HF 5355

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/11/2024 02:51pm

A bill for an act
relating to education; modifying lead in school drinking water requirements;
establishing an account in the special revenue fund; appropriating money; amending
Minnesota Statutes 2023 Supplement, section 121A.335, subdivisions 1, 2, 3, 5,
by adding subdivisions; repealing Minnesota Statutes 2023 Supplement, section
121A.335, subdivision 6.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 121A.335, subdivision 1, is
amended to read:

Subdivision 1.

Model plan.

new text begin (a) new text end The commissioners of health and education shall jointly
develop a model plan to require school districts to deleted text begin accurately and efficiently test for deleted text end new text begin develop
a drinking water management plan for reducing new text end the presence of lead in water in public
school buildings serving students in kindergarten through grade 12 new text begin and serving children in
child care facilities new text end . 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." The plan must include recommendations for remediation efforts when testing
reveals the presence of lead at or above five parts per billion.

new text begin (b) By August 1, 2025, the commissioners of health and education must revise the model
plan to include the following:
new text end

new text begin (1) the location of each water outlet, specifying one of the following three categories:
new text end

new text begin (i) the location where a water outlet will be maintained to deliver water for human
consumption, whether as drinking water or as a component of a food or beverage, specifying
one of the following two categories:
new text end

new text begin (A) the location where a filtered bottle-filling station will be maintained. The plan must
provide for the maintenance of at least one filtered bottle-filling station for every 75 occupants
of the school, not including visitors or individuals attending special events; or
new text end

new text begin (B) the location where a filtered faucet will be maintained. The plan may provide for
the maintenance of filtered faucets only when the installation of a filtered bottle-filling
station is not feasible but a water outlet for human consumption is necessary, including but
not limited to kitchens, nurses' stations, preschool classrooms, and teachers' lounges;
new text end

new text begin (ii) the location where a water outlet will be maintained for purposes other than as
described in clause (i); and
new text end

new text begin (iii) the location where a water outlet will be shut off or rendered permanently inoperable;
new text end

new text begin (2) an established schedule for when each of the following will occur:
new text end

new text begin (i) annual water sampling and testing of the filtered water at each filtered bottle-filling
station and filtered faucet in the school to ensure that the filters are properly installed and
each location provides water with a lead concentration of not more than five parts per billion;
and
new text end

new text begin (ii) regular replacement of the filter cartridge for each filtered bottle-filling station and
filtered faucet in compliance with the manufacturer instructions or recommendations of the
commissioners;
new text end

new text begin (3) a requirement that water sampling and testing must be conducted by drawing from
all of the bubbler fixtures of the filtered bottle-filling stations and filtered faucets, and by
collecting the water in 250 milliliter bottles after at least an eight-hour stagnation period
and before any water use occurs at the school; and
new text end

new text begin (4) a requirement that if the testing of filtered water at a filtered bottle-filling station or
filtered faucet indicates the presence of lead at a concentration of at least one part per billion
but not more than five parts per billion, the district or charter school must:
new text end

new text begin (i) immediately check the status of the filter or filters at the filtered bottle-filling station
or filtered faucet and replace the filter cartridge if the status light indicates that replacement
is or will soon be required;
new text end

new text begin (ii) ensure the filtered bottle-filling station or filtered faucet is properly installed;
new text end

new text begin (iii) resample and retest the filtered water; and
new text end

new text begin (iv) if the water sampling and testing indicates the presence of lead at a concentration
of at least one part per billion but not more than five parts per billion, send to the Department
of Education and the Department of Health a copy of the test results and documentation of
the make and model of the filtered bottle-filling station or filtered faucet and filter cartridge,
and consult with the Department of Education and the Department of Health and filtered
bottle-filling station or filtered faucet manufacturer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 121A.335, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the
meanings given.
new text end

new text begin (b) "Filtered bottle-filling station" or "station" means an apparatus that meets all of the
following requirements:
new text end

new text begin (1) is connected to customer site piping;
new text end

new text begin (2) filters water and is certified to meet NSF/ANSI standard 53 for lead reduction and
NSF/ANSI standard 42 for particulate removal;
new text end

