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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