D.C. Law 22-21. Childhood Lead Exposure Prevention Amendment Act of 2017.
AN ACT
To amend the Healthy Schools Act of 2010 to require public schools and public charter schools to locate all drinking water sources, install and maintain filters for reducing lead at all drinking water sources, post conspicuous signs on water sources that are not drinking water sources that communicate that the water should not be used for cooking or consumed, test all drinking water sources for lead annually, if a test result shows that a drinking water source's lead concentration exceeds 5 parts per billion, shut off the drinking water source within 24 hours after receiving the test result, determine remediation steps, publicize the test results and remediation steps, and post information about the test results and remediation efforts online, and publish a list of drinking water sources with information about filters, testing, and maintenance; to amend the District of Columbia School Reform Act of 1995 to require public charter schools to include information about compliance with this act in its annual health and safety report; to amend the Department of General Services Establishment Act of 2011 to require the Department of General Services to locate all drinking water sources in recreation facilities, install and maintain filters for reducing lead at all drinking water sources, post conspicuous signs on water sources that are not drinking water sources that communicate that the water should not be used for cooking or consumed, test all drinking water sources in recreation facilities for lead annually, if a test result shows that a drinking water source's lead concentration exceeds 5 parts per billion, shut off the drinking water source within 24 hours after receiving the test result, determine remediation steps, notify the Director of the Department of Parks and Recreation of the test results and remediation steps, and post information about the test results and remediation efforts online, and publish a list of drinking water sources with information about filters, testing, and maintenance; to amend the Child Development Facilities Regulation Act of 1998 to require each child development facility to locate all drinking water sources, install and maintain filters for reducing lead at all drinking water sources in child development facilities, post conspicuous signs on water sources that are not drinking water sources that communicate that the water should not be used for cooking or consumed, test all drinking water sources in child development facilities for lead annually, if a test result shows that a drinking water source's lead concentration exceeds 5 parts per billion, shut off the drinking water source within 24 hours after receiving the test result, determine remediation steps, and notify parents and guardians of children at the child development facility of the test results and remediation steps, and to require Department of Energy and Environment and the Office of the State Superintendent of Education to report annually on child development facility compliance with this act; to amend Chapter 1 of Title 5-A of the District of Columbia Municipal Regulations to require child development facilities to demonstrate compliance with the requirements in this act in order to obtain or renew an operating license; to amend the Office of Administrative Hearings Establishment Act of 2001 to expand the jurisdiction of the Office of Administrative Hearings to cover certain adjudicated cases relating to this act; to amend the Language Access Act of 2004 to include certain written communications to parents and guardians required under this act within the definition of vital documents; to require the Mayor to host 4 community meetings within one year after the effective date of this act; and to amend the Fiscal Year 2018 Budget Support Act of 2017 to repeal provisions relating to child development facilities.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Childhood Lead Exposure Prevention Amendment Act of 2017".
Sec. 2. The Healthy Schools Act of 2010, effective July 27, 2010 (D.C. Law 18-209; D.C. Official Code § 38-821.01 et seq.), is amended as follows:
(a) Section 101 (D.C. Official Code § 38-821.01) is amended as follows:
(1) Paragraph (1) is redesignated as paragraph (1A).
(2) New paragraphs (1) and (8A) are added to read as follows:
"(1)(A) "Drinking water source" means a source of water from which a person can reasonably be expected to consume or cook with the water originating from the source.
"(B) "Drinking water source" shall not include a source of water for which a public school or public charter school posts a conspicuous sign pursuant to
"(8A) "Remediation steps" means, at a minimum, actions to:
"(A) Decrease the elevated lead concentration in a drinking water source to 5 parts per billion or less; or
"(B) Preclude people from consuming or cooking with water from a drinking water source.".
(b) Section 501(a)(1)(E) (D.C. Official Code § 38-825.01(a)(1)(E)) is repealed.
(c) A new section 501a is added to read as follows:
"Sec. 501a. Prevention of lead in drinking water in schools.
