PRINTER'S NO. 4175
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2694
Session of
2018
INTRODUCED BY DEAN, STEPHENS, J. McNEILL, DALEY, SCHWEYER,
DeLUCA AND BRADFORD, OCTOBER 5, 2018
REFERRED TO COMMITTEE ON EDUCATION, OCTOBER 5, 2018
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in grounds and buildings, providing
for perfluorooctane sulfonic acid (PFOS) and
perfluorooctanoic acid (PFOA) testing; and, in charter
schools, further providing for provisions applicable to
charter schools.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 743. Perfluorooctane Sulfonic Acid (PFOS) and
Perfluorooctanoic Acid (PFOA) Testing.--(a) Prior to the start
of each school year, drinking water, paint, dust and soil at
every school building of a school district shall be tested by
the school district for PFOS and PFOA levels. If the school
district finds levels of PFOS AND PFOA in excess of the levels
under subsection (c) at at a school building of the school
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district, the school district shall immediately implement a plan
to ensure no child or adult is exposed to PFOS and PFOA
contamination and that alternative sources of drinking water are
made available.
(b) A school building that has drinking water testing at
PFOS and PFOA levels higher than the levels under subsection (c)
shall be retested by the school district monthly until the PFOS
and PFOA levels test below the levels under subsection (c).
(c) (1) The PFOS and PFOA levels in drinking water in a
school building each may not exceed five parts per trillion.
(2) The PFOS and PFOA levels in paint, dust and soil each
may not exceed five parts per trillion.
(d) If the testing under subsection (a) results in PFOS and
PFOA levels in excess of the levels under subsection (c), the
school district shall, within 30 days, submit a remediation plan
to the Department of Education and the Department of
Environmental Protection. The plan shall include a timeline to
remediate, abate or replace any PFOS-contaminated and PFOA-
contaminated water sources, removing, abating or repainting
PFOS-contaminated and PFOA-contaminated paint and soil removal
and a timeline in which the remediation or abatement will be
completed.
(e) The Department of Environmental Protection shall work
with the school district to approve and oversee the
implementation of the remediation plan. If a school district
fails to implement the remediation plan, the Department of
Environmental Protection, in consultation with the Department of
Education, shall work with the school to implement the
remediation plan.
(f) The PFOS and PFOA levels of a test under subsection (a)
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or (b) in excess of the levels under subsection (c) shall be
reported in writing to the Department of Education and shall be
sent by mail or electronically to the parents and legal
guardians of students enrolled in the school building. The
Department of Education and school district shall post the PFOS
and PFOA level results for each school building on their
publicly accessible Internet websites.
(g) For the purposes of this section:
(1) "PFOA" means perfluorooctanoic acid.
(2) "PFOS" means perfluorooctane sulfonic acid.
(3) "School building" does not include an administrative or
maintenance building.
Section 2. Section 1732-A(a) of the act is amended to read:
Section 1732-A. Provisions Applicable to Charter Schools.--
(a) Charter schools shall be subject to the following:
Sections 108, 110, 111, 321, 325, 326, 327, 431, 436, 443,
510, 518, 527, 708, 736, 737, 738, 739, 740, 741, 743, 752, 753,
755, 771, 776, 777, 808, 809, 810, 1109, 1111, 1112(a), 1301,
1310, 1317, 1317.1, 1317.2, 1318, 1326, 1327, 1327.2, 1329,
1330, 1332, 1333, 1333.1, 1333.2, 1333.3, 1303-A, 1513, 1517,
1518, 1521, 1523, 1531, 1547, 2014-A, Article XIII-A and Article
XIV.
Act of July 17, 1961 (P.L.776, No.341), known as the
"Pennsylvania Fair Educational Opportunities Act."
Act of July 19, 1965 (P.L.215, No.116), entitled "An act
providing for the use of eye protective devices by persons
engaged in hazardous activities or exposed to known dangers in
schools, colleges and universities."
Section 4 of the act of January 25, 1966 (1965 P.L.1546,
No.541), entitled "An act providing scholarships and providing
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funds to secure Federal funds for qualified students of the
Commonwealth of Pennsylvania who need financial assistance to
attend postsecondary institutions of higher learning, making an
appropriation, and providing for the administration of this
act."
Act of July 12, 1972 (P.L.765, No.181), entitled "An act
relating to drugs and alcohol and their abuse, providing for
projects and programs and grants to educational agencies, other
public or private agencies, institutions or organizations."
Act of December 15, 1986 (P.L.1595, No.175), known as the
"Antihazing Law."
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Section 3. This act shall take effect immediately.
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