By: Garcia S.B. No. 1587
(In the Senate - Filed March 9, 2017; March 21, 2017, read
first time and referred to Committee on Agriculture, Water & Rural
Affairs; May 10, 2017, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 4, Nays 3;
May 10, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1587 By: RodrÃguez
A BILL TO BE ENTITLED
AN ACT
relating to lead in drinking water at public schools.
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) "Commission"[, "commission"] means the Texas
Commission on Environmental Quality.
(2) "Drinking water outlet" means any water fountain,
faucet, or tap regularly used for drinking or food preparation,
including ice-making and hot drink machines.
(3) "Elevated lead level" means a lead concentration
in drinking water that exceeds the actionable standard set by the
guidelines of the Environmental Protection Agency.
(4) "Executive director" means the executive director
of the commission.
(5) "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.
(6) "Public school" includes an open-enrollment
charter school as defined by Section 5.001, Education Code.
(7) "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. PUBLIC SCHOOL DRINKING WATER: LEAD SERVICE
LINE INFORMATION. A public water system shall provide each public
school that the public water system serves any information in its
possession relating to the location of lead service lines. Each
public school shall determine which of the school's buildings
receive drinking water through lead service lines and report the
information to the commission.
Sec. 341.052. PUBLIC SCHOOL DRINKING WATER: TESTING. A
public school may undertake periodic testing of the drinking water
outlets in each school building for the presence of lead. Each test
for lead, if conducted, must be conducted:
(1) by a laboratory certified for that purpose by the
executive director; and
(2) in accordance with:
(A) the sampling and testing methods specified by
the Environmental Protection Agency; and
(B) any applicable technical guidance issued by
the commission under Section 341.054.
Sec. 341.053. PUBLIC SCHOOL DRINKING WATER: TRANSPARENCY
AND PUBLIC RIGHT TO KNOW. (a) A public school that performs
testing under Section 341.052 shall:
(1) submit to the commission and the Texas Education
Agency a report that includes information on the testing,
including:
(A) the date the testing was completed;
(B) the location and type of each drinking water
outlet tested;
(C) the complete results of each test;
(D) any measures being taken to remediate a
drinking water outlet found to have an elevated lead level; and
(E) confirmation that the sampling and testing
were conducted in accordance with federal and state standards;
(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;
(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 any remediation activities.
(b) The commission shall adopt rules regarding the format
for the submission of information under Subsection (a).
Sec. 341.054. PUBLIC SCHOOL DRINKING WATER: TECHNICAL
GUIDANCE. The commission shall post technical guidance for lead
testing on the commission's Internet website, including:
(1) information relating to:
(A) the implementation of the federal Lead
Contamination Control Act of 1988 in this state;
(B) the implementation of the Environmental
Protection Agency's technical guidance for reducing lead in
drinking water in schools; and
(C) testing and sampling protocols;
(2) a list of laboratories certified to conduct lead
testing; and
(3) resources for best practices for remediation.
Sec. 341.055. PUBLIC SCHOOL DRINKING WATER: COMMISSION
BIENNIAL REPORT. Not later than December 1 of each even-numbered
year, the executive director shall submit to the governor, the
lieutenant governor, the speaker of the house of representatives,
and each member of the legislature a report that includes a summary
of the information submitted under Section 341.053(a) in the
preceding two-year period.
SECTION 3. (a) Not later than October 1, 2017, each public
water system shall provide public schools that it serves with
information relating to the location of lead service lines, as
required by Section 341.051, Health and Safety Code, as added by
this Act.
(b) Not later than November 1, 2017, each public school
shall inform the Texas Commission on Environmental Quality which
buildings are served by lead service lines as required by Section
341.051, Health and Safety Code, as added by this Act.
(c) Not later than October 15, 2017, the Texas Commission on
Environmental Quality shall post the technical guidance required by
Section 341.054, Health and Safety Code, as added by this Act, on
the commission's Internet website.
SECTION 4. The Texas Commission on Environmental Quality is
required to implement Sections 341.053, 341.054, and 341.055,
Health and Safety Code, as added by this Act, only if the
legislature appropriates money specifically for those purposes. If
the legislature does not appropriate money specifically for those
purposes, the commission may, but is not required to, implement
those sections using other appropriations available to the
commission for those purposes.
SECTION 5. 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.
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