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| 2 | 2 | | HOUSE DOCKET, NO. 3792 FILED ON: 1/20/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 851 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Kate Lipper-Garabedian |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act ensuring safe drinking water in schools. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Kate Lipper-Garabedian32nd Middlesex1/20/2023James C. Arena-DeRosa8th Middlesex1/31/2023Jessica Ann Giannino16th Suffolk1/31/2023Jack Patrick Lewis7th Middlesex2/3/2023Vanna Howard17th Middlesex2/3/2023Lindsay N. Sabadosa1st Hampshire2/3/2023Paul McMurtry11th Norfolk2/3/2023John F. KeenanNorfolk and Plymouth2/3/2023Jason M. LewisFifth Middlesex2/3/2023Carol A. Doherty3rd Bristol2/3/2023Jon Santiago9th Suffolk2/7/2023Christine P. Barber34th Middlesex2/13/2023Carmine Lawrence Gentile13th Middlesex2/13/2023Thomas M. Stanley9th Middlesex2/13/2023Sean Garballey23rd Middlesex2/13/2023James B. EldridgeMiddlesex and Worcester2/13/2023David Paul Linsky5th Middlesex2/14/2023Colleen M. Garry36th Middlesex2/14/2023 2 of 2 |
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| 16 | 16 | | Tram T. Nguyen18th Essex2/21/2023James Arciero2nd Middlesex2/21/2023Brian W. Murray10th Worcester2/21/2023Samantha Montaño15th Suffolk2/21/2023John Barrett, III1st Berkshire2/22/2023Natalie M. Higgins4th Worcester3/1/2023Kay Khan11th Middlesex3/1/2023Rodney M. Elliott16th Middlesex3/1/2023Simon Cataldo14th Middlesex3/6/2023 1 of 8 |
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| 17 | 17 | | HOUSE DOCKET, NO. 3792 FILED ON: 1/20/2023 |
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| 18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 851 |
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| 19 | 19 | | By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No. |
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| 20 | 20 | | 851) of Kate Lipper-Garabedian and others relative to safe drinking water in schools. |
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| 21 | 21 | | Environment and Natural Resources. |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Third General Court |
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| 25 | 25 | | (2023-2024) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act ensuring safe drinking water in schools. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after |
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| 31 | 31 | | 2section 160G the following section:- |
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| 32 | 32 | | 3 Section 160H. The Safe Drinking Water at School Act |
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| 33 | 33 | | 4 (a) As used in this section, the following words shall have the following meanings, unless |
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| 34 | 34 | | 5the context clearly requires otherwise:- |
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| 35 | 35 | | 6 “Certified point-of-use filter”, a filter installed at the point where water is dispensed from |
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| 36 | 36 | | 7an outlet and is (i) certified to the latest version of NSF/ANSI 53 for lead reduction and |
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| 37 | 37 | | 8NSF/ANSI 42 for particulate reduction (Class I), and the certification body shall be accredited by |
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| 38 | 38 | | 9the American National Standards Institute National Accreditation Board (ANAB) ; or (ii) meets |
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| 39 | 39 | | 10more stringent requirements adopted thereafter. 2 of 8 |
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| 40 | 40 | | 11 “Certified test results”, outcomes from samplings conducted by a laboratory certified for |
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| 41 | 41 | | 12this purpose by the commissioner in accordance with the methods specified in the department’s |
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| 42 | 42 | | 13technical guidance. Each test for lead under this section shall be a certified test result. |
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| 43 | 43 | | 14 “Child care center” , as defined in section 1A of chapter 15D. |
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| 44 | 44 | | 15 “Commissioner”, the commissioner of the department of environmental protection. |
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| 45 | 45 | | 16 “Department”, the department of environmental protection. |
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| 46 | 46 | | 17 “Drinking water outlet”, any drinking fountain, faucet, tap or other end-point for delivery |
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| 47 | 47 | | 18of water used for drinking or food preparation, including, but not limited to, ice-making and hot- |
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| 48 | 48 | | 19drink machines. |
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| 49 | 49 | | 20 “Elevated lead level”, a health-based standard for schools and child care centers in which |
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| 50 | 50 | | 21lead concentration in drinking water exceeds one part per billion. |
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| 51 | 51 | | 22 “Local board of health”, any board of health authorized under sections 26-33, inclusive, |
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| 52 | 52 | | 23of chapter 111. |
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| 53 | 53 | | 24 “Non-drinking water outlet”, any faucet, tap or other end-point for delivery of water used |
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| 54 | 54 | | 25for any purpose other than drinking or food preparation. |
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| 55 | 55 | | 26 “School”, any facility operating for the development and education of children in pre- |
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| 56 | 56 | | 27school through twelfth grade, whether operated by a school district, charter or non-public entity. |
