Bill Text: TX SB1587 | 2017-2018 | 85th Legislature | Comm Sub


Bill Title: Relating to lead in drinking water at public schools.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2017-05-16 - Not again placed on intent calendar [SB1587 Detail]

Download: Texas-2017-SB1587-Comm_Sub.html
 
 
  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:  Rodríguez
 
 
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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