new text begin (3) has a flow rate through the station that is paired to the specified flow rate of the filter
cartridge;
new text end

new text begin (4) has a light or other device to indicate filter cartridge replacement status;
new text end

new text begin (5) is designed to fill drinking bottles or other containers for personal water consumption;
and
new text end

new text begin (6) includes a drinking fountain.
new text end

new text begin (c) "Filtered faucet" means a faucet that at the point of use includes a filter that is certified
to meet NSF/ANSI standard 53 for lead reduction and NSF/ANSI standard 42 for particulate
removal.
new text end

new text begin (d) By October 1, 2025, a school must not install a drinking fountain, unless the drinking
fountain is a filtered bottle-filling station.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 121A.335, subdivision 2, is amended
to read:

Subd. 2.

School plans.

(a) 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.

(b) By July 1, 2024, a school district or charter school must revise its plan to include its
policies and procedures for ensuring consistent water quality throughout the district's or
charter school's facilities. The plan must document the routine water management strategies
and procedures used in each building or facility to maintain water quality and reduce exposure
to lead. A district or charter school must base the plan on the United States Environmental
Protection Agency's "Ensuring Drinking Water Quality in Schools During and After Extended
Closures" fact sheet and the United States Environmental Protection Agency's "3Ts Toolkit
for Reducing Lead in Drinking Water in Schools and Child Care Facilities" manual. A
district or charter school's plan must be publicly available upon request.

new text begin (c) By July 1, 2026, a school district or charter school must revise its plan to include
changes to the model plan under subdivision 1, paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 4.

Minnesota Statutes 2023 Supplement, section 121A.335, subdivision 3, is amended
to read:

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.

new text begin (b) By July 1, 2026, each school district or charter school must establish a schedule for
when each of the following will occur:
new text end

new text begin (1) annual water sampling and testing of the filtered water at each filtered bottle-filling
station and filtered faucet in the school to ensure that the filters are properly installed and
each location provides water with a lead concentration of not more than five parts per billion;
and
new text end

new text begin (2) regular replacement of the filter cartridge for each filtered bottle-filling station and
filtered faucet in compliance with the manufacturer instructions or recommendations of the
commissioners.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end 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 reduced to below five parts per billion as verified by
a retest. This includes, when a school district or charter school finds the presence of lead at
or above five parts per billion in any water fixture that can provide cooking or drinking
water, immediately shutting off the water fixture or making it unavailable until the hazard
has been remediated as verified by a retest. new text begin A district or charter school must post a
conspicuous sign near a water fixture made unavailable stating the water outlet is inoperable
because of high lead concentration, and must maintain the sign until the water fixture is
returned to service.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end 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 below five parts per billion.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 5.

Minnesota Statutes 2023 Supplement, section 121A.335, subdivision 5, is amended
to read:

Subd. 5.

Reporting.

(a) A school district or charter school must send parents an annual
notice that includes the district's or charter school's annual testing and remediation plan,
information about how to find test results, and a description of remediation efforts on the
district website. The district or charter school must update the lead testing and remediation
information on its website at least annually. In addition to the annual notice, the district or
charter school must include in an official school handbook or official school policy guide
information on how parents may find the test results and a description of remediation efforts
on the district or charter school website and how often this information is updated.

(b) If a test conducted under subdivision 3, paragraph (a), reveals the presence of lead
at or above five parts per billion, the school district or charter school must, within 30 days
of receiving the test result, deleted text begin either deleted text end remediate the presence of lead to below five parts per
billion, verified by retest, deleted text begin or deleted text end new text begin and new text end directly notify parents of the test result. new text begin The notice must
contain information provided by the Department of Health on the health effects of lead
exposure and ways to reduce childhood lead exposure.
new text end

(c) Starting July 1, 2024, school districts and charter schools must report their test results
and remediation activities to the commissioner of health in the form and manner determined
by the commissioner in consultation with school districts and charter schools, by July 1 of
each year. The commissioner of health must post and annually update the test results and
remediation efforts on the department website by school site.

(d) A district or charter school must maintain a record of lead testing results and
remediation activities for at least 15 years.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 6.