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| 57 | 57 | | 28 “Technical guidance”, the specifications for detecting and remediating lead in drinking |
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| 58 | 58 | | 29water at schools issued by the department pursuant to subsection (f) of this section. 3 of 8 |
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| 59 | 59 | | 30 (b)(1) Each school and child care center shall annually test each drinking water outlet for |
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| 60 | 60 | | 31elevated lead levels. Samples shall be taken according to methods specified in the department’s |
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| 61 | 61 | | 32technical guidance. A school or child care center that has not tested its drinking water outlets for |
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| 62 | 62 | | 33lead under the commonwealth’s “Assistance Program for Lead in School Drinking Water” shall |
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| 63 | 63 | | 34complete lead testing at each drinking water outlet according to the department’s technical |
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| 64 | 64 | | 35guidance no later than six months after the effective date of this section. |
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| 65 | 65 | | 36 (2) On a case-by-case basis, the commissioner may determine that more or less frequent |
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| 66 | 66 | | 37testing is necessary or sufficient to ensure public health and safety. This may include, but shall |
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| 67 | 67 | | 38not be limited to, timely testing after replacement of lead-bearing parts and installation of |
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| 68 | 68 | | 39certified filters. Nothing in this section shall prevent a school district, charter school or nonpublic |
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| 69 | 69 | | 40school from conducting more frequent testing. |
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| 70 | 70 | | 41 (c)(1) Each school and child care center with one or more tests showing elevated lead |
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| 71 | 71 | | 42levels in water from any drinking water outlet, including but not limited to tests conducted under |
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| 72 | 72 | | 43the commonwealth’s “Assistance Program for Lead in School Drinking Water” or under |
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| 73 | 73 | | 44subsection (d) shall remediate the elevated lead levels by implementing the following measures: |
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| 74 | 74 | | 45 (i) Each school and child care center shall immediately shut off drinking water outlets |
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| 75 | 75 | | 46showing elevated lead levels. A drinking water outlet that has been shut-off may be turned on |
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| 76 | 76 | | 47once it has produced at least two sets of certified test results showing no elevated lead levels; |
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| 77 | 77 | | 48 (ii) Each school and child care center shall install and maintain certified point-of-use |
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| 78 | 78 | | 49filters at all drinking water outlets, with the exception of water fountains, within eighteen months |
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| 79 | 79 | | 50of the effective date of this section. A school or child care center may, consistent with other |
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| 80 | 80 | | 51obligations in law, remove select drinking water outlets from operation in lieu of installing 4 of 8 |
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| 81 | 81 | | 52certified point-of-use filters on those drinking water outlets, so long as every child has |
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| 82 | 82 | | 53reasonable access to free, lead-free and safe drinking water; |
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| 83 | 83 | | 54 (iii) Each school and child care center shall permanently shut-off existing water fountains |
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| 84 | 84 | | 55and provide in their place filtered, bottle-filling stations, equipped with water fountain outputs as |
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| 85 | 85 | | 56appropriate, at the rate of one per 75 students; |
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| 86 | 86 | | 57 (iv) Each school and child care center shall set up a filter maintenance and oversight |
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| 87 | 87 | | 58schedule for all certified point-of-use filters installed pursuant to this section and according to the |
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| 88 | 88 | | 59department’s technical guidance; |
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| 89 | 89 | | 60 (v) Should any drinking water outlet fail to produce at least two sets of certified test |
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| 90 | 90 | | 61results showing no elevated lead levels within six months of the installation of certified point-of- |
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| 91 | 91 | | 62use filters, the school or child care center where the outlet is located shall pursue other methods |
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| 92 | 92 | | 63of remediation in addition to certified point-of-use filters until the water from said drinking water |
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| 93 | 93 | | 64outlet has produced two sets of certified test results showing no elevated lead levels; and |
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| 94 | 94 | | 65 (vi) The school or child care center may choose from a list of methods including, but not |
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| 95 | 95 | | 66limited to, replacing lead-bearing fixtures and plumbing with lead soldering or replacing the |
