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HB22-1358

Clean Water In Schools And Child Care Centers

Concerning measures to eliminate the presence of lead in the drinking water of certain facilities where children are present, and, in connection therewith, making an appropriation.
Session:
2022 Regular Session
Subjects:
Public Health
Water
Bill Summary

The bill requires that on or before May 31, 2023, each public K-12 school (school), child care center, and each family child care home, and each school that serves any of grades preschool through fifth grade (eligible school) to ensure that a filter is installed on every drinking water source and that each water filter complies with national standards and is replaced at least as frequently as required by the manufacturer's instructions. The bill also requires: must test its drinking water sources by having a state-certified laboratory measure the lead content of water drawn from each drinking water source.

  • Each school and child care center to develop and implement a plan for the maintenance of its water filters and filtration systems, which plan includes the creation of an inventory of water sources, regular testing of drinking water, and remediation efforts;
  • Family child care homes to regularly test drinking water and take certain remediation efforts; and

Within 30 days after receiving the results of a test, a child care center, family child care home, or eligible school must make the results, as well as any associated lead remediation plans, publicly available on the child care center's, family child care home's, or eligible school's website, if applicable, and report the results to the water quality control commission (commission). The commission shall post the results on its public website within 30 days after receiving them. If the results of a test of a drinking water source show that water from the drinking water source contains lead in an amount of 5 parts per billion or more, a child care center, family child care home, or eligible school must take specific measures to address and remediate the drinking water source.The bill requires each child care center, family child care home, and eligible school to create and maintain, for at least 5 years, records of its filter replacement activities, including when a filter is removed and when a new filter is installed, and any remediation efforts, including faucet replacements.The bill requires the department of public health and environment (department) to provide training to each school, child care center, and each family child care home, and each eligible school regarding water filter maintenance, flushing protocols, testing for lead, reporting processes for sampling reports, and other activities relevant to compliance with the bill's new requirements.The bill allows a family child care home established before March 31, 2023, to opt out of the duty to comply with the bill's requirements so long as the authorized representative of the family child care home provides written notice of such decision to the department on or before March 31, 2023. A family child care home established on or after March 31, 2023, may opt out of the duty to comply so long as the authorized representative provides written notice of such decision to the department within 6 months after the date upon which the family child care home is established.A child care center or eligible school is not required to satisfy the bill's requirements if the child care center or eligible school is classified as a public water system under the "Lead and Copper Rule" of the federal environmental protection agency and the child care center or eligible school is in compliance with the requirements of the federal rule. However, the child care center or eligible school is required to report annually to the commission the results of the testing of the center or school's drinking water sources pursuant to the federal rule.The bill creates the school and child care clean drinking water fund (fund) in the department and requires the department to expend money from the fund only to:

  • Help schools, child care centers, and family child care homes pay for the costs of complying with the bill's requirements; and
  • Reimburse child care centers, family child care homes, and eligible schools as needed for costs associated with complying with the bill's requirements.

The bill requires that on or before December 1, 2023, and on or before each December 1 thereafter, the commission must submit a report concerning the bill's requirements to legislative committees of reference. The bill also requires that on or before January 1, 2026, the department must report to the legislative committees of reference:

  • The remaining balance in the fund as of the date of the report;
  • An estimate of the cost of applying the bill's requirements to, and making eligible for reimbursement from the fund for costs incurred in complying with such requirements, schools that serve any of grades 6 through 8 and that are not eligible schools; and
  • An estimate of the cost of applying the bill's requirements to, and making eligible for reimbursement from the fund for costs incurred in complying with such requirements, schools that serve any of grades 9 through 12 and that are not eligible schools.

The bill's requirements are repealed, effective June 30, 2026.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed

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