Bill Text: NJ S1355 | 2018-2019 | Regular Session | Introduced
Bill Title: Requires public and nonpublic schools to test for and remediate lead in drinking water, and disclose test results.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-01 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S1355 Detail]
Download: New_Jersey-2018-S1355-Introduced.html
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
SYNOPSIS
Requires public and nonpublic schools to test for and remediate lead in drinking water, and disclose test results.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning lead in drinking water at public and nonpublic schools and supplementing Title 18A of the New Jersey Statutes and Title 58 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in sections 1 through 4 of P.L. , c. (C. ) (pending before the Legislature as this bill):
"Commissioner" means the Commissioner of Environmental Protection.
"Department" means the Department of Environmental Protection.
"Drinking water outlet" means any water fountain, faucet, or tap regularly used for drinking or food preparation, including ice-making and hot drink machines.
"Elevated lead level" means a lead concentration in drinking water that exceeds the standard therefor established by the United States Environmental Protection Agency or the department in the technical guidance.
"Local health agency" means the same as that term is defined in section 3 of P.L.1975, c.329 (C.26:3A2-3).
"Public water system" means the same as that term is defined in section 3 of P.L.1977, c.224 (C.58:12A-3).
"Technical guidance" means any technical guidance for reducing lead in drinking water at schools issued by the United States Environmental Protection Agency, or by the department pursuant to subsection b. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).
2. a. Each school district, charter school, and nonpublic school shall undertake periodic testing of each drinking water outlet in each school for the presence of lead. Each test for lead shall be conducted by a laboratory certified for this purpose by the commissioner, in accordance with the sampling and testing methods specified in the technical guidance. The initial test for lead shall be conducted no later than 90 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and subsequent testing shall be conducted every five years thereafter, unless the commissioner determines, on a case-by-case basis, that a greater or lesser frequency of testing is necessary or sufficient to ensure the public health.
b. The commissioner may, upon application by a school district, charter school, or nonpublic school, as the case may be, exempt a school from the requirement to conduct initial testing if the school demonstrates that it has conducted testing that substantially complies with the technical guidance within two years prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and any drinking water outlet that was found to have an elevated lead level has either been removed from service or has been remediated.
c. A school district, charter school, or nonpublic school may seek the assistance of a local health agency or public water system to help ensure the school's compliance with the provisions of this section.
d. Nothing in this section shall prevent a school district, charter school, or nonpublic school from conducting more frequent testing than required pursuant to subsection a. of this section.
e. A school district, charter school, or nonpublic school that is a public water system and that meets the standards for lead in drinking water adopted by the department shall not be required to comply with the provisions of this section.
3. If testing conducted pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) reveals an elevated lead level at a drinking water outlet, the school district, charter school, or nonpublic school shall immediately close off access to that outlet and report the test results to the department. The school district, charter school, or nonpublic school, in consultation with the department, shall conduct follow-up testing, as provided in the technical guidance, to determine the source of the lead, and take appropriate remedial measures to ensure that students are not exposed to water with an elevated lead level and have access to free, fresh, and clean drinking water at the school. Such remedial measures may include, but need not be limited to: permanently shutting or closing off access to the drinking water outlet; providing an alternative source of water; manual or automatic flushing of the drinking water outlet; installing and maintaining a filter at the drinking water outlet; and repairing or replacing the drinking water outlet, plumbing, or service line contributing to the elevated lead level.
4. a. Each school district, charter school, and nonpublic school shall:
(1) submit to the Department of Environmental Protection, the Department of Education, and the Department of Health, as soon as practicable, information on testing activities conducted pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), including, but not limited to, the date the testing was completed, the location and type of each drinking water outlet tested, the complete results of each test, and any measures being taken pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) to remediate a drinking water outlet found to have an elevated lead level;
(2) maintain copies of the information submitted pursuant to paragraph (1) of this subsection in a suitable location for inspection by the public, and on the Internet website of the school district, charter school, or nonpublic school;
(3) notify parent, teacher, and employee organizations of the availability of the information submitted pursuant to paragraph (1) of this subsection; and
(4) designate a person to serve as the contact person for communications with the department and the public regarding the lead testing and remediation activities.
b. If testing conducted pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) reveals an elevated lead level at a drinking water outlet, the school district, charter school, or nonpublic school shall, within one business day, notify teachers, other school personnel, and parents directly, through written notice, electronic mail, or other means approved by the department. Such notification shall include, but need not be limited to:
(1) a summary of the results of the testing conducted pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), and information on the availability of the complete test results for public inspection at a suitable location and on the Internet website of the school district, charter school, or nonpublic school;
(2) a description of any remedial measures being taken pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(3) general information on the public health effects and risks posed by lead in drinking water, and information on the availability of additional resources concerning lead in drinking water, as outlined in the technical guidance;
(4) the name and contact information of the person designated pursuant to paragraph (4) of subsection a. of this section to communicate with the public; and
(5) if determined necessary by the department, information on how and where individuals may seek blood testing for lead.
