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Transparent Environment in School Testing for Lead Act

S. 2776 · 114th Congress · Apr 11, 2016 · Lineage

A BILL

To amend the Safe Drinking Water Act to condition the receipt of funds by a State for a drinking water treatment revolving loan fund on the State carrying out a program to test for lead in drinking water for schools.

Section 1 Short title

This Act may be cited as the “Transparent Environment in School Testing for Lead Act” or the “TEST for Lead Act”.

Sec. 2 Testing for lead in drinking water for schools

(a)
Use of funds— Section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j–12(a)(2)) is amended—
(1)
in the first sentence, by striking “Except” and inserting the following:

“(A) In general—Except”

(2)
in the second sentence, by striking “Financial” and inserting the following:

“(B) Financial assistance—Financial”

(3)
in the third sentence, by striking “The funds” and inserting the following:

“(C) Loans to public water systems—The funds”

(4)
in the fourth sentence, by striking “The funds” and inserting the following:

“(D) Lead contamination—The funds may be used—

“(i) to train school personnel on issues relating to lead contamination in drinking water; and

“(ii) in the case of a level of lead that exceeds a lead action level in the drinking water of a school, to assist the relevant local educational agency with lead remediation activities.

“(E) Limitation—The funds”

(5)
in the fifth sentence, by striking “Of the amount” and inserting the following:

“(F) Public water systems serving fewer than 10,000 persons—Of the amount”

(b)
Programs To test lead contamination in schools— Section 1464(d) of the Safe Drinking Water Act (42 U.S.C. 300j–24(d)) is amended—
(1)
by striking paragraph (1) and inserting the following:

“(1) Programs to test lead contamination in schools—To be eligible to receive funds under section 1452, not later than 1 year after the date of enactment of the TEST for Lead Act, a State (as defined in section 1401(13)(A)) shall carry out a program, consistent with this section, to assist local educational agencies in testing for lead contamination in drinking water from sources of lead contamination at schools under the jurisdiction of the local educational agencies.”

(2)
by striking paragraph (3);
(3)
by redesignating paragraph (2) as paragraph (3);
(4)
by inserting after paragraph (1) the following:

“(2) Testing requirements—A program carried out under paragraph (1) shall require testing of drinking water, including testing of water from faucets used for food preparation, sinks in lavatories, and drinking water coolers, for lead—

“(A) at schools built prior to 1996, at least biannually; and

“(B) at schools built in 1996 or after, at least annually.”

(5)
in paragraph (3) (as redesignated by paragraph (3))—
(A)
in the first sentence—
(i)
by striking “A copy” and inserting:

“(A) In general—A copy”

(ii)
by inserting “under a program carried out” before “under paragraph (1)”;
(B)
in the second sentence, by striking “The local” and inserting the following:

“(B) Notification—The local”

(C)
by adding at the end the following:

“(C) Emergency notification—If a level of lead that exceeds a lead action level, as identified by the Administrator, is discovered in drinking water at a school pursuant to testing under a program carried out under paragraph (1), not later than 48 hours after the discovery of the elevated lead level, the local educational agency with jurisdiction over the school shall make a good faith effort to provide notification of the elevated lead level to—

“(i) the parents or guardians of each child enrolled in the school;

“(ii) the Administrator;

“(iii) the State;

“(iv) the local municipal government; and

“(v) local health agencies.”