"(a)(1) The Department of General Services ("DGS") shall:
"(A) Locate all drinking water sources at each public school and install a barcode on each of the drinking water sources;
"(B) Install a filter that reduces lead in drinking water on each drinking water source in each public school and maintain the filters, at a minimum, in a manner consistent with the manufacturer's recommendations. Filters or all of the filter's component parts shall be certified for lead reduction to the National Sanitation Foundation ("NSF")/American National Standards Institute ("ANSI") Standard 53 for Health Effects or NSF/ANSI Standard 61 for Health Effects;
"(C) Post a conspicuous sign near each water source at public schools that is not a drinking water source, which includes an image that clearly communicates that water from the water source should not be used for cooking, where applicable, or consumed;
"(D) Provide an annual schedule for testing drinking water sources at each public school to the Chief Operating Officer of the District of Columbia Public Schools ("COO") for distribution to parents or guardians of children at each public school at the start of each school year;
"(E) Test all drinking water sources at each public school for lead annually;
"(F) If a test conducted pursuant to subparagraph (E) of this paragraph shows a lead concentration over 5 parts per billion:
"(i) Shut off the drinking water source as soon as possible but no later than 24 hours after receiving the test result and keep the drinking water source shut off until a subsequent test shows that the lead concentration level is not over 5 parts per billion;
"(ii) Determine, in writing, which remediation steps should be implemented to address the elevated lead concentration level;
"(iii) Send the test result and remediation steps to the COO within 5 business days of receiving the test result;
"(iv) Update the list described in subparagraph (G) of this paragraph within 5 business days of receiving the test result to reflect the test result and remediation steps; and
"(v) Notify the COO and update the list described in subparagraph(G) of this paragraph within 5 business days of completion of the remediation steps required by sub-subparagraph (ii) of this subparagraph; and
"(G) Publish on the DGS website a list of drinking water sources in each public school that describes, for each drinking water source:
"(i) The date and results of the most recent lead test performed;
"(ii) The date the current filter was installed;
"(iii) The date when the filter will next be replaced;
"(iv) The barcode identification number; and
"(v) Any remediation steps that will be or have been taken.
"(2) When the COO receives a test result, pursuant to paragraph (1)(e)(iii) of this subsection, or a notice of completion of remediation steps, pursuant to paragraph (1)(e)(v) of this subsection, the COO shall, within 2 business days of receiving such information, publish the information on the District of Columbia Public Schools website and send the information to parents or guardians of children attending the public school through email or other written communication.
"(b)(1) Within 120 days of the effective date of the Childhood Lead Exposure Prevention Amendment Act of 2017, passed on 2nd reading on July 11, 2017 (Enrolled version of Bill 22-29), DGS shall provide a list of approved contractors, which may include employees or departments within DGS, to the Public Charter School Board ("PCSB"), from which public charter schools shall select a contractor to assist in meeting the requirements of paragraph (2) of this subsection.
