PROTECT NC CHILDREN FROM LEAD EXPOSURE.

View NCGA Bill Details2017-2018 Session
House Bill 825 (Public) Filed Tuesday, April 11, 2017
AN ACT TO REQUIRE CERTAIN PUBLIC SCHOOLS AND CHILD CARE FACILITIES IN NORTH CAROLINA TO TEST DRINKING WATER FOR THE PRESENCE OF LEAD.
Intro. by Warren, Faircloth, Horn, Boswell.

Status: Re-ref to the Com on Health, if favorable, Education - K-12 (House Action) (Jun 15 2017)
H 825

Bill Summaries:

  • Summary date: Apr 13 2017 - More information

    Contains whereas clauses.

    Enacts new GS Chapter 130A, Article 10A (Protect North Carolina's Children From Lead Exposure Act) as follows.

    New GS 130A-332.2 defines 10 terms as they are used in the Article.

    New GS 130A-332.3 requires water suppliers to test drinking water for the presence of lead at drinking water outlets in each school or child care facility to which the supplier provides treated drinking water, except where the school or child care facility is itself the supplier of water and already subject to monitoring for lead under GS Chapter 130A, Article 10. Requires the labs performing the test to be certified to analyze for lead by the North Carolina State Laboratory for Public Health.

    New GS 130A-332.4 requires suppliers to use the US Environmental Protection Agency's (EPA's) "3Ts" technical guidance (as defined) to establish water sampling collection criteria and protocols.

    New GS 130A-332.5 requires suppliers under new GS 130A-332.3 to prepare and submit a drinking water sampling, collection, and analysis plan to the Department of Environmental Quality (DEQ) at least 90 days prior to the date on which the supplier implements the plan. Provides requirements for the contents of the plan. Requires suppliers to perform two rounds of a minimum of five first-draw samples to be collected and analyzed at each school and child care facility, in locations as specified (selected considering amount and frequency of use, and locations to which children are exposed, and requiring tests from certain locations in each facility), according to a specified timetable based on when the school or child care facility was constructed. Requires a minimum of 30 days between the dates of the first and second rounds of samplings. Authorizes schools or child care facilities whose first round of sampling shows elevated lead levels, who are undertaking corrective actions, to submit a written request to the DEQ for a deferral for the second round of sampling until the corrective actions are completed. Requires the supplier to conduct flush testing in accordance with the 3Ts technical guidance for any school or child care facility that reveals a drinking water outlet with elevated lead levels. Provides that suppliers are not responsible or liable for correcting or resolving any drinking water or drinking water infrastructure with lead concentration above the lead trigger level within the premises or on the property of a school or child care center. Provides that samples under this statute may not be used for calculations required by the federal Lead and Copper Rule (as defined) unless they meet the site and sample requirements in that Rule. If a lead action level exceedance pursuant to the federal Lead and Copper Rule occurs, then the supplier must sample and analyze drinking water from drinking water outlets in all schools and child care facilities within the service area of the supplier, notify the schools and child care facilities of the results of the sampling and analysis, and comply with any additional requirements as deemed necessary to protect public health by either the DEQ or the Division of Public Health (Division). Requires the supplier to provide certification of the delivery of all monitoring results to each school and child care facility to the DEQ.

    New GS 130A-332.6 directs the certified laboratory to report the test results of the drinking water samples to the water supplier, the DEQ, and to each school or child care facility within five business days of completing the analysis, and if the results show elevated lead levels, to the Division and the DEQ within 48 hours of analysis.

    New GS 130A-332.7 requires schools and child care facilities, upon receipt of test results, to notify teachers, other school or facility personnel, and the parents or guardians of children attending the school or child care facility, of the results of the sampling and analysis within 10 days if the lead concentration is at or below the lead trigger level, or within 48 hours if the lead concentration is above lead trigger level. Provides requirements for the method and contents of both types of notification.

