PRINTER'S NO. 426
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
465
Session of
2021
INTRODUCED BY BOBACK, HAMM, RYAN, HILL-EVANS, SCHLOSSBERG,
MIZGORSKI, JAMES, DRISCOLL, McNEILL, HOWARD, MILLARD,
SCHLEGEL CULVER, PISCIOTTANO, CIRESI, SANCHEZ, HELM, CONKLIN,
THOMAS, R. MACKENZIE, A. DAVIS, OTTEN, QUINN, M. MACKENZIE,
WARREN AND POLINCHOCK, FEBRUARY 9, 2021
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 9, 2021
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, repealing
provisions relating to lead testing and providing for testing
and remediation of lead contamination.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 742 of the act of March 10, 1949 (P.L.30,
No.14), known as the Public School Code of 1949, is repealed:
[Section 742. Lead Testing.--(a) Beginning in the 2018-2019
school year, and every school year thereafter, school facilities
where children attend school may be tested for lead levels in
the drinking water and any school facility whose testing shows
lead levels in excess of the maximum contaminant level goal or
milligrams per liter as set by the United States Environmental
Protection Agency's National Primary Drinking Water Regulations
shall immediately implement a plan to ensure no child or adult
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is exposed to lead contamination drinking water and that
alternative sources of drinking water are made available.
(b) If a school entity does not test lead levels under
paragraph (a) the school entity shall, at a public meeting,
discuss lead issues in the school facilities.
(c) If a test of lead levels under subsection (a) is
elevated, the level shall be reported to the Department of
Education and posted on the department's publicly accessible
Internet website.]
Section 2. The act is amended by adding a section to read:
Section 743. Testing and Remediation of Lead
Contamination.--(a) No later than June 30, 2022, and each year
thereafter, in accordance with the rules and regulations
established by the Department of Environmental Protection under
subsection (c), a school shall:
(1) Conduct testing within the school of all water outlets
used for drinking and cooking to determine if there is lead
contamination.
(2) Remediate any lead contamination identified under
paragraph (1).
(b) Upon obtaining the results of the testing under
subsection (a)(1), the school shall:
(1) Within twenty-four (24) hours of receiving the testing
results, take the water outlets which are used for cooking or
drinking and which contain lead contamination out of service.
(2) Within ten (10) days of receiving the testing results:
(i) Provide written notice of the testing results to:
(A) The parents or guardians of the students of the school,
which shall be sent home with the students.
(B) The staff members of the school.
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(ii) Display the testing results and remediation plan in a
prominent location at the school.
(iii) Post the testing results and remediation plan on the
school's publicly accessible Internet website.
(3) Submit the testing results to the Department of
Environmental Protection and the Department of Education if lead
contamination is present.
(c) The following shall apply regarding rules and
regulations:
(1) No later than sixty (60) days after the effective date
of this subsection, the Department of Environmental Protection,
in consultation with the Department of Education, shall
establish rules and regulations for schools regarding:
(i) The testing of water outlets used for drinking and
cooking to determine if there is lead contamination.
(ii) The remediation of water outlets used for drinking or
cooking if lead contamination is present.
(2) The rules and regulations under paragraph (1) shall
include, but not be limited to, the following:
(i) The minimum criteria for testing water outlets used for
drinking and cooking to determine if there is lead
contamination.
(ii) The testing of water outlets used for drinking and
cooking, using best practices for testing as established by the
United States Environmental Protection Agency and the testing of
the first and second draw of water from an outlet after the
water system has not been used for at least eight (8) hours.
(iii) Procedures to ensure that students have access to
water free of lead contamination before and during remediation.
(iv) Procedures for the remediation of water outlets used
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for drinking or cooking if lead contamination is present.
(d) The following words and phrases when used in this
section shall have the meanings given to them in this subsection
unless the context clearly indicates otherwise:
"Lead contamination." The presence of lead equal to at least
five (5) parts per billion.
"Remediation." Steps taken to reduce a water outlet's lead
level below five (5) parts per billion, including the
installation of filters certified to remove lead and the removal
of lead-bearing fountains and other parts, if feasible.
"School." A public or private primary or secondary school.
Section 3. This act shall take effect immediately.
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