Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S526 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 696 FILED ON: 1/17/2023
3	3	SENATE . . . . . . . . . . . . . . No. 526
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joan B. Lovely
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act ensuring safe drinking water in schools.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Joan B. LovelySecond EssexPatrick M. O'ConnorFirst Plymouth and Norfolk2/8/2023Anne M. GobiWorcester and Hampshire2/8/2023Jack Patrick Lewis7th Middlesex2/8/2023Michael O. MooreSecond Worcester2/21/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/21/2023Lydia EdwardsThird Suffolk2/21/2023James B. EldridgeMiddlesex and Worcester2/21/2023Patricia D. JehlenSecond Middlesex2/21/2023Thomas M. Stanley9th Middlesex2/21/2023Carmine Lawrence Gentile13th Middlesex2/21/2023Adam GomezHampden2/22/2023 1 of 8
16	16	SENATE DOCKET, NO. 696 FILED ON: 1/17/2023
17	17	SENATE . . . . . . . . . . . . . . No. 526
18	18	By Ms. Lovely, a petition (accompanied by bill, Senate, No. 526) of Joan B. Lovely, Patrick M.
19	19	O'Connor, Anne M. Gobi, Jack Patrick Lewis and other members of the General Court for
20	20	legislation to ensure safe drinking water in schools. Environment and Natural Resources.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 580 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act ensuring safe drinking water in schools.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after
32	32	2section 160G the following section:-
33	33	3 Section 160H. The Safe Drinking Water at School Act
34	34	4 (a) As used in this section, the following words shall have the following meanings, unless
35	35	5the context clearly requires otherwise:-
36	36	6 “Certified point-of-use filter”, a filter installed at the point where water is dispensed from
37	37	7an outlet and is (i) certified to the latest version of NSF/ANSI 53 for lead reduction and
38	38	8NSF/ANSI 42 for particulate reduction (Class I), and the certification body shall be accredited by 2 of 8
39	39	9the American National Standards Institute National Accreditation Board (ANAB) ; or (ii) meets
40	40	10more stringent requirements adopted thereafter.
41	41	11 “Certified test results”, outcomes from samplings conducted by a laboratory certified for
42	42	12this purpose by the commissioner in accordance with the methods specified in the department’s
43	43	13technical guidance. Each test for lead under this section shall be a certified test result.
44	44	14 “Child care center” , as defined in section 1A of chapter 15D.
45	45	15 “Commissioner”, the commissioner of the department of environmental protection.
46	46	16 “Department”, the department of environmental protection.
47	47	17 “Drinking water outlet”, any drinking fountain, faucet, tap or other end-point for delivery
48	48	18of water used for drinking or food preparation, including, but not limited to, ice-making and hot-
49	49	19drink machines.
50	50	20 “Elevated lead level”, a health-based standard for schools and child care centers in which
51	51	21lead concentration in drinking water exceeds one part per billion.
52	52	22 “Local board of health”, any board of health authorized under sections 26-33, inclusive,
53	53	23of chapter 111.
54	54	24 “Non-drinking water outlet”, any faucet, tap or other end-point for delivery of water used
55	55	25for any purpose other than drinking or food preparation.
56	56	26 “School”, any facility operating for the development and education of children in pre-
57	57	27school through twelfth grade, whether operated by a school district, charter or non-public entity. 3 of 8
58	58	28 “Technical guidance”, the specifications for detecting and remediating lead in drinking
59	59	29water at schools issued by the department pursuant to subsection (f) of this section.
60	60	30 (b)(1) Each school and child care center shall annually test each drinking water outlet for
61	61	31elevated lead levels. Samples shall be taken according to methods specified in the department’s
62	62	32technical guidance. A school or child care center that has not tested its drinking water outlets for
63	63	33lead under the commonwealth’s “Assistance Program for Lead in School Drinking Water” shall
64	64	34complete lead testing at each drinking water outlet according to the department’s technical
65	65	35guidance no later than six months after the effective date of this section.
