TX
Texas Senate Bill SB1587

Texas 2017 - 85th Regular

Texas Senate Bill SB1587 Compare Versions

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1+85R8982 AJZ-D
12 By: Garcia S.B. No. 1587
2- (In the Senate - Filed March 9, 2017; March 21, 2017, read
3- first time and referred to Committee on Agriculture, Water & Rural
4- Affairs; May 10, 2017, reported adversely, with favorable
5- Committee Substitute by the following vote: Yeas 4, Nays 3;
6- May 10, 2017, sent to printer.)
7-Click here to see the committee vote
8- COMMITTEE SUBSTITUTE FOR S.B. No. 1587 By: Rodríguez
93
104
115 A BILL TO BE ENTITLED
126 AN ACT
13- relating to lead in drinking water at public schools.
7+ relating to lead in drinking water at schools and child care
8+ facilities.
149 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1510 SECTION 1. Section 341.040, Health and Safety Code, is
1611 amended to read as follows:
1712 Sec. 341.040. DEFINITIONS [DEFINITION]. In this
1813 subchapter:
19- (1) "Commission"[, "commission"] means the Texas
14+ (1) "Child care facility" has the meaning assigned by
15+ Section 88.001.
16+ (2) "Commission" [, "commission"] means the Texas
2017 Commission on Environmental Quality.
21- (2) "Drinking water outlet" means any water fountain,
18+ (3) "Drinking water outlet" means any water fountain,
2219 faucet, or tap regularly used for drinking or food preparation,
2320 including ice-making and hot drink machines.
24- (3) "Elevated lead level" means a lead concentration
25- in drinking water that exceeds the actionable standard set by the
26- guidelines of the Environmental Protection Agency.
27- (4) "Executive director" means the executive director
21+ (4) "Elevated lead level" means a lead concentration
22+ in drinking water that exceeds one part per billion.
23+ (5) "Executive director" means the executive director
2824 of the commission.
29- (5) "Lead service line" means a pipe and its fittings,
25+ (6) "Lead service line" means a pipe and its fittings,
3026 which are not lead free as defined by the federal Safe Drinking
3127 Water Act (42 U.S.C. Section 300g-6), that connect a drinking water
3228 main to a drinking water outlet.
33- (6) "Public school" includes an open-enrollment
34- charter school as defined by Section 5.001, Education Code.
35- (7) "Public water system" has the meaning assigned by
29+ (7) "Local health department" has the meaning assigned
30+ by Section 88.001.
31+ (8) "Open-enrollment charter school" and "private
32+ school" have the meanings assigned by Section 5.001, Education
33+ Code.
34+ (9) "Public water system" has the meaning assigned by
3635 Section 15.602, Water Code.
3736 SECTION 2. Subchapter C, Chapter 341, Health and Safety
3837 Code, is amended by adding Sections 341.051, 341.052, 341.053,
3938 341.054, and 341.055 to read as follows:
40- Sec. 341.051. PUBLIC SCHOOL DRINKING WATER: LEAD SERVICE
41- LINE INFORMATION. A public water system shall provide each public
42- school that the public water system serves any information in its
43- possession relating to the location of lead service lines. Each
44- public school shall determine which of the school's buildings
45- receive drinking water through lead service lines and report the
46- information to the commission.
47- Sec. 341.052. PUBLIC SCHOOL DRINKING WATER: TESTING. A
48- public school may undertake periodic testing of the drinking water
49- outlets in each school building for the presence of lead. Each test
50- for lead, if conducted, must be conducted:
51- (1) by a laboratory certified for that purpose by the
52- executive director; and
53- (2) in accordance with:
54- (A) the sampling and testing methods specified by
55- the Environmental Protection Agency; and
56- (B) any applicable technical guidance issued by
57- the commission under Section 341.054.