"(2) Each public charter school shall:
"(A) Locate all drinking water sources at the public charter school and install a barcode on each of the drinking water sources;
"(B) Install a filter that reduces lead in drinking water on each drinking water source in the public charter school and maintain the filters, at a minimum, in a manner consistent with the manufacturer's recommendations. Filters or all of the filter's component parts shall be certified for lead reduction to the NSF/ANSI Standard 53 for Health Effects or NSF/ANSI Standard 61 for Health Effects;
"(C) Post a conspicuous sign near each water source at the public charter school that is not a drinking water source, which includes an image that clearly communicates that water from the water source should not be used for cooking, where applicable, or consumed;
"(D) Test all drinking water sources at the public charter school for lead annually;
"(E) If a test conducted pursuant to subparagraph (D) of this paragraph shows a lead concentration over 5 parts per billion:
"(i) Shut off the drinking water source as soon as possible but no later than 24 hours after receiving the test result and keep the drinking water source shut off until a subsequent test shows that the lead concentration level is not over 5 parts per billion;
"(ii) Determine, in writing, which remediation steps should be implemented to address the elevated lead concentration level;
"(iii) Send the test result and remediation steps to parents or guardians of children attending the public charter school through email or written communication within 5 business days of receiving the test result;
"(iv) Update the list described in subparagraph (F) of this paragraph within 5 business days of receiving the test result to reflect the test result and remediation steps; and
"(v) Notify parents or guardians of children attending the public charter school and update the list described in subparagraph (F) of this paragraph within 5 business days of completion of the remediation steps required by sub-subparagraph (ii) of this subparagraph; and
"(F) Publish on the public charter school's website, or on the website of the public charter school's local education agency, a list of drinking water sources in the public charter school that describes, for each drinking water source:
"(i) The date and results of the most recent lead test performed;
"(ii) The date the current filter was installed;
"(iii) The date when the filter will next be replaced;
"(iv) The barcode identification number; and
"(v) Any remediation steps that will be or have been taken.
"(3)(A) Any contractor selected pursuant to paragraph (1) of this subsection shall, at times and in a manner to be determined by the PCSB, provide the public charter school that selected the contractor with written proof that the contractor's services complied with the requirements of this subsection.
"(B) A public charter school shall provide proof of compliance with paragraph (2) of this subsection to the PCSB.
"(4)(A) After a public charter school provides proof of compliance to the PCSB, pursuant to paragraph (3)(B) of this subsection, the PCSB shall provide proof of compliance and associated costs of complying with paragraph (2) of this subsection to DGS, in a manner to be prescribed by DGS, for purposes of DGS reimbursing a public charter school.
"(B) DGS shall reimburse a public charter school for reasonable costs of complying with paragraph (2) of this subsection pursuant to rules issued pursuant to subsection (d) of this section.
"(5)(A) If a contractor provides false or misleading proof of compliance under paragraph (3)(A) of this subsection, the Mayor shall, for a 5–year period:
"(i) Remove the contractor from all DGS-approved contractor lists;
"(ii) Prohibit the contractor from participating in the activities described in this subsection; and
"(iii) Prohibit the contractor from conducting business with the District government.
"(B) The penalty provided in this paragraph shall be in addition to any other penalty provided by law.
"(6)(A) The Mayor, at a reasonable time, with reasonable notice, and upon presentation of appropriate credentials to, and with the consent of, the owner, operator, or person in charge, or the PCSB, pursuant to
"(B) If a public charter school fails to consent under subparagraph (A) of this paragraph:
"(i) The Mayor shall require the repayment of funds that were paid to the public charter school pursuant to paragraph (4) of this subsection; and
"(ii) The PCSB may revoke the public charter school's charter pursuant to
"(7) A person aggrieved by an action of the Mayor taken pursuant to paragraph (5) or paragraph (6)(B)(i) of this subsection may appeal the action of the Mayor to the Office of Administrative Hearings pursuant to
"(8) The Mayor may impose civil infraction penalties, fines, and fees as sanctions for any violation of this subsection, pursuant to
"(c) Nothing in this section is intended to, or does, create a private right of action against any person or entity based upon compliance or noncompliance with its provisions. No person or entity may assert any claim or right as a beneficiary or protected class under this section in any civil, criminal, or administrative action against the District of Columbia.
"(d) Within 120 days of the effective date of the Childhood Lead Exposure Prevention Amendment Act of 2017, passed on 2nd reading on July 11, 2017 (Enrolled version of Bill 22-29), the Mayor, pursuant to
Sec. 3. Section 2204(c)(4)(B) of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321; D.C. Official Code § 38-1802.04(c)(4)(B)), is amended as follows:
(a) Strike the phrase "Fire Prevention Code." and insert the phrase "Fire Prevention Code and section 501a(b) of the Healthy Schools Act of 2010, passed on 2nd reading on July 11, 2017 (Enrolled version of Bill 22-29)." in its place.
