administration City Charter Rule Adopted  Action details Meeting details Not available
4/2/2019AJoseph C. Borelli Mayor Hearing Scheduled by Mayor  Action details Meeting details Not available
3/13/2019AJoseph C. Borelli City Council Sent to Mayor by Council  Action details Meeting details Not available
3/13/2019AJoseph C. Borelli City Council Approved by CouncilPass Action details Meeting details Not available
3/12/2019*Joseph C. Borelli Committee on Health Hearing Held by Committee  Action details Meeting details Not available
3/12/2019*Joseph C. Borelli Committee on Health Amendment Proposed by Comm  Action details Meeting details Not available
3/12/2019*Joseph C. Borelli Committee on Health Amended by Committee  Action details Meeting details Not available
3/12/2019AJoseph C. Borelli Committee on Health Approved by CommitteePass Action details Meeting details Not available
9/27/2018*Joseph C. Borelli Committee on Environmental Protection Hearing Held by Committee  Action details Meeting details Not available
9/27/2018*Joseph C. Borelli Committee on Housing and Buildings Hearing Held by Committee  Action details Meeting details Not available
9/27/2018*Joseph C. Borelli Committee on Health Hearing Held by Committee  Action details Meeting details Not available
9/27/2018*Joseph C. Borelli Committee on Health Laid Over by Committee  Action details Meeting details Not available
9/27/2018*Joseph C. Borelli Committee on Environmental Protection Laid Over by Committee  Action details Meeting details Not available
9/27/2018*Joseph C. Borelli Committee on Housing and Buildings Laid Over by Committee  Action details Meeting details Not available
5/9/2018*Joseph C. Borelli City Council Referred to Comm by Council  Action details Meeting details Not available
5/9/2018*Joseph C. Borelli City Council Introduced by Council  Action details Meeting details Not available

Int. No. 871-A

By Council Members Borelli, Holden, Kallos, Lander, Cumbo, Ayala, Levin, Yeger, Rivera and Ulrich

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring first-draw samples when testing for lead in water

 

Be it enacted by the Council as follows:

 

Section 1. Subchapter 1 of chapter 9 of title 17 of the administrative code of the city of New York, as added by a local law for the year 2019, relating to investigation by the department of health and mental hygiene of places in which children identified with elevated blood lead levels routinely visit and the regulation of lead-based paint hazards in facilities providing day care services, as proposed in introduction number 464-b, is amended by adding a new section 17-913 to read as follows:

§ 17-913 Testing water for lead. a. Whenever testing water for lead from a fixture or other source is required by law or rule, or an order issued by a court or agency of appropriate jurisdiction, such testing shall include (i) taking a first-draw sample from such source, (ii) taking at least one additional sample, when practicable, from such source, except that the department may by rule determine specific circumstances in which a first-draw sample is sufficient, and (iii) analysis of such samples by a laboratory certified to analyze water samples for lead by the federal environmental protection agency or a state agency having appropriate jurisdiction, unless otherwise provided for by federal, state, or local law or rule. For the purposes of this section, the term “first-draw sample” means a first draw tap sample for lead and copper, as such term is defined in section 5-1.1 of title 10 of the New York codes, rules and regulations.

b. Nothing in this section shall prohibit the department from requiring an additional sample from such source.

c. Notwithstanding subdivisions a and b of this section: (i) if the federal environmental protection agency or a successor agency provides any guidance on testing standards that differs from the requirements of this section, the department may by rule adopt such guidance in lieu of the testing standards requirements of this section; and (ii) if a water lead action level is established by federal, state, or local law or  rule that requires new sampling requirements, the department may by rule adopt such sampling requirements in lieu of the sampling requirements of this section.

§ 2. This local law takes effect 1 year after it becomes law, except that the commissioner of health and mental hygiene may take such actions as are necessary for the implementation of this local law, including the promulgation of rules, before such effective date.

 

 

 

 

 

 

ZH

LS 3643

02/19/19