| 1 | 1 | | 85R13175 SLB-D |
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| 2 | 2 | | By: Garcia S.B. No. 1580 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the testing of drinking water from and the replacement |
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| 8 | 8 | | and repair of drinking water outlets and water lines on publicly |
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| 9 | 9 | | owned and operated property. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter C, Chapter 341, Health and Safety |
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| 12 | 12 | | Code, is amended by adding Section 341.0317 to read as follows: |
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| 13 | 13 | | Sec. 341.0317. DRINKING WATER ON PUBLICLY OWNED AND |
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| 14 | 14 | | OPERATED PROPERTY. (a) In this section: |
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| 15 | 15 | | (1) "Child care facility" has the meaning assigned by |
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| 16 | 16 | | Section 88.001. |
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| 17 | 17 | | (2) "Drinking water outlet" means any point-of-use |
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| 18 | 18 | | device, including a water fountain, faucet, or tap regularly used |
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| 19 | 19 | | for drinking water or food preparation. |
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| 20 | 20 | | (3) "Federal rule" means the United States |
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| 21 | 21 | | Environmental Protection Agency's Lead and Copper Rule (40 C.F.R. |
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| 22 | 22 | | Part 141, Subpart I). |
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| 23 | 23 | | (4) "Institution of higher education" has the meaning |
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| 24 | 24 | | assigned by Section 61.003, Education Code. |
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| 25 | 25 | | (5) "Public junior college" has the meaning assigned |
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| 26 | 26 | | by Section 61.003, Education Code. |
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| 27 | 27 | | (6) "Public water system" has the meaning assigned by |
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| 28 | 28 | | the federal Safe Drinking Water Act (42 U.S.C. Section 300f et |
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| 29 | 29 | | seq.). |
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| 30 | 30 | | (7) "State hospital" has the meaning assigned by |
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| 31 | 31 | | Section 552.0011. |
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| 32 | 32 | | (8) "State supported living center" has the meaning |
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| 33 | 33 | | assigned by Section 531.002. |
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| 34 | 34 | | (9) "Water line" means the pipe and its fittings that |
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| 35 | 35 | | connect a drinking water main to a drinking water outlet. |
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| 36 | 36 | | (b) The commission shall create a program under which the |
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| 37 | 37 | | commission routinely tests the levels of lead and copper in the |
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| 38 | 38 | | water emitted from all drinking water outlets and water lines that |
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| 39 | 39 | | serve property owned and operated by the state or a political |
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| 40 | 40 | | subdivision of this state, including: |
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| 41 | 41 | | (1) public schools; |
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| 42 | 42 | | (2) publicly owned child care facilities; |
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| 43 | 43 | | (3) institutions of higher education and public junior |
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| 44 | 44 | | colleges; |
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| 45 | 45 | | (4) state supported living centers; |
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| 46 | 46 | | (5) public hospitals; |
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| 47 | 47 | | (6) state agencies; and |
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| 48 | 48 | | (7) public parks. |
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| 49 | 49 | | (c) The commission shall create a plan that includes: |
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| 50 | 50 | | (1) a process for the commission to cooperate with |
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| 51 | 51 | | state agencies, political subdivisions, and public water systems to |
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| 52 | 52 | | create a schedule to repair or replace all drinking water outlets |
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| 53 | 53 | | and water lines that contain water with levels of lead and copper |
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| 54 | 54 | | that exceed the standards set by the federal rule; and |
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| 55 | 55 | | (2) a standardized routine maintenance plan to ensure |
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| 56 | 56 | | that all drinking water outlets and water lines are safe for public |
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| 57 | 57 | | use. |
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| 58 | 58 | | (d) An entity responsible for the maintenance of a drinking |
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| 59 | 59 | | water outlet or water line that the commission determines contains |
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| 60 | 60 | | water with levels of lead and copper that exceed the standards set |
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| 61 | 61 | | by the federal rule shall: |
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| 62 | 62 | | (1) repair or replace the drinking water outlet or |
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| 63 | 63 | | water line according to the plan and schedule created under |
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| 64 | 64 | | Subsection (c); and |
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| 65 | 65 | | (2) bear the cost of the repair or replacement of the |
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| 66 | 66 | | drinking water outlet or water line. |
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| 67 | 67 | | (e) The commission shall post on the publicly accessible |
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| 68 | 68 | | portion of the commission's Internet website, and each affected |
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| 69 | 69 | | state agency or political subdivision shall post on its Internet |
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| 70 | 70 | | website: |
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| 71 | 71 | | (1) results of testing under Subsection (b); and |
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| 72 | 72 | | (2) repair and replacement schedules described in the |
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| 73 | 73 | | plan created under Subsection (c). |
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| 74 | 74 | | SECTION 2. (a) Not later than August 1, 2018, the Texas |
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| 75 | 75 | | Commission on Environmental Quality shall create the program and |
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| 76 | 76 | | the plan as required by Section 341.0317, Health and Safety Code, as |
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| 77 | 77 | | added by this Act. |
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| 78 | 78 | | (b) Not later than September 1, 2018, the Texas Commission |
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| 79 | 79 | | on Environmental Quality shall begin testing as required by Section |
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| 80 | 80 | | 341.0317, Health and Safety Code, as added by this Act. |
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| 81 | 81 | | SECTION 3. This Act takes effect September 1, 2017. |
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