66	66	36 (2) On a case-by-case basis, the commissioner may determine that more or less frequent
67	67	37testing is necessary or sufficient to ensure public health and safety. This may include, but shall
68	68	38not be limited to, timely testing after replacement of lead-bearing parts and installation of
69	69	39certified filters. Nothing in this section shall prevent a school district, charter school or nonpublic
70	70	40school from conducting more frequent testing.
71	71	41 (c)(1) Each school and child care center with one or more tests showing elevated lead
72	72	42levels in water from any drinking water outlet, including but not limited to tests conducted under
73	73	43the commonwealth’s “Assistance Program for Lead in School Drinking Water” or under
74	74	44subsection (d) shall remediate the elevated lead levels by implementing the following measures:
75	75	45 (i) Each school and child care center shall immediately shut off drinking water outlets
76	76	46showing elevated lead levels. A drinking water outlet that has been shut-off may be turned on
77	77	47once it has produced at least two sets of certified test results showing no elevated lead levels;
78	78	48 (ii) Each school and child care center shall install and maintain certified point-of-use
79	79	49filters at all drinking water outlets, with the exception of water fountains, within eighteen months 4 of 8
80	80	50of the effective date of this section. A school or child care center may, consistent with other
81	81	51obligations in law, remove select drinking water outlets from operation in lieu of installing
82	82	52certified point-of-use filters on those drinking water outlets, so long as every child has
83	83	53reasonable access to free, lead-free and safe drinking water;
84	84	54 (iii) Each school and child care center shall permanently shut-off existing water fountains
85	85	55and provide in their place filtered, bottle-filling stations, equipped with water fountain outputs as
86	86	56appropriate, at the rate of one per 75 students;
87	87	57 (iv) Each school and child care center shall set up a filter maintenance and oversight
88	88	58schedule for all certified point-of-use filters installed pursuant to this section and according to the
89	89	59department’s technical guidance;
90	90	60 (v) Should any drinking water outlet fail to produce at least two sets of certified test
91	91	61results showing no elevated lead levels within six months of the installation of certified point-of-
92	92	62use filters, the school or child care center where the outlet is located shall pursue other methods
93	93	63of remediation in addition to certified point-of-use filters until the water from said drinking water
94	94	64outlet has produced two sets of certified test results showing no elevated lead levels; and
95	95	65 (vi) The school or child care center may choose from a list of methods including, but not
96	96	66limited to, replacing lead-bearing fixtures and plumbing with lead soldering or replacing the
97	97	67drinking water outlet with a lead-free fixture, and other methods found in the department’s
98	98	68technical guidance.
99	99	69 (2) Notwithstanding the requirements outlined in this subsection, nothing in this
100	100	70subsection shall prevent a school or child care center from pursuing additional methods of 5 of 8
101	101	71remediation, especially in response to public input, consistent with the department’s technical
102	102	72guidance.
103	103	73 (3) A school or child care center may seek the assistance of local board of health, public
104	104	74water system, or the department to comply with the provisions of this subsection.
105	105	75 (d)(1) Each school and child care center shall submit to the department of environmental
106	106	76protection and the department of public health, as soon as practicable, the following information:
107	107	77 (i) a plan of action for preventing lead contamination of water, including, but not limited
108	108	78to, actions already taken pursuant to this section;
109	109	79 (ii) a progress report on the implementation status of its plan of action; and
110	110	80 (iii) information on tests conducted pursuant to subsection (b), including, but not limited
111	111	81to, the date the testing was completed, the location and type of each drinking water outlet tested,
112	112	82the complete results of each test and any immediate measures being taken in response to tests
113	113	83showing a drinking water outlet or outlets with elevated lead levels.
114	114	84 (2) Each school and child care center shall maintain copies of the information submitted
115	115	85under this subsection in a suitable location for inspection by the public; post this information on
116	116	86the website of the school or child care center; and notify parents, teachers and employee
117	117	87organizations of the availability of said information.
