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SF 1946

as introduced - 90th Legislature (2017 - 2018) Posted on 03/09/2017 08:20am

KEY: stricken = removed, old language. underscored = added, new language.

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A bill for an act
relating to health; requiring drinking water lead-testing in schools and licensed
child care centers;proposing coding for new law in Minnesota Statutes, chapter
144.

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

Section 1.

[144.3841] TESTING FOR LEAD IN SCHOOL DRINKING WATER.

Subdivision 1.

Public policy.

Exposure to lead-contaminated drinking water in schools
poses serious health problems for children, teachers, and school personnel. The risk of
lead-contamination can come from pipe and plumbing fixtures in educational facilities as
well as the public water supply. Children are particularly susceptible to adverse effects from
lead, causing delays in normal physical and mental development and deficits in attention
span, hearing, and learning abilities. Therefore, the legislature finds that testing water for
lead in schools and licensed child care centers, not including family or group family day
care, is an important state responsibility for protecting children who spend a significant
amount of time in these facilities.

Subd. 2.

Identify lead hazard.

The commissioner of health, in consultation with the
commissioner of education, shall establish a program to identify in each public, nonpublic,
and charter school for kindergarten through grade 12 and licensed child care center, not
including family or group family day care, any lead service line or lead-bearing plumbing
that is a lead hazard. The commissioner of health shall require mitigation of those hazards
within a period of time determined by the commissioner after the hazard is identified. For
purposes of this section, "lead hazard" means a lead-bearing substance that poses an
immediate health hazard to humans.

Subd. 3.

Drinking water lead-testing program.

In order to ensure the health, safety,
and welfare of the children in this state, the commissioner of health, in consultation with
the commissioner of education, shall develop a drinking water lead-testing program to be
instituted at all public and nonpublic schools for kindergarten through grade 12, including
charter schools as well as licensed child care centers, not including family or group family
day care. The program shall have a drinking water lead sampling plan for schools to
implement when determining water lead levels. The initial testing of a school or day care
facility's water supply shall take place by September 1, 2018, and every ten years thereafter
to monitor and assess the quality of drinking water in school buildings and day care facilities.
The commissioner shall incorporate the standards and guidance from the United States
Environmental Protection Agency on how to reduce the risk of lead exposure in school
drinking water when developing the drinking water lead-testing program for this state. The
drinking water lead sampling plan must require that first-draw water samples are taken after
six hours of water outlet inactivity and the sample then tested for lead.

Subd. 4.

Rulemaking.

The commissioner of health shall adopt rules to implement the
provisions of this section using the expedited rulemaking process in section 14.389.

Subd. 5.

Notice.

If any sample exceeds the lead action level set by the commissioner,
the school or licensed child care center, not including family or group family day care, must
notify the parents or legal guardians of all enrolled students or children of the exceedance
and the water source outlet's location within the school or day care facility and direct them
to the United States Environmental Protection Agency's Web site for information about
lead in drinking water.

Subd. 6.

Report.

The school must make the results of testing available for review and
notify parents of the availability of the testing information.

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