(b) Strike the phrase "upon request." and insert the phrase "upon request. A public charter school shall, within 10 business days of submitting the report, publish the report on the public charter school's website or on the website of the public charter school's local education agency, and transmit the report to DGS for publication on DGS's website." in its place.
Sec. 4. The Department of General Services Establishment Act of 2011, effective September 14, 2011 (D.C. Law 19-21; D.C. Official Code § 10-551.01 et seq.), is amended by adding a new section 1028c to read as follows:
"Sec. 1028c. Prevention of lead in drinking water at recreation facilities.
"(a) For the purposes of this section, the term:
"(1)(A) "Drinking water source" means a source of water from which a person can reasonably be expected to consume or cook with the water originating from the source.
"(B) "Drinking water source" shall not include a source of water for which the Department of General Services posts a conspicuous sign pursuant to subsection (b)(3) of this section.
"(2) "Recreation facility" means a Department of Parks and Recreation ("DPR") public facility regularly used by children.
"(3) "Remediation steps" means, at a minimum, actions to:
"(A) Decrease the elevated lead concentration in a drinking water source to 5 parts per billion or less; or
"(B) Preclude people from consuming or cooking with water from a drinking water source.
"(b) The Department of General Services ("Department") shall:
"(1) Locate all drinking water sources at each recreation facility and install a barcode on each of the drinking water sources;
"(2) Install a filter that reduces lead in drinking water on each drinking water source in each recreation facility and maintain the filters, at a minimum, in a manner consistent with the manufacturer's recommendations. Filters or all of the filter's component parts shall be certified for lead reduction to the National Sanitation Foundation ("NSF")/American National Standards Institute ("ANSI") Standard 53 for Health Effects or NSF/ANSI Standard 61 for Health Effects;
"(3) Post a conspicuous sign near each water source at recreation facilities that is not a drinking water source, which includes an image that clearly communicates that water from the water source should not be used for cooking, where applicable, or consumed;
"(4) Test all drinking water sources at each recreation facility for lead annually;
"(5) If a test conducted pursuant to paragraph (4) of this subsection shows a lead concentration over 5 parts per billion:
"(A) Shut off the drinking water source as soon as possible but no later than 24 hours after receiving the test result and keep the drinking water source shut off until a subsequent test shows that the lead concentration level is not over 5 parts per billion;
"(B) Determine, in writing, which remediation steps should be implemented to address the elevated lead concentration level;
"(C) Send the test results and remediation steps to the Director of DPR within 5 business days of receiving the test result;
"(D) Update the list described in paragraph (6) of this subsection within 5 business days of receiving the test result to reflect the test result and remediation steps; and
"(E) Notify the Director of DPR and update the list described in paragraph (6) of this subsection within 5 business days of completion of the remediation steps required by subparagraph (B) of this paragraph; and
"(6) Publish on the Department's website a list of drinking water sources in each recreation facility that describes, for each drinking water source:
"(A) The date and results of the most recent lead test performed;
"(B) The date the current filter was installed;
"(C) The date when the filter will next be replaced;
"(D) The barcode identification number; and
"(E) Any remediation steps that will be or have been taken.
"(c) Within 120 days of the effective date of the Childhood Lead Exposure Prevention Amendment Act of 2017, passed on 2nd reading on July 11, 2017 (Enrolled version of Bill 22-29), the Mayor, pursuant to
"(d) Nothing in this section is intended to, or does, create a private right of action against any person or entity based upon compliance or noncompliance with its provisions. No person or entity may assert any claim or right as a beneficiary or protected class under this section in any civil, criminal, or administrative action against the District of Columbia.".
Sec. 5. The Child Development Facilities Regulation Act of 1998, effective April 13, 1999 (D.C. Law 12-215; D.C. Official Code § 7-2031 et seq.), is amended as follows:
(a) Section 2 (D.C. Official Code § 7-2031) is amended by adding new paragraphs (3A) and (7A) to read as follows:
"(3A)(A) "Drinking water source" means a source of water from which a person can reasonably be expected to consume or cook with the water originating from the source.
