85R8982 AJZ-D
	By: Garcia	S.B. No. 1587

	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, or 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
	the National Sanitation Foundation at all drinking water outlets in
	each school or facility building; and
	(2)  an inventory of lead-bearing parts within the
	school 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, or 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 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, or 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 the
	National Sanitation Foundation 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, or 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 the National Sanitation
	Foundation, 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 prior to
	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, 2017, 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, 2020, 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, 2017, 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, 2017, 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, 2018, 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, 2019, each public school,
	private school, and child care facility shall install and maintain
	filters certified by the National Sanitation Foundation, as
	required by Section 341.052(a), Health and Safety Code, as added by
	this Act.
	(g)  Not later than September 1, 2019, 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, 2017, each public school,
	private school, or 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, 2017, 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, 2017.