58- Sec. 341.053. PUBLIC SCHOOL DRINKING WATER: TRANSPARENCY
59- AND PUBLIC RIGHT TO KNOW. (a) A public school that performs
60- testing under Section 341.052 shall:
61- (1) submit to the commission and the Texas Education
62- Agency a report that includes information on the testing,
63- including:
64- (A) the date the testing was completed;
65- (B) the location and type of each drinking water
66- outlet tested;
67- (C) the complete results of each test;
68- (D) any measures being taken to remediate a
69- drinking water outlet found to have an elevated lead level; and
70- (E) confirmation that the sampling and testing
71- were conducted in accordance with federal and state standards;
39+ Sec. 341.051. LEAD SERVICE LINE REPLACEMENT. (a) Each
40+ public water system shall fully replace lead service lines in each
41+ public school, private school, or child care facility that is
42+ served by the public water system. The replacement shall be paid
43+ for by the public water system, regardless of ownership of any
44+ portion of the service line, and shall be performed in coordination
45+ with the relevant municipality, school, or child care facility. The
46+ replacement must conform to the commission's technical guidance
47+ under Section 341.055.
48+ (b) A public water system shall provide each school
49+ district, open-enrollment charter school, private school, and
50+ child care facility that the public water system serves any
51+ information in its possession relating to the location of lead
52+ service lines. Each school district, open-enrollment charter
53+ school, private school, and child care facility shall determine
54+ which of its buildings receive drinking water through lead service
55+ lines and report the information to the commission.
56+ (c) The commission shall ensure that lead service lines are
57+ disposed of in accordance with hazardous waste laws and not
58+ disposed of in a landfill or incinerated.
59+ Sec. 341.052. PREVENTING LEAD CONTAMINATION. (a) Each
60+ public school, private school, and child care facility shall
61+ develop and adopt a plan of action to prevent elevated lead levels
62+ in all water used for drinking or cooking. The plan of action must
63+ include:
64+ (1) installing and maintaining filters certified by
65+ the National Sanitation Foundation at all drinking water outlets in
66+ each school or facility building; and
67+ (2) an inventory of lead-bearing parts within the
68+ school or facility's water delivery system, including fixtures and
69+ plumbing with lead soldering.
70+ (b) A public school, private school, or child care facility
71+ may, if consistent with other obligations in law, remove some
72+ drinking water outlets from operation, instead of installing
73+ filters on those outlets, if every child has reasonable access to
74+ free, safe drinking water.
75+ (c) To the extent that replacement is both feasible and
76+ cost-effective, each public school, private school, or child care
77+ facility shall replace the items identified in the lead-bearing
78+ parts inventory under Subsection (a)(2).
79+ (d) The plan of action adopted under Subsection (a) may
80+ include any other measures to reduce lead contamination of drinking
81+ water outlets, consistent with the commission's technical guidance
82+ under Section 341.055.
83+ (e) A public school, private school, or child care facility
84+ may revise the school or facility's plan of action, especially in
85+ response to public input, if the plan of action complies with the
86+ commission's technical guidance under Section 341.055.
87+ (f) A public school, private school, or child care facility
88+ may seek the assistance of a local health department, a public water
89+ system, or the commission to comply with the provisions of this
90+ section.
91+ (g) Nothing in this section prevents a public school,
92+ private school, or child care facility from conducting more
93+ immediate lead remediation when a test indicates that a drinking
94+ water outlet has an elevated lead level, as provided by Section
95+ 341.053(c).
96+ Sec. 341.053. TESTING AND REMEDIATION. (a) Each public
97+ school, private school, or child care facility shall undertake
98+ periodic testing of the drinking water outlets in each school or
99+ child care facility for the presence of lead. Each test for lead
100+ shall be conducted by a laboratory certified for this purpose by the
101+ executive director, in accordance with the sampling and testing
102+ methods specified in the technical guidance under Section 341.055.
103+ Each school or child care facility shall perform the testing
104+ required by this section at least once per year, unless the
105+ executive director determines, on a case-by-case basis, that a
106+ greater or lesser frequency of testing is necessary or sufficient
107+ to ensure the public health, including timely testing after
108+ replacement of lead service lines.
109+ (b) Nothing in this section prevents a public school,
110+ private school, or child care facility from conducting more
111+ frequent testing than required under this section.
112+ (c) If testing reveals an elevated lead level at a drinking
113+ water outlet, the public school, private school, or child care
114+ facility shall, not later than 24 hours after receiving the test
115+ results, close off access to the drinking water outlet and report
116+ the test results to the commission. Not later than the 30th day
117+ after receiving test results showing one or more drinking water
118+ outlets have elevated levels of lead, the public school, private
119+ school, or child care facility must either:
120+ (1) permanently shut or close off access to the
121+ affected drinking water outlets and provide an alternative source
122+ of safe water without elevated lead levels; or
123+ (2) install and maintain filters certified by the
124+ National Sanitation Foundation at the drinking water outlets that
125+ have elevated lead levels.
