New state law requires schools to test for lead

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All New York state schools must now have their drinking water supply tested for lead contamination, according to legislation signed last month by Gov. Andrew Cuomo. New York is the first state in the country to institute a lead testing mandate for schools.

Schools with students in pre-K through fifth grade must have had their water tested by Sept. 30, while those housing sixth- through 12th-graders must test by Oct. 31. Schools that complete the testing and make necessary changes in accordance with the new law by Jan. 1 do not need to retest.

The majority of school districts across Long Island had already tested for lead earlier this year. Among the school districts in the Herald’s coverage area that needed remediation after testing were East Rockaway, Malverne, North Bellmore, Oceanside, all three Valley Stream school districts and Wantagh.

Earlier this year, the Malverne school district reported that one fountain and four sinks had lead levels that exceeded limitations. Remediation to fix the problems was done and all tests for lead came up negative. The same remediation results were reported by Valley Stream School District 30, after it fixed lead problems found in six of its water fountains. The West Hempstead school district said no lead was found anywhere in its buildings upon testing done earlier this year. Franklin Square reported that 13 sinks, but no drinking fountains, were found to have elevated lead levels and that re-testing efforts were scheduled for this week. Al Harper, superintendent of the Elmont School District, was not available to comment by the close of this newspaper.

In the past, New York schools were not required to test drinking water for lead. Federal drinking water regulations govern only water systems, and since most schools do not maintain their own drinking water supplies, federal laws do not apply to them.

Under the new state regulations, however, schools must report all lead test results to the state Department of Health, and to staff and parents no more than 10 business days later. If lead levels are above 15 parts per billion at any potable water outlet, the school must discontinue its use, provide an alternate water supply and take action to reduce the lead level. The law includes a guarantee that the state will pay for most testing and remediation through school aid formulas currently in place.

According to the governor’s office, water samples must be taken from cold-water outlets where water has been motionless in the pipes for a minimum of eight hours but not more than 18 hours. Schools typically have wide-ranging water use patterns, and are more likely to have elevated levels of lead due to prolonged water contact with plumbing. Laws now limit the amount of lead in new plumbing equipment, but pipes installed before 1986 may contain significant amounts of lead.

Schools will be required to collect samples a minimum of every five years, or at a time determined by the state health commissioner. All samples must be analyzed by a lab approved by the Health Department’s Environmental Laboratory Approval Program.