"(B) "Drinking water source" shall not include a source of water for which a child development facility posts a conspicuous sign pursuant to
"(7A) "Remediation steps" means, at a minimum, actions to:
"(A) Decrease the elevated lead concentration in a drinking water source to 5 parts per billion or less; or
"(B) Preclude people from consuming or cooking with water from a drinking water source.".
(b) A new section 21a is added to read as follows:
"Sec. 21a. Prevention of lead in drinking water in child development facilities.
"(a) Within 120 days of the effective date of the Childhood Lead Exposure Prevention Amendment Act of 2017 passed on 2nd reading on July 11, 2017 (Enrolled version of Bill 22-29), the Department of Energy and Environment ("DOEE") shall provide a list of approved contractors to all child development facilities, from which child development facilities shall select a contractor to assist in meeting the requirements of subsection (b) of this section.
"(b) By September 31, 2019, each licensed child development facility shall:
"(1) Locate all drinking water sources at the child development facility;
"(2) Install a filter that reduces lead in drinking water on each drinking water source in the child development facility and maintain the filters, at a minimum, in a manner consistent with the manufacturer's recommendations. Filters or all of the filter's component parts shall be certified for lead reduction to the National Sanitation Foundation ("NSF")/American National Standards Institute ("ANSI") Standard 53 for Health Effects or NSF/ANSI Standard 61 for Health Effects;
"(3) Post a conspicuous sign near each water source at the child development facility that is not a drinking water source, which includes an image that clearly communicates that the water source should not be used for cooking, when applicable, or consumed;
"(4) Test all drinking water sources at the child development facility for lead annually;
"(5) If a test conducted pursuant to paragraph (4) of this subsection shows a lead concentration over 5 parts per billion:
"(A) Shut off the drinking water source as soon as possible but no later than 24 hours after receiving the test result and keep the drinking water source shut off until a subsequent test shows that the lead concentration level is not over 5 parts per billion;
"(B) Determine, in writing, which remediation steps should be implemented to address the elevated lead concentration level;
"(C) Send the test result and remediation steps to parents or guardians of children at the child development facility through email or written communication within 5 business days of receiving the test result; and
"(D) Notify parents and guardians of children at the child development facility within 5 business days of the completion of the remediation steps required by subparagraph (B) of this paragraph.
"(c)(1) Any contractor selected pursuant to subsection (a) of this section shall, at times and in a manner to be determined by the Mayor, provide the child development facility that selected the contractor with written proof that the contractor's service complied with the requirements of this section.
"(2) A child development facility shall, at times and in a manner to be determined by the Mayor, provide proof of compliance with this section to DOEE.
"(d) After a child development facility provides proof of compliance to DOEE pursuant to subsection (c)(2) of this section and DOEE determines that the child development facility has complied with all the requirements of this section, DOEE shall:
"(1) Compensate the contractor selected pursuant to subsection (a) of this section, pursuant to rules issued pursuant to subsection (i) of this section; and
"(2) Notify the Office of the State Superintendent of Education ("OSSE") that the child development facility has complied with the requirements of this section.
"(e)(1) If a contractor provides a false or misleading proof of compliance under subsection (c)(1) of this section, the Mayor shall, for a 5-year period:
"(A) Remove the contractor from all DOEE-approved contractor lists;
"(B) Prohibit the contractor from participating in the activities described in this section; and
"(C) Prohibit the contractor from conducting business with the District government.
"(2) The penalty provided in this subsection shall be in addition to any other penalty provided by law.
"(3) A person aggrieved by an action of the Mayor taken pursuant to this subsection may appeal the action of the Mayor to the Office of Administrative Hearings pursuant to
"(f)(1) The Mayor may, at any reasonable time and with reasonable notice, and upon the presentation of appropriate credentials to, and with the consent of, the owner, operator, or person in charge:
"(A) Enter a child development facility to determine compliance with this section; and
"(B) Inspect and copy any record, report, or other document or information related to compliance with this section.
