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<section article="gen" article_name="Environment" number="6-1502" title_number="6" title_name="Toxic, Carcinogenic, and Flammable Substances" subtitle_number="15" subtitle_name="Lead in Drinking Water">
  <level label="a">
    <text>This section does not apply to a public or nonpublic school that is classified as a public water system.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="c">
    <text>Regulations adopted under this section shall:</text>
    <level label="1">
      <text>Require initial testing to be conducted on or before July 1, 2018;</text>
    </level>
    <level label="2">
      <text>Phase in the implementation of the required testing beginning with:</text>
      <level label="i">
        <text>School buildings constructed before 1988; and</text>
      </level>
      <level label="ii">
        <text>School buildings serving students in a prekindergarten program or any grade from kindergarten through grade 5;</text>
      </level>
    </level>
    <level label="3">
      <text>Establish a sampling method for the required testing that is consistent with technical guidance;</text>
    </level>
    <level label="4">
      <text>Establish the frequency for the required testing;</text>
    </level>
    <level label="5">
      <text>Address best practices and cost–effective testing;</text>
    </level>
    <level label="6">
      <text>Require test samples from drinking water outlets to be analyzed by an entity approved by the Department; and</text>
    </level>
    <level label="7">
      <text>If an analysis of a test sample indicates an elevated level of lead in a drinking water outlet, require that:</text>
      <level label="i">
        <text>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;</text>
      </level>
      <level label="ii">
        <text>Access to the drinking water outlet be closed;</text>
      </level>
      <level label="iii">
        <text>An adequate supply of safe drinking water be provided to school occupants;</text>
      </level>
      <level label="iv">
        <text>Subject to subsection (f) of this section, the school take appropriate remedial measures, including:</text>
        <level label="1">
          <text>Permanently shutting or closing off access to the drinking water outlet;</text>
        </level>
        <level label="2">
          <text>Manual or automatic flushing of the drinking water outlet;</text>
        </level>
        <level label="3">
          <text>Installing and maintaining a filter at the drinking water outlet; or</text>
        </level>
        <level label="4">
          <text>Repairing or replacing the drinking water outlet, plumbing, or service line contributing to the elevated level of lead;</text>
        </level>
      </level>
      <level label="v">
        <text>The school conduct follow–up testing; and</text>
      </level>
      <level label="vi">
        <text>Notice of the elevated level of lead be:</text>
        <level label="1">
          <text>Provided to the parent or legal guardian of each student attending the school; and</text>
        </level>
        <level label="2">
          <text>Posted on the website of the school.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="d">
    <text>The Department, in consultation with the State Department of Education, may grant a waiver from the testing required under this section if:</text>
    <level label="1">
      <level label="i">
        <text>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</text>
      </level>
      <level label="ii">
        <text>The test results indicate no elevated levels of lead in any of the drinking water outlets in the school building;</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>Students in the school building do not have access to any drinking water outlet; and</text>
      </level>
      <level label="ii">
        <text>Bottled water is the only source of water for drinking or food preparation in the school building;</text>
      </level>
    </level>
    <level label="3">
      <text>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</text>
    </level>
    <level label="4">
      <text>The local school system has:</text>
      <level label="i">
        <text>Completed comprehensive lead testing of the drinking water from plumbing fixtures; and</text>
      </level>
      <level label="ii">
        <text>A comprehensive monitoring program to ensure safe drinking water in its schools.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <text>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:</text>
    <level label="1">
      <text>The name and address of each school found to have elevated levels of lead in its drinking water; and</text>
    </level>
    <level label="2">
      <text>The type, location in the building, and use of each drinking water outlet with an elevated level of lead.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
</section>