Minnesota Statutes 2023 Supplement, section 121A.335, is amended by adding a
subdivision to read:

new text begin Subd. 8. new text end

new text begin Facilities requirements. new text end

new text begin (a) By October 1, 2025, a district or charter school
must not install a drinking fountain, unless the drinking fountain is a filtered bottle-filling
station.
new text end

new text begin (b) By the end of the 2026-2027 school year, each district or charter school must:
new text end

new text begin (1) install all filtered bottle-filling stations and filtered faucets as indicated in the plan
and not already in existence;
new text end

new text begin (2) shut off or render permanently inoperable any water outlet providing water for human
consumption that is not a filtered bottle-filling station or filtered faucet; and
new text end

new text begin (3) post a conspicuous sign near each water outlet indicating whether or not the outlet
is intended to provide water for human consumption.
new text end

new text begin (c) By the end of the 2026-2027 school year and annually thereafter, a district or charter
school must submit to the commissioner of education documentation, in the form and in a
manner determined by the commissioner, that certifies that the district or charter school has
complied with the requirements of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 7.

Minnesota Statutes 2023 Supplement, section 121A.335, is amended by adding a
subdivision to read:

new text begin Subd. 9. new text end

new text begin Clean drinking water account. new text end

new text begin (a) An account is established in the special
revenue fund known as the clean drinking water account. Money in the account is annually
appropriated with an initial funding amount of $55,000,000 to the commissioner of health
to create and operate a program to assist school districts, charter schools, nonpublic schools,
and licensed child care centers with the following:
new text end

new text begin (1) the first time acquisition and installation of filtered bottle-filling stations and filtered
faucets, in compliance with this section;
new text end

new text begin (2) maintenance of filtered bottle-filling stations and filtered faucets, including
replacement of filter cartridges, in compliance with the plan; and
new text end

new text begin (3) costs associated with water sampling and testing.
new text end

new text begin (b) The commissioner of health may award grants to school districts, charter schools,
and licensed child care centers.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 8.

Minnesota Statutes 2023 Supplement, section 121A.335, is amended by adding a
subdivision to read:

new text begin Subd. 10. new text end

new text begin Nonpublic schools. new text end

new text begin A nonpublic school, excluding a home school, must:
new text end

new text begin (1) test for the presence of lead in water in school buildings serving students in
kindergarten through grade 12;
new text end

new text begin (2) revise its water management plan to include changes to the model plan under the
requirements of subdivision 1, paragraph (b); and
new text end

new text begin (3) comply with the requirements under subdivision 8.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 9. new text begin APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sum indicated in this section is
appropriated from the general fund to the Department of Education in the fiscal year
designated.
new text end

new text begin Subd. 2. new text end

new text begin Clean drinking water account. new text end

new text begin (a) For transfer to the clean drinking water
account:
new text end

new text begin $ new text end

new text begin 55,000,000 new text end

new text begin ..... new text end

new text begin 2025 new text end

new text begin (b) This is a onetime appropriation.
new text end

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2023 Supplement, section 121A.335, subdivision 6, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-07945

121A.335 LEAD IN SCHOOL DRINKING WATER.

Subd. 6.

Public water systems.

(a) A district or charter school is not financially responsible for remediation of documented elevated lead levels in drinking water caused by the presence of lead infrastructure owned by a public water supply utility providing water to the school facility, such as lead service lines, meters, galvanized service lines downstream of lead, or lead connectors. The district or charter school must communicate with the public water system regarding its documented significant contribution to lead contamination in school drinking water and request from the public water system a plan for reducing the lead contamination.

(b) If the infrastructure is jointly owned by a district or charter school and a public water supply utility, the district or charter school must attempt to coordinate any needed replacements of lead service lines with the public water supply utility.

(c) A district or charter school may defer its remediation activities under this section until after the elevated lead level in the public water system's infrastructure is remediated and postremediation testing does not detect an elevated lead level in the drinking water that passes through that infrastructure. A district or charter school may also defer its remediation activities if the public water supply exceeds the federal Safe Drinking Water Act lead action level or is in violation of the Safe Drinking Water Act Lead and Copper Rule.