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| 96 | 96 | | 67drinking water outlet with a lead-free fixture, and other methods found in the department’s |
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| 97 | 97 | | 68technical guidance. |
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| 98 | 98 | | 69 (2) Notwithstanding the requirements outlined in this subsection, nothing in this |
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| 99 | 99 | | 70subsection shall prevent a school or child care center from pursuing additional methods of |
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| 100 | 100 | | 71remediation, especially in response to public input, consistent with the department’s technical |
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| 101 | 101 | | 72guidance. 5 of 8 |
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| 102 | 102 | | 73 (3) A school or child care center may seek the assistance of local board of health, public |
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| 103 | 103 | | 74water system, or the department to comply with the provisions of this subsection. |
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| 104 | 104 | | 75 (d)(1) Each school and child care center shall submit to the department of environmental |
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| 105 | 105 | | 76protection and the department of public health, as soon as practicable, the following information: |
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| 106 | 106 | | 77 (i) a plan of action for preventing lead contamination of water, including, but not limited |
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| 107 | 107 | | 78to, actions already taken pursuant to this section; |
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| 108 | 108 | | 79 (ii) a progress report on the implementation status of its plan of action; and |
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| 109 | 109 | | 80 (iii) information on tests conducted pursuant to subsection (b), including, but not limited |
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| 110 | 110 | | 81to, the date the testing was completed, the location and type of each drinking water outlet tested, |
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| 111 | 111 | | 82the complete results of each test and any immediate measures being taken in response to tests |
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| 112 | 112 | | 83showing a drinking water outlet or outlets with elevated lead levels. |
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| 113 | 113 | | 84 (2) Each school and child care center shall maintain copies of the information submitted |
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| 114 | 114 | | 85under this subsection in a suitable location for inspection by the public; post this information on |
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| 115 | 115 | | 86the website of the school or child care center; and notify parents, teachers and employee |
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| 116 | 116 | | 87organizations of the availability of said information. |
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| 117 | 117 | | 88 (e) Each school and child care center shall designate an employee to serve as the contact |
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| 118 | 118 | | 89person for communications with the department and the public regarding the lead testing and |
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| 119 | 119 | | 90remediation activities and notify, within one business day, teachers, other school personnel, and |
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| 120 | 120 | | 91parents directly, through written notice, electronic mail or other means approved by the |
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| 121 | 121 | | 92department, if testing conducted pursuant to subsection (c) reveals an elevated lead level at a |
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| 122 | 122 | | 93drinking water outlet. Such notification shall include, but need not be limited to: 6 of 8 |
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| 123 | 123 | | 94 (1) a summary of the results of the testing conducted, and information on the availability |
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| 124 | 124 | | 95of the complete test results for public inspection at a suitable location and on the website of the |
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| 125 | 125 | | 96school or child care center; |
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| 126 | 126 | | 97 (2) a description of any remedial measures being taken pursuant to subsection (c); |
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| 127 | 127 | | 98 (3) information on the public health effects and risks posed by lead in drinking water and |
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| 128 | 128 | | 99information on the availability of additional resources concerning lead in drinking water, as |
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| 129 | 129 | | 100outlined in the technical guidance; and |
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| 130 | 130 | | 101 (4) the name and contact information of the person designated pursuant to subsection (e) |
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| 131 | 131 | | 102to communicate with the public. |
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| 132 | 132 | | 103 (f) The department shall develop and issue guidance to every school and child care center |
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| 133 | 133 | | 104regarding how to display information about lead at each drinking water outlet, including, but not |
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| 134 | 134 | | 105limited to, (i) posted warnings of the presence of lead at each drinking water outlet where one or |
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| 135 | 135 | | 106more lead test results has shown elevated lead levels; and (ii) maintenance, testing and filters at |
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| 136 | 136 | | 107each drinking water outlet. |
