87R3887 SLB-D     By: Talarico H.B. No. 2038       A BILL TO BE ENTITLED   AN ACT   relating to lead in drinking water at schools and child care   facilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 341.040, Health and Safety Code, is   amended to read as follows:          Sec. 341.040.  DEFINITIONS [DEFINITION]. In this   subchapter:                (1)  "Child care facility" has the meaning assigned by   Section 88.001.                (2)  "Commission" [, "commission"] means the Texas   Commission on Environmental Quality.                (3)  "Drinking water outlet" means any water fountain,   faucet, or tap regularly used for drinking or food preparation,   including ice-making and hot drink machines.                (4)  "Elevated lead level" means a lead concentration   in drinking water that exceeds one part per billion.                (5)  "Executive director" means the executive director   of the commission.                (6)  "Lead service line" means a pipe and its fittings,   which are not lead free as defined by the federal Safe Drinking   Water Act (42 U.S.C. Section 300g-6), that connect a drinking water   main to a drinking water outlet.                (7)  "Local health department" has the meaning assigned   by Section 88.001.                (8)  "Open-enrollment charter school" and "private   school" have the meanings assigned by Section 5.001, Education   Code.                (9)  "Public water system" has the meaning assigned by   Section 15.602, Water Code.          SECTION 2.  Subchapter C, Chapter 341, Health and Safety   Code, is amended by adding Sections 341.051, 341.052, 341.053,   341.054, and 341.055 to read as follows:          Sec. 341.051.  LEAD SERVICE LINE REPLACEMENT. (a) Each   public water system shall fully replace lead service lines in each   public school, private school, and child care facility that is   served by the public water system. The replacement shall be paid   for by the public water system, regardless of ownership of any   portion of the service line, and shall be performed in coordination   with the relevant municipality, school, or child care facility. The   replacement must conform to the commission's technical guidance   under Section 341.055.          (b)  A public water system shall provide each school   district, open-enrollment charter school, private school, and   child care facility that the public water system serves any   information in its possession relating to the location of lead   service lines. Each school district, open-enrollment charter   school, private school, and child care facility shall determine   which of its buildings receive drinking water through lead service   lines and report the information to the commission.          (c)  The commission shall ensure that lead service lines are   disposed of in accordance with hazardous waste laws and not   disposed of in a landfill or incinerated.          Sec. 341.052.  PREVENTING LEAD CONTAMINATION. (a) Each   public school, private school, and child care facility shall   develop and adopt a plan of action to prevent elevated lead levels   in all water used for drinking or cooking. The plan of action must   include:                (1)  installing and maintaining filters certified by   NSF International at all drinking water outlets in each school or   facility building; and                (2)  an inventory of lead-bearing parts within the   school's or facility's water delivery system, including fixtures   and plumbing with lead soldering.          (b)  A public school, private school, or child care facility   may, if consistent with other obligations in law, remove some   drinking water outlets from operation, instead of installing   filters on those outlets, if every child has reasonable access to   free, safe drinking water.          (c)  To the extent that replacement is both feasible and   cost-effective, each public school, private school, and child care   facility shall replace the items identified in the lead-bearing   parts inventory under Subsection (a)(2).          (d)  The plan of action adopted under Subsection (a) may   include any other measures to reduce lead contamination of drinking   water outlets, consistent with the commission's technical guidance   under Section 341.055.          (e)  A public school, private school, or child care facility   may revise the school's or facility's plan of action, especially in   response to public input, if the plan of action complies with the   commission's technical guidance under Section 341.055.          (f)  A public school, private school, or child care facility   may seek the assistance of a local health department, a public water   system, or the commission to comply with the provisions of this   section.          (g)  Nothing in this section prevents a public school,   private school, or child care facility from conducting more   immediate lead remediation when a test indicates that a drinking   water outlet has an elevated lead level, as provided by Section   341.053(c).          Sec. 341.053.  TESTING AND REMEDIATION. (a) Each public   school, private school, and child care facility shall undertake   periodic testing of the drinking water outlets in each school or   child care facility for the presence of lead. Each test for lead   shall be conducted by a laboratory certified for this purpose by the   executive director in accordance with the sampling and testing   methods specified in the technical guidance under Section 341.055.   Each school or child care facility shall perform the testing   required by this section at least once per year, unless the   executive director determines, on a case-by-case basis, that a   greater or lesser frequency of testing is necessary or sufficient   to ensure the public health, including timely testing after   replacement of lead service lines.          (b)  Nothing in this section prevents a public school,   private school, or child care facility from conducting more   frequent testing than required under this section.          (c)  If testing reveals an elevated lead level at a drinking   water outlet, the public school, private school, or child care   facility shall, not later than 24 hours after receiving the test   results, close off access to the drinking water outlet and report   the test results to the commission. Not later than the 30th day   after receiving test results showing one or more drinking water   outlets have elevated levels of lead, the public school, private   school, or child care facility must either:                (1)  permanently shut or close off access to the   affected drinking water outlets and provide an alternative source   of safe water without elevated lead levels; or                (2)  install and maintain filters certified by NSF   International at the drinking water outlets that have elevated lead   levels.          (d)  A public school, private school, or child care facility   shall take additional measures if necessary to eliminate elevated   lead levels at the drinking water outlets, consistent with the   technical guidance under Section 341.055.          Sec. 341.054.  TRANSPARENCY AND PUBLIC RIGHT TO KNOW. (a)   Each public school, private school, and child care facility shall:                (1)  submit to the commission, the Texas Education   Agency, and the department:                      (A)  the plan of action adopted under Section   341.052 and any modifications to the plan; and                       (B)  information on testing activities conducted   under Section 341.053, including:                            (i)  the date the testing was completed;                            (ii)  the location and type of each drinking   water outlet tested;                            (iii)  the complete results of each test;   and                            (iv)  any measures being taken under Section   341.053(c) to remediate a drinking water outlet found to have an   elevated lead level;                (2)  maintain copies of information submitted under   Subdivision (1) in a suitable location for inspection by the public   and on the Internet website of the school or facility;                (3)  notify parent, teacher, and employee   organizations of the availability of the submitted information; and                (4)  designate a person to serve as the contact person   for communications with the commission and the public regarding the   lead testing and remediation activities.          (b)  If testing conducted under Section 341.053 reveals an   elevated lead level at a drinking water outlet, the public school,   private school, or child care facility shall, within one business   day, directly notify teachers, school personnel, and the parent of   or person standing in parental relation to each student through   written notice, electronic mail, or other means approved by the   commission. The notification must include:                (1)  a summary of the results of the testing and   information on the availability of the complete test results for   public inspection at a suitable location and on the Internet   website of the school or facility;                (2)  a description of any remedial measures being taken   under Section 341.053;                (3)  general information on the public health effects   and risks posed by lead in drinking water and information on the   availability of additional resources concerning lead in drinking   water, as outlined in the technical guidance under Section 341.055;   and                (4)  the name and contact information of the person   designated under Subsection (a)(4) to communicate with the public.          (c)  At each drinking water outlet, the public school,   private school, or child care facility shall post an electronically   accessible code with information on testing and remediation for   that outlet. The information must include the maintenance schedule   and log for installed filters certified by NSF International,   unless the drinking water outlet is equipped with a clearly visible   indicator for filter replacement.          Sec. 341.055.  TECHNICAL GUIDANCE. (a) The commission shall   issue technical guidance that is at least as protective of the   public health as the technical guidance for reducing lead in   drinking water at schools issued by the United States Environmental   Protection Agency. Provisions of the technical guidance related to   testing to determine the presence and level of lead in water must be   designed to maximize detection of lead in water and must prohibit   sampling or testing methods that tend to mask lead contamination,   including pre-stagnation flushing and removal of aerators before   sampling.          (b)  The commission shall provide the technical guidance   described by Subsection (a), a list of laboratories certified to   conduct lead testing, and any other information the commission   considers appropriate to each school district, open-enrollment   charter school, private school, and child care facility.          SECTION 3.  (a) Not later than December 1, 2021, the Texas   Commission on Environmental Quality shall order each public water   system to replace all lead service lines at each public school,   private school, and child care facility as required by Section   341.051(a), Health and Safety Code, as added by this Act.          (b)  Not later than September 1, 2024, each public water   system shall fully replace lead service lines at all public   schools, private schools, and child care facilities that it serves,   as required by Section 341.051(a), Health and Safety Code, as added   by this Act.          (c)  Not later than October 1, 2021, each public water system   shall provide school districts, open-enrollment charter schools,   private schools, and child care facilities that it serves with   information relating to the location of lead service lines, as   required by Section 341.051(b), Health and Safety Code, as added by   this Act.          (d)  Not later than November 1, 2021, each school district,   open-enrollment charter school, private school, and child care   facility shall inform the Texas Commission on Environmental Quality   which buildings are served by lead service lines as required by   Section 341.051(b), Health and Safety Code, as added by this Act.          (e)  Not later than March 1, 2022, each public school,   private school, and child care facility shall adopt a plan of action   to prevent elevated lead levels in all water used for drinking or   cooking as required by Section 341.052(a), Health and Safety Code,   as added by this Act.          (f)  Not later than March 1, 2023, each public school,   private school, and child care facility shall install and maintain   filters certified by NSF International, as required by Section   341.052(a), Health and Safety Code, as added by this Act.          (g)  Not later than September 1, 2023, each public school,   private school, and child care facility shall replace the items   identified in the lead-bearing parts inventory, as required by   Section 341.052(c), Health and Safety Code, as added by this Act.          (h)  Not later than December 1, 2021, each public school,   private school, and child care facility shall perform an initial   test of each drinking water outlet, as required by Section   341.053(a), Health and Safety Code, as added by this Act.          (i)  Not later than October 15, 2021, the Texas Commission on   Environmental Quality shall post the technical guidance required by   Section 341.055, Health and Safety Code, as added by this Act, on   the commission's Internet website.          SECTION 4.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2021.