126+ (d) A public school, private school, or child care facility
127+ shall take additional measures if necessary to eliminate elevated
128+ lead levels at the drinking water outlets, consistent with the
129+ technical guidance under Section 341.055.
130+ Sec. 341.054. TRANSPARENCY AND PUBLIC RIGHT TO KNOW. (a)
131+ Each public school, private school, or child care facility shall:
132+ (1) submit to the commission, the Texas Education
133+ Agency, and the department:
134+ (A) the plan of action adopted under Section
135+ 341.052 and any modifications to the plan; and
136+ (B) information on testing activities conducted
137+ under Section 341.053, including:
138+ (i) the date the testing was completed;
139+ (ii) the location and type of each drinking
140+ water outlet tested;
141+ (iii) the complete results of each test;
142+ and
143+ (iv) any measures being taken under Section
144+ 341.053(c) to remediate a drinking water outlet found to have an
145+ elevated lead level;
72146 (2) maintain copies of information submitted under
73147 Subdivision (1) in a suitable location for inspection by the public
74- and on the Internet website of the school;
148+ and on the Internet website of the school or facility;
75149 (3) notify parent, teacher, and employee
76150 organizations of the availability of the submitted information; and
77151 (4) designate a person to serve as the contact person
78152 for communications with the commission and the public regarding the
79- lead testing and any remediation activities.
80- (b) The commission shall adopt rules regarding the format
81- for the submission of information under Subsection (a).
82- Sec. 341.054. PUBLIC SCHOOL DRINKING WATER: TECHNICAL
83- GUIDANCE. The commission shall post technical guidance for lead
84- testing on the commission's Internet website, including:
85- (1) information relating to:
86- (A) the implementation of the federal Lead
87- Contamination Control Act of 1988 in this state;
88- (B) the implementation of the Environmental
89- Protection Agency's technical guidance for reducing lead in
90- drinking water in schools; and
91- (C) testing and sampling protocols;
92- (2) a list of laboratories certified to conduct lead
93- testing; and
94- (3) resources for best practices for remediation.
95- Sec. 341.055. PUBLIC SCHOOL DRINKING WATER: COMMISSION
96- BIENNIAL REPORT. Not later than December 1 of each even-numbered
97- year, the executive director shall submit to the governor, the
98- lieutenant governor, the speaker of the house of representatives,
99- and each member of the legislature a report that includes a summary
100- of the information submitted under Section 341.053(a) in the
101- preceding two-year period.
102- SECTION 3. (a) Not later than October 1, 2017, each public
103- water system shall provide public schools that it serves with
153+ lead testing and remediation activities.
154+ (b) If testing conducted under Section 341.053 reveals an
155+ elevated lead level at a drinking water outlet, the public school,
156+ private school, or child care facility shall, within one business
157+ day, directly notify teachers, school personnel, and the parent of
158+ or person standing in parental relation to each student through
159+ written notice, electronic mail, or other means approved by the
160+ commission. The notification must include:
161+ (1) a summary of the results of the testing and
162+ information on the availability of the complete test results for
163+ public inspection at a suitable location and on the Internet
164+ website of the school or facility;
165+ (2) a description of any remedial measures being taken
166+ under Section 341.053;
167+ (3) general information on the public health effects
168+ and risks posed by lead in drinking water and information on the
169+ availability of additional resources concerning lead in drinking
170+ water, as outlined in the technical guidance under Section 341.055;
171+ and
172+ (4) the name and contact information of the person
173+ designated under Subsection (a)(4) to communicate with the public.
174+ (c) At each drinking water outlet, the public school,
175+ private school, or child care facility shall post an electronically
176+ accessible code with information on testing and remediation for
177+ that outlet. The information must include the maintenance schedule
178+ and log for installed filters certified by the National Sanitation
179+ Foundation, unless the drinking water outlet is equipped with a
180+ clearly visible indicator for filter replacement.