118	118	88 (e) Each school and child care center shall designate an employee to serve as the contact
119	119	89person for communications with the department and the public regarding the lead testing and
120	120	90remediation activities and notify, within one business day, teachers, other school personnel, and
121	121	91parents directly, through written notice, electronic mail or other means approved by the 6 of 8
122	122	92department, if testing conducted pursuant to subsection (c) reveals an elevated lead level at a
123	123	93drinking water outlet. Such notification shall include, but need not be limited to:
124	124	94 (1) a summary of the results of the testing conducted, and information on the availability
125	125	95of the complete test results for public inspection at a suitable location and on the website of the
126	126	96school or child care center;
127	127	97 (2) a description of any remedial measures being taken pursuant to subsection (c);
128	128	98 (3) information on the public health effects and risks posed by lead in drinking water and
129	129	99information on the availability of additional resources concerning lead in drinking water, as
130	130	100outlined in the technical guidance; and
131	131	101 (4) the name and contact information of the person designated pursuant to subsection (e)
132	132	102to communicate with the public.
133	133	103 (f) The department shall develop and issue guidance to every school and child care center
134	134	104regarding how to display information about lead at each drinking water outlet, including, but not
135	135	105limited to, (i) posted warnings of the presence of lead at each drinking water outlet where one or
136	136	106more lead test results has shown elevated lead levels; and (ii) maintenance, testing and filters at
137	137	107each drinking water outlet.
138	138	108 (g) Each school and child care center shall publish at each drinking water outlet the
139	139	109following information:
140	140	110 (1) the maintenance schedule and log for installed certified point-of-use filters at that
141	141	111drinking water outlet;
142	142	112 (2) the most recent lead test conducted at that drinking water outlet; 7 of 8
143	143	113 (3) the date of the next scheduled test at that drinking water outlet; and
144	144	114 (4) whether the drinking water outlet is closed due to the presence of elevated lead levels.
145	145	115 (h) Each school and child care center shall post every non-drinking water outlet as “not
146	146	116for drinking.”
147	147	117 (i)(1) The department, in consultation with department of health, may adopt, after notice,
148	148	118interim rules and regulations necessary to implement the provisions of this section. The rules and
149	149	119regulations shall be effective immediately upon filing with the office of administrative law and
150	150	120shall be effective for no more than 18 months, and may, thereafter, be amended, adopted or
151	151	121readopted by the department.
152	152	122 (2) The department shall issue technical guidance that meets at least the same technical
153	153	123guidance standards for reducing lead in drinking water at schools issued by the U.S.
154	154	124Environmental Protection Agency. Provisions of the technical guidance related to testing to
155	155	125determine the presence and levels of lead in water shall be designed to maximize detection of
156	156	126lead in water, and shall prohibit sampling or testing methods that tend to mask lead
157	157	127contamination, including pre-stagnation flushing and removal of aerators prior to sampling. The
158	158	128department shall provide with the technical guidance a list of laboratories certified to conduct
159	159	129lead testing, and any other information the department deems appropriate, to each school district,
160	160	130charter school nonpublic school and child care center, and post said information on the
161	161	131department’s website within 45 days of the effective date of this section.
162	162	132 (j)(1) If a school or child care center is unable to comply with some or all of the
163	163	133requirements of this section, the superintendent of the school district, the administration of a
164	164	134private day or residential school or the board of trustees of a charter school may request a 8 of 8
165	165	135hardship waiver of some or all of the section’s requirements from the commissioner. No less than
166	166	13630 days prior to requesting a hardship waiver, a public school district or child care center shall
167	167	137notify parents of their intention to request a waiver and hold at least one public meeting to
168	168	138present the proposed waiver in detail, disclose health risks of lead in water and allow meaningful
169	169	139public input on the decision to request a waiver.
170	170	140 (3) Nothing in this subsection shall be construed to place additional requirements on a
171	171	141school or child care center that, prior to the effective date of this section, has already taken
172	172	142measures, which, in the judgment of the department, permanently eliminates the risk of elevated
173	173	143lead levels in its water at all drinking water outlets.
174	174	144 SECTION 2. Section 2L of Chapter 29 of the General Laws, as appearing in the 2020
175	175	145Official Edition, is hereby amended by inserting after the word “chapter”, in line 8, the
176	176	146following:-
177	177	147 “and for the purposes described in section 160H of chapter 111”.