5. The Department of Environmental Protection, in consultation with the Department of Education, shall, within 30 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), provide to each school district, charter school, and nonpublic school, the technical guidance for reducing lead in drinking water at schools issued by the United States Environmental Protection Agency, a summary of the sampling and testing methods contained in the technical guidance, a list of each laboratory in the State certified to conduct lead testing, and any other information deemed appropriate by the department.
6. a. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, the Department of Environmental Protection, in consultation with the Department of Education and the Department of Health, may adopt, after notice, interim rules and regulations necessary to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill). The rules and regulations shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and may, thereafter, be amended, adopted, or readopted by the department in accordance with the provisions of the "Administrative Procedure Act."
b. The department may issue its own technical guidance, provided the guidance is at least as protective of the public health as the technical guidance for reducing lead in drinking water at schools issued by the United States Environmental Protection Agency.
7. This act shall take effect immediately.
STATEMENT
This bill would require public and nonpublic schools to test for and remediate lead in drinking water, and disclose their test results.
Specifically, under the bill, each school district, charter school, and nonpublic school would be required to undertake periodic testing of each drinking water outlet in each school for the presence of lead. The tests would be conducted by a certified laboratory in accordance with the sampling and testing methods specified in the United States Environmental Protection Agency's (EPA) technical guidance for reducing lead in drinking water at schools, or more protective guidance issued by the Department of Environmental Protection (DEP). The initial tests would be conducted no later than 90 days after the effective date of the bill, and subsequent tests would be conducted every five years thereafter, unless the DEP determines, on a case-by-case basis, that more or less frequent testing is necessary or sufficient to protect the public health.
A school district, charter school, or nonpublic school may obtain an exemption from the requirement to conduct initial testing if it demonstrates to the DEP that it has conducted testing that substantially complies with the technical guidance within two years prior to the effective date of the bill, and any drinking water outlet that was found to have an elevated lead level has either been removed from service or remediated. Under the bill, a school district, charter school, or nonpublic school may seek the assistance of a local health agency or public water system to help ensure compliance with the bill. Nothing in the bill would prevent a school district, charter school, or nonpublic school from conducting more frequent testing than required by the bill. The testing requirements would not apply to a school district, charter school, or nonpublic school that is considered a public water system under federal law and meets the applicable standards for lead in drinking water.
If testing conducted pursuant to the bill reveals an elevated lead level at a drinking water outlet, the school district, charter school, or nonpublic school would be required to immediately close off access to that outlet and report the test results to the DEP. The school district, charter school, or nonpublic school, in consultation with the DEP, would be required to conduct follow-up testing to determine the source of the lead, and take appropriate remedial measures to ensure that students are not exposed to water with an elevated lead level and have access to free, fresh, and clean drinking water. Remedial measures may include permanently shutting or closing off access to the drinking water outlet, providing an alternative source of water, manual or automatic flushing, installing and maintaining a filter, and replacing outlets, plumbing, or service lines contributing to the elevated lead level.
Under the bill, each school district, charter school, and nonpublic school would be required to submit to the DEP, the Department of Education, and the Department of Health information on its testing activities, including the date the testing was completed, the location and type of each drinking water outlet tested, the results of each test, and any measures being taken to remediate a drinking water outlet found to have an elevated lead level. School districts, charter schools, and nonpublic schools would be required to maintain copies of this information in a suitable location and on their Internet websites, and notify relevant parent, teacher, and employee organizations of the availability of the information. School districts, charter schools, and nonpublic schools would also be required to designate a person to serve as the contact person for communications with the DEP and the public. If test results reveal an elevated lead level at a drinking water outlet, the school would be required to immediately notify teachers, other school personnel, and parents directly.
The bill would require the DEP, within 30 days after the effective date of the bill, to provide to each school district, charter school, and nonpublic school with the EPA's technical guidance for reducing lead in drinking water at schools, a summary of the sampling and testing methods contained in the technical guidance, a list of each laboratory in the State certified to conduct lead testing, and any other information the DEP deems relevant.
