Bill Text: NJ A1879 | 2018-2019 | Regular Session | Introduced
Bill Title: Requires child care centers to test for and remediate lead in drinking water, and disclose test results.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2018-01-09 - Introduced, Referred to Assembly Women and Children Committee [A1879 Detail]
Download: New_Jersey-2018-A1879-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblywoman ELIZABETH MAHER MUOIO
District 15 (Hunterdon and Mercer)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
SYNOPSIS
Requires child care centers to test for and remediate lead in drinking water, and disclose test results.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning lead in drinking water at child care centers and supplementing P.L.1983, c.492 (C.30:5B-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Child care center" means the same as that term is defined in section 3 of P.L.1983, c.492 (C.30:5B-3).
"Drinking water outlet" means any water fountain, faucet, or tap regularly used for drinking or food preparation, including ice-making and hot drink machines.
"Elevated lead level" means a lead concentration in drinking water that exceeds the standard therefor established by the United States Environmental Protection Agency or the Department of Environmental Protection in the technical guidance, whichever is more stringent.
"Local health agency" means the same as that term is defined in section 3 of P.L.1975, c.329 (C.26:3A2-3).
"Public water system" means the same as that term is defined in section 3 of P.L.1977, c.224 (C.58:12A-3).
"Technical guidance" means any technical guidance for reducing lead in drinking water at child care centers issued by the United States Environmental Protection Agency, or by the Department of Environmental Protection pursuant to subsection b. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).
2. a. Except as provided in subsection b. of this section, each child care center shall undertake periodic testing of each drinking water outlet used by the child care center in the building where the child care center is located for the presence of lead. Each test for lead shall be conducted by a laboratory certified for this purpose by the Commissioner of Environmental Protection, and in accordance with the sampling and testing methods specified in the technical guidance. The initial tests for lead shall be conducted no later than 90 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and subsequent testing shall be conducted every five years thereafter, unless the commissioner determines, on a case-by-case basis, that a greater or lesser frequency of testing is necessary or sufficient to ensure the public health.
b. The commissioner may, upon application by a child care center, exempt the child care center from the requirement to conduct initial testing if the child care center demonstrates that it has conducted testing that substantially complies with the requirements of subsection a. of this section within two years prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and any drinking water outlet that was found to have an elevated lead level has either been removed from service or remediated.
c. A child care center that is a public water system and that meets the standards for lead in drinking water for public water systems adopted by the Department of Environmental Protection shall not be required to comply with the provisions of this section.
d. A child care center may seek the assistance of a local health agency or public water system to help ensure the child care center's compliance with the provisions of this section.
e. Nothing in this section shall prevent a child care center from conducting more frequent testing than required pursuant to subsection a. of this section.
3. If testing conducted pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) reveals an elevated lead level at a drinking water outlet, the child care center shall immediately shut or close off access to that outlet and report the test results to the Department of Environmental Protection. The child care center and the owner of the building in which the child care center is located, in consultation with the Department of Environmental Protection, shall conduct follow-up testing, as provided in the technical guidance, to determine the source of the lead and take appropriate remedial measures to ensure that children are not exposed to water with an elevated lead level and have access to clean drinking water at the child care center. Such remedial measures may include, but need not be limited to: permanently shutting or closing off access to the drinking water outlet; providing an alternative source of water; manual or automatic flushing of the drinking water outlet; installing and maintaining a filter at the drinking water outlet; and repairing or replacing the drinking water outlet, plumbing, or service line contributing to the elevated lead level.
4. a. Each child care center shall:
(1) maintain, in a suitable location for inspection by the department and parents and guardians, the complete results of the testing conducted pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), and information on any measures being taken pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) to remediate a drinking water outlet found to have an elevated lead level;
(2) post, in a conspicuous location near the entrance of the child care center, a summary of the information maintained pursuant to paragraph (1) of this subsection, in a form and manner as determined by the department; and
(3) notify parents and guardians and employees of the child care center of the availability of the information required to be maintained pursuant to paragraph (1) of this subsection.
b. The department shall have the authority to inspect the information required to be maintained by the child care center pursuant to paragraph (1) of subsection a. of this section during normal business hours, and without prior notice to the child care center.
c. If testing conducted pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) reveals an elevated lead level at a drinking water outlet, the child care center shall immediately notify parents and child care center employees directly, through written notice, electronic mail, or other means approved by the Department of Environmental Protection. Such notification shall include, but need not be limited to:
(1) a summary of the results of the testing conducted pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), and information on the availability of the complete test results for public inspection at a suitable location;
(2) a description of any remedial measures that are being taken, or will be taken, pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(3) general information on the public health effects and risks posed by lead in drinking water, and information on the availability of additional resources concerning lead in drinking water, as outlined in the technical guidance; and
(4) if determined necessary by the Department of Environmental Protection, information on how and where individuals may seek blood testing for lead.