181+ Sec. 341.055. TECHNICAL GUIDANCE. (a) The commission shall
182+ issue technical guidance that is at least as protective of the
183+ public health as the technical guidance for reducing lead in
184+ drinking water at schools issued by the United States Environmental
185+ Protection Agency. Provisions of the technical guidance related to
186+ testing to determine the presence and level of lead in water must be
187+ designed to maximize detection of lead in water and must prohibit
188+ sampling or testing methods that tend to mask lead contamination,
189+ including pre-stagnation flushing and removal of aerators prior to
190+ sampling.
191+ (b) The commission shall provide the technical guidance
192+ described by Subsection (a), a list of laboratories certified to
193+ conduct lead testing, and any other information the commission
194+ considers appropriate to each school district, open-enrollment
195+ charter school, private school, and child care facility.
196+ SECTION 3. (a) Not later than December 1, 2017, the Texas
197+ Commission on Environmental Quality shall order each public water
198+ system to replace all lead service lines at each public school,
199+ private school, and child care facility as required by Section
200+ 341.051(a), Health and Safety Code, as added by this Act.
201+ (b) Not later than September 1, 2020, each public water
202+ system shall fully replace lead service lines at all public
203+ schools, private schools, and child care facilities that it serves,
204+ as required by Section 341.051(a), Health and Safety Code, as added
205+ by this Act.
206+ (c) Not later than October 1, 2017, each public water system
207+ shall provide school districts, open-enrollment charter schools,
208+ private schools, and child care facilities that it serves with
104209 information relating to the location of lead service lines, as
105- required by Section 341.051, Health and Safety Code, as added by
210+ required by Section 341.051(b), Health and Safety Code, as added by
106211 this Act.
107- (b) Not later than November 1, 2017, each public school
108- shall inform the Texas Commission on Environmental Quality which
109- buildings are served by lead service lines as required by Section
110- 341.051, Health and Safety Code, as added by this Act.
111- (c) Not later than October 15, 2017, the Texas Commission on
212+ (d) Not later than November 1, 2017, each school district,
213+ open-enrollment charter school, private school, and child care
214+ facility shall inform the Texas Commission on Environmental Quality
215+ which buildings are served by lead service lines as required by
216+ Section 341.051(b), Health and Safety Code, as added by this Act.
217+ (e) Not later than March 1, 2018, each public school,
218+ private school, and child care facility shall adopt a plan of action
219+ to prevent elevated lead levels in all water used for drinking or
220+ cooking as required by Section 341.052(a), Health and Safety Code,
221+ as added by this Act.
222+ (f) Not later than March 1, 2019, each public school,
223+ private school, and child care facility shall install and maintain
224+ filters certified by the National Sanitation Foundation, as
225+ required by Section 341.052(a), Health and Safety Code, as added by
226+ this Act.
227+ (g) Not later than September 1, 2019, each public school,
228+ private school, and child care facility shall replace the items
229+ identified in the lead-bearing parts inventory, as required by
230+ Section 341.052(c), Health and Safety Code, as added by this Act.
231+ (h) Not later than December 1, 2017, each public school,
232+ private school, or child care facility shall perform an initial
233+ test of each drinking water outlet, as required by Section
234+ 341.053(a), Health and Safety Code, as added by this Act.
235+ (i) Not later than October 15, 2017, the Texas Commission on
112236 Environmental Quality shall post the technical guidance required by
113- Section 341.054, Health and Safety Code, as added by this Act, on
237+ Section 341.055, Health and Safety Code, as added by this Act, on
114238 the commission's Internet website.
115- SECTION 4. The Texas Commission on Environmental Quality is
116- required to implement Sections 341.053, 341.054, and 341.055,
117- Health and Safety Code, as added by this Act, only if the
118- legislature appropriates money specifically for those purposes. If
119- the legislature does not appropriate money specifically for those
120- purposes, the commission may, but is not required to, implement
121- those sections using other appropriations available to the
122- commission for those purposes.
123- SECTION 5. This Act takes effect immediately if it receives
239+ SECTION 4. This Act takes effect immediately if it receives
124240 a vote of two-thirds of all the members elected to each house, as
125241 provided by Section 39, Article III, Texas Constitution. If this
126242 Act does not receive the vote necessary for immediate effect, this
127243 Act takes effect September 1, 2017.
128- * * * * *