    New GS 130A-332.8 requires schools and child care facilities with drinking water outlets revealing an elevated lead level to (1) immediately restrict access to any such drinking water outlet and similar drinking water outlets on the same wing or floor of the building; (2) immediately take remedial action to ensure that all students and children have access to free, fresh, clean drinking water in the school or facility, and are not exposed to drinking water with elevated lead levels, until the drinking water is further analyzed and lead levels are found to be below the trigger level, and the Division determines and provides written documentation to the school or child care facility, the Department of Public Instruction (DPI), or the Division of Child Development and Early Education that the elevated lead levels have been mitigated and the drinking water is safe for human consumption; and (3) with the assistance of the Division, DEQ, DPI, and Division of Child Development and Early Education, determine the source of lead and identify necessary corrective action to address the lead contamination.

    New GS 130A-332.9 directs the Division, in consultation with DEQ, DPI, and the Division of Child Development and Early Education, to report to the chairs of the House Appropriations Committees on Education, Health and Human Services, and Natural and Economic Resources; the chairs of the Senate Appropriations Committees on Education/Higher Education, Health and Human Services, and Natural and Economic Resources; and the Fiscal Research Division on the implementation of this Article and the results of sampling and analysis, annually by May 1, beginning in 2019. Provides requirements for the contents of the report.

    New GS 130A-332.10 authorizes DEQ to enforce the requirements of this Article applicable to water suppliers, and authorizes the Department of Health and Human Services (DHHS) to enforce the requirements of this Article applicable to certified laboratories, schools, and child care facilities, as specified.

    New GS 130A-332.11 authorizes the Commission for Public Health to adopt rules to implement this Article.

    Amends GS 115C-12 to direct the State Board of Education to adopt rules to implement the requirements of new GS Chapter 130A, Article 10A.

    Requires the Commission, if it adopts rules under new GS 130A-332.11, to make those rules substantively identical to new GS Chapter 130A, Article 10A. Authorizes the Commission to make organizational changes to its rules. Exempts rules under this statute from listed statutes within the Administrative Procedure Act, and provides that these rules become effective as though 10 or more written objections had been received.

    Directs DEQ and the Division to develop and provide specific EPA documents and general guidance on water line flushing, and any other appropriate information, to DPI and the Division of Child Development and Early Education by July 1, 2017.

    Directs DPI and the Division of Child Development and Early Education to distribute the information provided to each school and child care facility by August 1, 2017.

    Authorizes a supplier to charge an additional fee to any school or child care facility for which the supplier performs sampling, analysis, and reporting under new GS Chapter 130A, Article 10A. Requires those fees to be itemized on the billing statement, and to reflect actual costs.

    Amends GS 130A-22(b) to authorize the Secretary of Environmental Quality to impose an administrative penalty of up to $25,000 per day on water suppliers violating requirements of new GS Chapter 130A, Article 10A.

    Enacts new GS 115C-532.1 to Require local boards of education to provide for the sampling of the widest variety of drinking water outlets and locations in a proposed site or property to be used as a schoolhouse or other school facility. Provides requirements for sample locations. Directs the local board of education to sample, analyze, and report the results in accordance with new GS Chapter 130A, Article 10A.

    Amends GS 115C-218.1 to require charter school applications to include documentation of drinking water sampling and analysis as under GS 115C-218.35(e) and new GS chapter 130A, Article 10A.

    Amends GS 115C-218.35 to require charter schools that change location to sample the widest variety of drinking water outlets and locations in the proposed location or space. Provides requirements for sample locations.

    Amends GS 115C-218.5 to prohibit the State Board of Education from granting final approval of a charter school application if it finds that the drinking water in the location or space intended for the school reveals lead in concentrations above the lead trigger level. Provides for the applicant to implement necessary corrective action to remove the source of lead.

    Amends GS 115C-218.6 to prohibit the State Board of Education from renewing a charter for a school that elects to move to a new location or space without conducting the required sampling, analysis, and reporting.

    Makes technical and conforming changes.


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