In this subtitle the following words have the meanings indicated. “Drinking water outlet” means a potable water fixture that is used for drinking or food preparation. “Drinking water outlet” includes: A water fountain, faucet, or tap that is used or potentially used for drinking or food preparation; and Ice–making and hot drink machines. “Elevated level of lead” means a lead concentration in drinking water that exceeds 5 parts per billion. “Public water system” has the meaning stated in § 9–401 of this article. “Technical guidance” means the most recent technical guidance issued by the U.S. Environmental Protection Agency for reducing lead in drinking water in schools. “Technical guidance” includes: 3Ts for Reducing Lead in Drinking Water in Schools (2006); and Any subsequent technical guidance issued by the U.S. Environmental Protection Agency for reducing lead in drinking water in schools.

The General Assembly finds that any exposure to lead in drinking water is dangerous to the health and development of children. It is the intent of the General Assembly that schools work proactively to reduce the concentration of lead in drinking water outlets to a level below 5 parts per billion and that State and federal funds be made available to schools for that purpose.

This section does not apply to a public or nonpublic school that is classified as a public water system. Subject to paragraph (2) of this subsection, the Department, in consultation with the State Department of Education, the Department of General Services, and Maryland Occupational Safety and Health, shall adopt regulations to require periodic testing for the presence of lead in each drinking water outlet located in an occupied public or nonpublic school building. Before adopting the regulations required under this section, the Department shall gather information about the testing processes, protocols, and efforts being undertaken by each county school system and private school to establish a safe and lead–free environment, including whether the school system or school has a plan for testing and, if appropriate, remedial measures. Regulations adopted under this section shall: Require initial testing to be conducted on or before July 1, 2018; Phase in the implementation of the required testing beginning with: School buildings constructed before 1988; and School buildings serving students in a prekindergarten program or any grade from kindergarten through grade 5; Establish a sampling method for the required testing that is consistent with technical guidance; Establish the frequency for the required testing; Address best practices and cost–effective testing; Require test samples from drinking water outlets to be analyzed by an entity approved by the Department; and If an analysis of a test sample indicates an elevated level of lead in a drinking water outlet, require that: The results of the analysis be reported to the Department, the State Department of Education, the Maryland Department of Health, and the appropriate local health department; Access to the drinking water outlet be closed; An adequate supply of safe drinking water be provided to school occupants; Subject to subsection (f) of this section, the school take appropriate remedial measures, including: Permanently shutting or closing off access to the drinking water outlet; Manual or automatic flushing of the drinking water outlet; Installing and maintaining a filter at the drinking water outlet; or Repairing or replacing the drinking water outlet, plumbing, or service line contributing to the elevated level of lead; The school conduct follow–up testing; and Notice of the elevated level of lead be: Provided to the parent or legal guardian of each student attending the school; and Posted on the website of the school. The Department, in consultation with the State Department of Education, may grant a waiver from the testing required under this section if: The drinking water outlets in the school building have been tested for the presence of lead in a manner that substantially complies with regulations issued under this section; and The test results indicate no elevated levels of lead in any of the drinking water outlets in the school building; Students in the school building do not have access to any drinking water outlet; and Bottled water is the only source of water for drinking or food preparation in the school building; A plan is in place for testing the drinking water outlets and addressing any elevated level of lead in a drinking water outlet in the school building in a manner that substantially complies with the regulations required under this section; or The local school system has: Completed comprehensive lead testing of the drinking water from plumbing fixtures; and A comprehensive monitoring program to ensure safe drinking water in its schools. On or before December 1, 2018, and on or before December 1 each year thereafter, the Department and the State Department of Education jointly shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the findings of the testing required under this section, including: The name and address of each school found to have elevated levels of lead in its drinking water; and The type, location in the building, and use of each drinking water outlet with an elevated level of lead. This subsection applies only to a drinking water outlet for which a test sample analyzed on or before June 1, 2021, indicated a concentration of lead that was more than 5 parts per billion but less than 20 parts per billion. On or before August 1, 2022, a school shall take appropriate measures in accordance with subsection (c)(7)(iv) of this section to remediate an outlet described in paragraph (1) of this subsection.

The Department, in consultation with the State Department of Education, shall establish and administer a grant program to provide grants to local school systems to assist with the costs associated with implementing remedial measures to: Address any findings of elevated levels of lead in drinking water outlets in school buildings; Install drinking water outlets in school buildings that do not have functioning drinking water outlets due to the presence of lead; or Repair, reconfigure, or replace the outlet plumbing or premises plumbing contributing to the presence of lead in drinking water. The Department, in consultation with the State Department of Education, shall: Establish application procedures for the grant program; Require each application to include a plan for implementing remedial measures, including: Whether the location of the lead affecting the drinking water outlet is in the service line, premises plumbing, outlet plumbing, or outlet; and Costs associated with the plan; Award grants on a competitive basis and based on the availability of funding to each local school system that: Applies for a grant in accordance with this section; and Demonstrates that the local school system has completed comprehensive testing for the presence of lead in drinking water outlets in school buildings in accordance with § 6–1502 of this subtitle; and Consistent with any applicable federal law or requirement, prioritize applications based on factors determined by the Department, including: The applicant’s level of financial need; The percentage of drinking water outlets that require remediation; and The cost–effectiveness of the proposed remedial measures, with preference given to proposals for remedial measures that require minimal upkeep, including the installation of water filling stations. If the Department or the State Department of Education receives any federal funding for addressing the presence of lead in drinking water outlets in school buildings, the funding shall be made available to award grants in accordance with this section. In addition to any funding provided under paragraph (1) of this subsection, funding for the grant program consists of: Money appropriated in the State budget for the grant program; and Any additional money made available to the grant program from any public or private source. The Department, in consultation with the State Department of Education, may adopt regulations to implement the requirements of this section.