Massachusetts SD 696: An Act ensuring safe drinking water in schools

Bill Text

1 of 2
SENATE DOCKET, NO. 696 FILED ON: 1/17/2023
SENATE . . . . . . . . . . . . . . No. 526

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Joan B. Lovely
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act ensuring safe drinking water in schools.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS:
Joan B. Lovely Second Essex
Patrick M. O'Connor First Plymouth and Norfolk 2/8/2023
Anne M. Gobi Worcester and Hampshire 2/8/2023
Jack Patrick Lewis 7th Middlesex 2/8/2023
Michael O. Moore Second Worcester 2/21/2023
Joanne M. Comerford Hampshire, Franklin and Worcester 2/21/2023
Lydia Edwards Third Suffolk 2/21/2023
James B. Eldridge Middlesex and Worcester 2/21/2023
Patricia D. Jehlen Second Middlesex 2/21/2023
Thomas M. Stanley 9th Middlesex 2/21/2023
Carmine Lawrence Gentile 13th Middlesex 2/21/2023
Adam Gomez Hampden 2/22/2023
John F. Keenan Norfolk and Plymouth 3/23/2023
Christopher M. Markey 9th Bristol 3/23/2023
Walter F. Timilty Norfolk, Plymouth and Bristol 3/23/2023
Jason M. Lewis Fifth Middlesex 4/3/2023
Susan L. Moran Plymouth and Barnstable 4/7/2023
Sal N. DiDomenico Middlesex and Suffolk 5/22/2023

2 of 2
Pavel Payano First Essex 1/19/2024

1 of 8
SENATE DOCKET, NO. 696 FILED ON: 1/17/2023
SENATE . . . . . . . . . . . . . . No. 526
By Ms. Lovely, a petition (accompanied by bill, Senate, No. 526) of Joan B. Lovely, Patrick M.
O'Connor, Anne M. Gobi, Jack Patrick Lewis and other members of the General Court for
legislation to ensure safe drinking water in schools. Environment and Natural Resources.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 580 OF 2021-2022.]

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________

An Act ensuring safe drinking water in schools.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after
2 section 160G the following section:-
3 Section 160H. The Safe Drinking Water at School Act
4 (a) As used in this section, the following words shall have the following meanings, unless
5 the context clearly requires otherwise:-
6 “Certified point-of-use filter”, a filter installed at the point where water is dispensed from
7 an outlet and is (i) certified to the latest version of NSF/ANSI 53 for lead reduction and
8 NSF/ANSI 42 for particulate reduction (Class I), and the certification body shall be accredited by

2 of 8
9 the American National Standards Institute National Accreditation Board (ANAB) ; or (ii) meets
10 more stringent requirements adopted thereafter.
11 “Certified test results”, outcomes from samplings conducted by a laboratory certified for
12 this purpose by the commissioner in accordance with the methods specified in the department’s
13 technical guidance. Each test for lead under this section shall be a certified test result.
14 “Child care center” , as defined in section 1A of chapter 15D.
15 “Commissioner”, the commissioner of the department of environmental protection.
16 “Department”, the department of environmental protection.
17 “Drinking water outlet”, any drinking fountain, faucet, tap or other end-point for delivery
18 of water used for drinking or food preparation, including, but not limited to, ice-making and hot-
19 drink machines.
20 “Elevated lead level”, a health-based standard for schools and child care centers in which
21 lead concentration in drinking water exceeds one part per billion.
22 “Local board of health”, any board of health authorized under sections 26-33, inclusive,
23 of chapter 111.
24 “Non-drinking water outlet”, any faucet, tap or other end-point for delivery of water used
25 for any purpose other than drinking or food preparation.
26 “School”, any facility operating for the development and education of children in pre-
27 school through twelfth grade, whether operated by a school district, charter or non-public entity.

3 of 8
28 “Technical guidance”, the specifications for detecting and remediating lead in drinking
29 water at schools issued by the department pursuant to subsection (f) of this section.
30 (b)(1) Each school and child care center shall annually test each drinking water outlet for
31 elevated lead levels. Samples shall be taken according to methods specified in the department’s
32 technical guidance. A school or child care center that has not tested its drinking water outlets for
33 lead under the commonwealth’s “Assistance Program for Lead in School Drinking Water” shall
34 complete lead testing at each drinking water outlet according to the department’s technical
35 guidance no later than six months after the effective date of this section.
36 (2) On a cas