5. The Department of Environmental Protection, in consultation with the Department of Children and Families, shall, within 30 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), provide to each child care center the technical guidance for reducing lead in drinking water at child care centers issued by the United States Environmental Protection Agency, a summary of the sampling and testing methods contained in the technical guidance, a list of each laboratory in the State certified to conduct lead testing, and any other information deemed appropriate by the departments.
6. a. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Department of Environmental Protection, in consultation with the Department of Children and Families and the Department of Health, may adopt, after notice, interim rules and regulations necessary to implement the provisions of P.L. , c. (C.) (pending before the Legislature as this bill). The rules and regulations shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and may, thereafter, be amended, adopted, or readopted by the Department of Environmental Protection in accordance with the provisions of the "Administrative Procedure Act."
b. The Department of Environmental Protection may issue its own technical guidance, provided the guidance is at least as protective of the public health as the technical guidance for reducing lead in drinking water at child care centers issued by the United States Environmental Protection Agency.
7. This act shall take effect immediately.
STATEMENT
This bill would require child care centers to test for and remediate lead in drinking water, and disclose their test results.
Specifically, under the bill, each child care center would be required to undertake periodic testing of each drinking water outlet used by the child care center in the building where the child care center is located for the presence of lead. The tests would be conducted by a certified laboratory in accordance with the sampling and testing methods specified in the United States Environmental Protection Agency's (EPA) technical guidance for reducing lead in drinking water at child care centers, or more protective technical guidance that may be issued by the Department of Environmental Protection (DEP). The initial tests would be conducted no later than 90 days after the effective date of the bill, and subsequent tests would be conducted every five years thereafter, unless the DEP determines, on a case-by-case basis, that more or less frequent testing is necessary or sufficient to protect the public health.
A child care center may obtain an exemption from the requirement to conduct initial testing if it demonstrates to the DEP that it has conducted testing that substantially complies with the technical guidance within two years prior to the effective date of the bill, and any drinking water outlet that was found to have an elevated lead level has either been removed from service or remediated. Under the bill, a child care center may seek the assistance of a local health agency or public water system to help ensure compliance with the bill. Nothing in the bill would prevent a child care center from conducting more frequent testing than required by the bill. The testing requirements would not apply to a child care center that is considered a public water system under federal law and meets the applicable standards for lead in drinking water supplied by public water systems.
If testing conducted pursuant to the bill reveals an elevated lead level at a drinking water outlet, the child care center would be required to immediately shut or close off access to that outlet and report the test results to the DEP. The child care center and the owner of the building in which the child care center is located, in consultation with the DEP, would be required to conduct follow-up testing to determine the source of the lead, and take appropriate remedial measures to ensure that children are not exposed to water with an elevated lead level and have access to free, fresh, and clean drinking water. Remedial measures may include permanently shutting or closing off access to the drinking water outlet, providing an alternative source of water, manual or automatic flushing, installing and maintaining a filter, and replacing outlets, plumbing, or service lines contributing to the elevated lead level.
Under the bill, each child care center would be required to maintain the complete results of the testing conducted under the bill, and information on any measures being taken to remediate a drinking water outlet found to have an elevated lead level. The DEP would have the authority to inspect this information during regular business hours and without prior notice. Child care centers would also be required to post a summary of this information in a conspicuous location near the entrance of the child care center, and notify parents (including guardians) and employees of the child care center of the availability of the information. If test results reveal an elevated lead level at a drinking water outlet, the child care center would be required to immediately notify parents and child care center employees directly.
The bill would require the DEP, within 30 days after the effective date of the bill, to provide to each child care center with the EPA's technical guidance for reducing lead in drinking water at child care centers, a summary of the sampling and testing methods contained in the technical guidance, a list of each laboratory in the State certified to conduct lead testing, and any other information the DEP deems relevant.
