SECTION 1 (TITLE):
This act shall be known as the Lead-Safe Schools and Daycares Act.
SECTION 2 (PURPOSE):
The purpose of this bill is to ensure that drinking water in schools and daycares are free of lead contamination by facilitating testing of drinking water sources and systems.
SECTION 3 (PROVISIONS):
(a) It is the goal of STATE to protect children from lead in drinking water.
(b) Accordingly, every school district and day care facility is hereby directed to conduct periodic first-drawn tap testing of potable water systems to monitor for lead contamination in each occupied school and day care building under its control pursuant to regulations to be issued by DEPARTMENT under this Section. The testing shall be conducted and the results analyzed by an entity or entities approved by the DEPARTMENT.
- (i) First-drawn tap testing shall not be required for school or day care facility buildings that have been deemed "lead-free" as defined by section 1417 of the federal safe drinking water act.
- (ii) The DEPARTMENT may grant a waiver from the testing
(c) Where a finding of lead contamination is made, the affected school district or day care facility shall:
- (i) continue first-drawn tap water testing pursuant to regulations promulgated pursuant to this section;
- (ii) provide occupants with an adequate supply of safe, potable water for drinking as required by rules and regulations of DEPARTMENT until future tests indicate lead levels pursuant to regulations promulgated pursuant to this section; and
- (iii) provide parents or guardians of children attending said school or day care facility with written notification of test results as well as posting such test results on the school district's website.
(d) Each school district and day care facility conducting testing pursuant to subdivision (b) of this section 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 school district or day care facility. A copy of the results of all testing shall also be immediately transmitted to 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.
(e) The DEPARTMENT shall publish a report biennially based on the findings from the tap water testing conducted according to the provisions of this section and transmit such report to the Governor and Legislature as well as posting it on DEPARTMENT website.
(f) Within 60 days of the passage of this legislation and annually thereafter, DEPARTMENT shall identify existing federal, state and other grant funds that can be made available to school districts and daycares to assist with the testing contemplated by this Section. In addition, subject to appropriation, DEPARTMENT may provide financial assistance to assist school districts and day care facilities with compliance with this section when such compliance imposes an unreasonable financial hardship in accordance with regulations issued by DEPARTMENT.
(g) Day care facilities as referenced in this Section shall include child day care centers, group family day care homes, and family day care homes licensed or registered with STATE or jurisdictions within STATE.