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HF 3265

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/28/2022 06:42pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education; modifying lead testing and remediation requirements in
schools; requiring a report; appropriating money; amending Minnesota Statutes
2020, section 121A.335.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 121A.335, is amended to read:


121A.335 LEAD IN SCHOOL DRINKING WATER.

Subdivision 1.

Model plan.

The commissioners of health and education shall jointly
develop a model plan to require school districts to accurately and efficiently test for the
presence of lead in water in public school buildings serving students in kindergarten through
grade 12. To the extent possible, the commissioners shall base the plan on the standards
established by the United States Environmental Protection Agency. The plan may be based
on the technical guidance in the Department of Health's document, "Reducing Lead in
Drinking Water: A Technical Guidance for Minnesota's School and Child Care Facilities."new text begin
The plan must include recommendations for remediation efforts when testing reveals the
presence of lead above five parts per billion.
new text end

Subd. 2.

School plans.

By July 1, 2018, the board of each school district or charter
school must adopt the commissioners' model plan or develop and adopt an alternative plan
to accurately and efficiently test for the presence of lead in water in school buildings serving
prekindergarten students and students in kindergarten through grade 12.

Subd. 3.

Frequency of testing.

(a) The plan under subdivision 2 must include a testing
schedule for every building serving prekindergarten through grade 12 students. The schedule
must require that each building be tested at least once every five years. A school district or
charter school must begin testing school buildings by July 1, 2018, and complete testing of
all buildings that serve students within five years.

(b) A school district or charter school that finds lead at a specific location providing
cooking or drinking water within a facility must formulate, make publicly available, and
implement a plan that is consistent with established guidelines and recommendations to
ensure that student exposure to lead is minimized. This includes, when a school district or
charter school finds the presence of lead deleted text beginat a level where action should be taken as set by
the guidance
deleted text endnew text begin above five parts per billionnew text end in any water source that can provide cooking or
drinking water, immediately shutting off the water source or making it unavailable until the
hazard has been minimized.

new text begin (c) A school district or charter school must test for the presence of lead after completing
remediation activities required under this section to confirm that the water contains lead at
a level less than five parts per billion.
new text end

Subd. 4.

Ten-year facilities plan.

A school district deleted text beginmaydeleted text endnew text begin mustnew text end include lead testing and
remediation as a part of its ten-year facilities plan under section 123B.595.

Subd. 5.

Reporting.

new text begin(a) new text endA school district or charter school that has tested its buildings
for the presence of lead shall make the results of the testing available to the public for review
and must notify parents of the availability of the information. School districts and charter
schools must follow the actions outlined in guidance from the commissioners of health and
education. If a test conducted under subdivision 3, paragraph (a), reveals the presence of
lead above deleted text begina level where action should be taken as set by the guidancedeleted text endnew text begin five parts per billionnew text end,
the school district or charter school must, within 30 days of receiving the test result, deleted text begineither
remediate the presence of lead to below the level set in guidance, verified by retest, or
deleted text end
directly notify parents new text beginand school staffnew text end of the test resultnew text begin, provide educational materials on
lead in drinking water, and share a plan for remediation. The school district or charter school
must provide parents and staff with quarterly updates on the remediation efforts until
remediation is complete
new text end. The school district or charter school must make the water source
unavailable until deleted text beginthe hazard has been minimizeddeleted text end new text begintesting shows the presence of lead does
not exceed five parts per billion
new text end.

new text begin (b) School districts and charter schools must report their test results to the commissioner
of health in the form and manner determined by the commissioner. If a test reveals the
presence of lead above five parts per billion, the school district or charter school must also
report its remediation efforts. The commissioner of health must post, and annually update,
the test results and remediation efforts on the department website, by school site.
new text end

new text begin Subd. 6. new text end

new text begin Commissioner recommendations. new text end

new text begin By January 1, 2025, and every five years
thereafter, the commissioner of health must report to the legislative committees having
jurisdiction over health and kindergarten through grade 12 education any recommended
changes to this section, including whether to change the level of lead that requires
remediation. The recommendations must be based on currently available scientific evidence
regarding the effects of lead in drinking water.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 2. new text beginAPPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Health. new text end

new text begin The sums indicated in this section are appropriated
from the general fund to the Department of Health in the fiscal years designated.
new text end

new text begin Subd. 2. new text end

new text begin Lead remediation in schools and child care settings. new text end

new text begin $0 in fiscal year 2022
and $4,108,000 in fiscal year 2023 are appropriated from the general fund for lead in drinking
water remediation in schools and child care settings grant program under Minnesota Statutes,
section 145.9271. Of the total fiscal year 2023 appropriation, $908,000 is for administration
and $3,200,000 is for grants. The general fund base for this appropriation is $3,080,000 in
fiscal year 2024, of which $740,000 is for administration and $2,340,000 is for grants; and
$3,082,000 in fiscal year 2025, of which $742,000 is for administration and $2,340,000 is
for grants.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end