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REFERENCE TITLE: lead testing; schools; childcare |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SB 1351 |
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Introduced by Senators Mendez: Miranda; Representative Salman
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An Act
amending title 49, chapter 2, article 1, Arizona Revised Statutes, by adding section 49-210.01; relating to water quality control.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 49, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 49-210.01, to read:
49-210.01. Lead testing; schools; child care facilities; rules; report; definition
A. Each school district and child care facility in this state shall conduct periodic first-drawn tap testing of potable water systems to monitor for lead contamination in each occupied school and child care facility building under its control pursuant to rules adopted by the department. The testing shall be conducted and the results analyzed by a lead contamination testing and service provider approved by the department.
B. Subsection A of this section does not apply to a school or child care facility building in which the plumbing and equipment complies with the definition of lead free as prescribed by section 1417 of the safe drinking water act and rules adopted by the united states environmental protection agency. The department may exempt a school district from additional testing requirements if testing that is consistent with this section has been conducted within the previous five years before the effective date of this section.
C. For a school district or child care facility at which lead contamination is found, the affected school district or child care facility shall:
1. Continue first-drawn tap water testing pursuant to rules adopted by the department.
2. Provide occupants with an adequate supply of safe, potable water for drinking as required by rules adopted by the department until subsequent testing indicates lead levels lower than five parts per billion.
3. Provide parents or guardians of the children attending the school or child care facility with written notice of test results. Schools shall also post the test results on the school district's website.
D. Each school district and child care facility that conducts testing pursuant to this section shall make a copy of the results of all testing and any lead remediation plans available to the public on its website and by any additional means as determined by the school district or child care facility. Each school district and child care facility shall immediately transmit a copy of the results of all testing to the department in a format prescribed by the department and to the county health department or the public health services district for the county in which the school district building or child care facility building is located.
E. The department shall adopt rules to implement this section that are consistent with the safe drinking water act.
F. The department shall publish a report once every two years based on the findings from the tap water testing conducted pursuant to this section and transmit the report to the governor, the president of the senate and the speaker of the house of representatives and shall post the report on the department's website.
G. Within sixty days after the effective date of this section and annually thereafter, the department shall identify existing federal, state and other grant monies that can be made available to school districts and child care facilities to assist with the testing prescribed by this section. Subject to legislative appropriations, the department may provide financial assistance to assist school districts and child care facilities in complying with this section if compliance imposes an unreasonable financial hardship as prescribed by rules adopted by the department.
H. For the purposes of this section, "child care facility" has the same meaning prescribed in section 36-881.