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| 137 | 137 | | 108 (g) Each school and child care center shall publish at each drinking water outlet the |
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| 138 | 138 | | 109following information: |
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| 139 | 139 | | 110 (1) the maintenance schedule and log for installed certified point-of-use filters at that |
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| 140 | 140 | | 111drinking water outlet; |
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| 141 | 141 | | 112 (2) the most recent lead test conducted at that drinking water outlet; |
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| 142 | 142 | | 113 (3) the date of the next scheduled test at that drinking water outlet; and 7 of 8 |
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| 143 | 143 | | 114 (4) whether the drinking water outlet is closed due to the presence of elevated lead levels. |
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| 144 | 144 | | 115 (h) Each school and child care center shall post every non-drinking water outlet as “not |
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| 145 | 145 | | 116for drinking.” |
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| 146 | 146 | | 117 (i)(1) The department, in consultation with department of health, may adopt, after notice, |
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| 147 | 147 | | 118interim rules and regulations necessary to implement the provisions of this section. The rules and |
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| 148 | 148 | | 119regulations shall be effective immediately upon filing with the office of administrative law and |
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| 149 | 149 | | 120shall be effective for no more than 18 months, and may, thereafter, be amended, adopted or |
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| 150 | 150 | | 121readopted by the department. |
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| 151 | 151 | | 122 (2) The department shall issue technical guidance that meets at least the same technical |
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| 152 | 152 | | 123guidance standards for reducing lead in drinking water at schools issued by the U.S. |
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| 153 | 153 | | 124Environmental Protection Agency. Provisions of the technical guidance related to testing to |
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| 154 | 154 | | 125determine the presence and levels of lead in water shall be designed to maximize detection of |
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| 155 | 155 | | 126lead in water, and shall prohibit sampling or testing methods that tend to mask lead |
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| 156 | 156 | | 127contamination, including pre-stagnation flushing and removal of aerators prior to sampling. The |
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| 157 | 157 | | 128department shall provide with the technical guidance a list of laboratories certified to conduct |
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| 158 | 158 | | 129lead testing, and any other information the department deems appropriate, to each school district, |
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| 159 | 159 | | 130charter school nonpublic school and child care center, and post said information on the |
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| 160 | 160 | | 131department’s website within 45 days of the effective date of this section. |
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| 161 | 161 | | 132 (j)(1) If a school or child care center is unable to comply with some or all of the |
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| 162 | 162 | | 133requirements of this section, the superintendent of the school district, the administration of a |
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| 163 | 163 | | 134private day or residential school or the board of trustees of a charter school may request a |
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| 164 | 164 | | 135hardship waiver of some or all of the section’s requirements from the commissioner. No less than 8 of 8 |
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| 165 | 165 | | 13630 days prior to requesting a hardship waiver, a public school district or child care center shall |
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| 166 | 166 | | 137notify parents of their intention to request a waiver and hold at least one public meeting to |
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| 167 | 167 | | 138present the proposed waiver in detail, disclose health risks of lead in water and allow meaningful |
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| 168 | 168 | | 139public input on the decision to request a waiver. |
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| 169 | 169 | | 140 (3) Nothing in this subsection shall be construed to place additional requirements on a |
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| 170 | 170 | | 141school or child care center that, prior to the effective date of this section, has already taken |
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| 171 | 171 | | 142measures, which, in the judgment of the department, permanently eliminates the risk of elevated |
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| 172 | 172 | | 143lead levels in its water at all drinking water outlets. |
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| 173 | 173 | | 144 SECTION 2. Section 2L of Chapter 29 of the General Laws, as appearing in the 2018 |
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| 174 | 174 | | 145Official Edition, is hereby amended by inserting after the word “chapter”, in line 8, the |
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| 175 | 175 | | 146following:- |
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| 176 | 176 | | 147 “and for the purposes described in section 160H of chapter 111”. |
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