| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to lead in drinking water at public schools. |
|
|
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) "Commission"[, "commission"] means the Texas |
|
|
Commission on Environmental Quality. |
|
|
(2) "Drinking water outlet" means any water fountain, |
|
|
faucet, or tap regularly used for drinking or food preparation, |
|
|
including ice-making and hot drink machines. |
|
|
(3) "Elevated lead level" means a lead concentration |
|
|
in drinking water that exceeds the actionable standard set by the |
|
|
guidelines of the Environmental Protection Agency. |
|
|
(4) "Executive director" means the executive director |
|
|
of the commission. |
|
|
(5) "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. |
|
|
(6) "Public school" includes an open-enrollment |
|
|
charter school as defined by Section 5.001, Education Code. |
|
|
(7) "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. PUBLIC SCHOOL DRINKING WATER: LEAD SERVICE |
|
|
LINE INFORMATION. A public water system shall provide each public |
|
|
school that the public water system serves any information in its |
|
|
possession relating to the location of lead service lines. Each |
|
|
public school shall determine which of the school's buildings |
|
|
receive drinking water through lead service lines and report the |
|
|
information to the commission. |
|
|
Sec. 341.052. PUBLIC SCHOOL DRINKING WATER: TESTING. A |
|
|
public school may undertake periodic testing of the drinking water |
|
|
outlets in each school building for the presence of lead. Each test |
|
|
for lead, if conducted, must be conducted: |
|
|
(1) by a laboratory certified for that purpose by the |
|
|
executive director; and |
|
|
(2) in accordance with: |
|
|
(A) the sampling and testing methods specified by |
|
|
the Environmental Protection Agency; and |
|
|
(B) any applicable technical guidance issued by |
|
|
the commission under Section 341.054. |
|
|
Sec. 341.053. PUBLIC SCHOOL DRINKING WATER: TRANSPARENCY |
|
|
AND PUBLIC RIGHT TO KNOW. (a) A public school that performs |
|
|
testing under Section 341.052 shall: |
|
|
(1) submit to the commission and the Texas Education |
|
|
Agency a report that includes information on the testing, |
|
|
including: |
|
|
(A) the date the testing was completed; |
|
|
(B) the location and type of each drinking water |
|
|
outlet tested; |
|
|
(C) the complete results of each test; |
|
|
(D) any measures being taken to remediate a |
|
|
drinking water outlet found to have an elevated lead level; and |
|
|
(E) confirmation that the sampling and testing |
|
|
were conducted in accordance with federal and state standards; |
|
|
(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; |
|
|
(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 any remediation activities. |
|
|
(b) The commission shall adopt rules regarding the format |
|
|
for the submission of information under Subsection (a). |
|
|
Sec. 341.054. PUBLIC SCHOOL DRINKING WATER: TECHNICAL |
|
|
GUIDANCE. The commission shall post technical guidance for lead |
|
|
testing on the commission's Internet website, including: |
|
|
(1) information relating to: |
|
|
(A) the implementation of the federal Lead |
|
|
Contamination Control Act of 1988 in this state; |
|
|
(B) the implementation of the Environmental |
|
|
Protection Agency's technical guidance for reducing lead in |
|
|
drinking water in schools; and |
|
|
(C) testing and sampling protocols; |
|
|
(2) a list of laboratories certified to conduct lead |
|
|
testing; and |
|
|
(3) resources for best practices for remediation. |
|
|
Sec. 341.055. PUBLIC SCHOOL DRINKING WATER: COMMISSION |
|
|
BIENNIAL REPORT. Not later than December 1 of each even-numbered |
|
|
year, the executive director shall submit to the governor, the |
|
|
lieutenant governor, the speaker of the house of representatives, |
|
|
and each member of the legislature a report that includes a summary |
|
|
of the information submitted under Section 341.053(a) in the |
|
|
preceding two-year period. |
|
|
SECTION 3. (a) Not later than October 1, 2017, each public |
|
|
water system shall provide public schools that it serves with |
|
|
information relating to the location of lead service lines, as |
|
|
required by Section 341.051, Health and Safety Code, as added by |
|
|
this Act. |
|
|
(b) Not later than November 1, 2017, each public school |
|
|
shall inform the Texas Commission on Environmental Quality which |
|
|
buildings are served by lead service lines as required by Section |
|
|
341.051, Health and Safety Code, as added by this Act. |
|
|
(c) Not later than October 15, 2017, the Texas Commission on |
|
|
Environmental Quality shall post the technical guidance required by |
|
|
Section 341.054, Health and Safety Code, as added by this Act, on |
|
|
the commission's Internet website. |
|
|
SECTION 4. The Texas Commission on Environmental Quality is |
|
|
required to implement Sections 341.053, 341.054, and 341.055, |
|
|
Health and Safety Code, as added by this Act, only if the |
|
|
legislature appropriates money specifically for those purposes. If |
|
|
the legislature does not appropriate money specifically for those |
|
|
purposes, the commission may, but is not required to, implement |
|
|
those sections using other appropriations available to the |
|
|
commission for those purposes. |
|
|
SECTION 5. 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, 2017. |
|
|
|
|
|
* * * * * |