"(2) If the Mayor is denied access to enter a child development facility or to inspect and copy records pursuant to paragraph (1) of this subsection, the Mayor may apply to the Superior Court of the District of Columbia for a search warrant.
"(g) OSSE, in consultation with DOEE, shall provide to the Mayor, the Council, and the Healthy Schools and Youth Commission, no later than June 30 of each year, a report on child development facility compliance with this section.
"(h) Nothing in this subsection is intended to, or does, create a private right of action against any person or entity based upon compliance or noncompliance with its provisions. No person or entity may assert any claim or right as a beneficiary or protected class under this subsection in any civil, criminal, or administrative action against the District of Columbia.
"(i) Within 120 days after the effective date of the Childhood Lead Exposure Prevention Amendment Act of 2017, passed on 2nd reading on July 11, 2017 (Enrolled version of Bill 22-29), the Mayor, in consultation with OSSE, pursuant to
Sec. 6. Chapter 1 of Title 5-A of the District of Columbia Municipal Regulations (5-A DCMR § 100 et seq.) is amended as follows:
(a) Section 103.5 (5-A DCMR § 103.5) is amended by adding a new paragraph (c-1) to read as follows:
"(c-1) Proof of compliance with section 21a of the Facilities Act;".
(b) Section 104.5 (5-A DCMR § 104.5) is amended by adding a new paragraph (a-1) to read as follows:
"(a-1) Proof of compliance with section 21a of the Facilities Act;".
(c) Section 122.8 is amended to read as follows:
"122.8 A Licensee shall ensure that a Facility is:
"(a) Free of any lead-based paint hazards; and
"(b) In compliance with section 21a of the Facilities Act with respect to all drinking water sources.".
(d) Section 129.2 is amended by adding a new paragraph (c-1) to read as follows:
"(c-1) Proof of compliance with section 21a of the Facilities Act;".
Sec. 7. Section 6 of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code § 2-1831.03), is amended by adding a new subsection (b-14) to read as follows:
"(b-14) In addition to those cases described in subsections (a), (b), (b-1), (b-2), (b-3), (b-4), (b-5), (b-6), (b-7), (b-8), (b-9), (b-10), (b-11), (b-12), and (b-13) of this section,
Sec. 8. Section 2(7) of the Language Access Act of 2004, effective June 19, 2004 (D.C. Law 15-167; D.C. Official Code § 2-1931(7)), is amended by striking the phrase "examinations, and other similar materials." and inserting the phrase "examinations, and other similar materials. The term "vital documents" shall include written information and notifications sent to parents or guardians pursuant to section 501a(a)(2), (b)(2)(E)(iii), or (b)(2)(E)(v) of the Healthy Schools Act of 2010, passed on 2nd reading on July 11, 2017 (Enrolled version of Bill 22-29)." in its place.
Sec. 9. Within one year after the effective date of the Childhood Lead Exposure Prevention Amendment Act of 2017, passed on 2nd reading on July 11, 2017 (Enrolled version of Bill 22-29), the Mayor shall host 4 community meetings open to the public on the implementation of this act and notify the public about each meeting on the Department of General Services website at least one month before the meeting is held.
Sec. 10. Subtitle N of Title VI of the Fiscal Year 2018 Budget Support Act of 2017, passed on 2nd reading on June 27, 2017 (Enrolled version of Bill 22-244), is repealed.
Sec. 11. Applicability.
(a) Sections 2, 3, 4, 7, 8, and 9 shall apply upon the date of inclusion of their fiscal effect in an approved budget and financial plan.
(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council for certification.
(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.
(2) The date of publication of the notice of the certification shall not affect the applicability of sections 2, 3, 4, 7, 8, and 9.
Sec. 12. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 13. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.
