D.C. Law 24-255. Child Development Facility Lead Testing Amendment Act of 2022.
AN ACT
To amend the Child Develop Facilities Regulation Act of 1998 to clarify that drinking water sources shall not include sources of water for which a conspicuous sign is posted, to authorize the Department of Energy and Environment to assist child development facilities in meeting the lead testing and remediation requirements, to require that child development facilities with public-facing websites post on the child development facility's website the results of testing for lead in drinking water, including the timing of the test, planned remediation, and the date of remediation, to prescribe how the Department of Energy and Environment is to provide information to child development facilities that the agency has agreed to assist with meeting lead testing and remediation requirements, to require the Department of Energy and Environment to post information received by the agency from a child development facility on lead testing within 30 days after receipt of results, and to require that the Department of Energy and Environment post information received by the agency from a child development facility on lead testing prior to the effective date of this act within 120 days after the effective date of this act.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Child Development Facility Lead Testing Amendment Act of 2022".
Sec. 2. 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(3A)(B) (D.C. Official Code § 7-2031(3A)(B)) is amended by striking the phrase "which a child development facility posts a conspicuous sign" and inserting the phrase "which a conspicuous sign is posted" in its place.
(b) Section 21a (D.C. Official Code § 7-2051) is amended as follows:
(1) Subsection (a) is amended to reads as follows:
"(a)(1) The Department of Energy and Environment ("DOEE") shall provide a list of approved contractors to all child development facilities, from which child development facilities or DOEE shall select a contractor to assist in meeting the requirements of subsection (b) of this section.
"(2) DOEE may assist child development facilities in meeting the requirements of subsection (b) of this section, including contracting on behalf of the child development facility for services.".
(2) Subsection (b) is amended as follows:
(A) The lead-in language is amended by striking the phrase "facility shall" and inserting the phrase "facility or, where DOEE agrees to assist the child development facility with meeting the requirements of this subsection, DOEE shall" in its place.
(B) A new paragraph (4A) is added to read as follows:
"(4A) Where the child development facility has a public-facing website, the child development facility shall post on the child development facility's website the results of testing undertaken pursuant to paragraph (4) of this subsection, by drinking water source, within 14 calendar days of the child development facility's receipt of the results, including the date and time of the testing, and any remediation planned pursuant to paragraph (5)(B) of this section;".
(C) Paragraph (5) is amended as follows:
(i) Subparagraph (C) is amended to read as follows:
"(C)(i) Where DOEE has agreed to assist a child development facility with meeting the requirements of this subsection, DOEE shall send the test results and remediations steps to the child development facility within 5 business days of the agency receiving the test results; and
"(ii) The child development facility shall send the test results 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 results;".
(ii) Subparagraph (D) is amended to read as follows:
"(D)(i) Where DOEE has agreed to assist a child development facility with meeting the requirements of this subsection, DOEE shall send notice of the completion of the remediations steps identified pursuant to subparagraph (B) of this paragraph to the child development facility with 5 business days of their completion; and
"(ii) The child development facility shall provide notice to parents and guardians of children at the child development facility:
"(I) Where DOEE has agreed to assist the child development facility with meeting the requirements of this subsection, within 5 business days of the child development facility receiving notice from DOEE of the completion of the remediation steps required by subparagraph (B) of this paragraph; or
"(II) Where DOEE has not agreed to assist the child development facility with meeting the requirements of this subsection, within 5 business days of the completion of the remediation steps required by subparagraph (B) of this paragraph; and".
(iii) A new paragraph (E) is added to read as follows:
"(E) Where the child development facility has a public-facing website, the child development facility shall post notice of the completion of any remediation, including the date of completion and the results of testing drinking water sources after the completion of the remediation, on the child development facility's website in a location accessible to the public within 5 days after providing notice to parents under subparagraph (D) of this paragraph.".
(3) Subsection (c) is amended as follows:
(A) Paragraph (1) is amended as follows:
(i) The existing text is designated as subparagraph (A);
(ii) The newly redesignated subparagraph (A) is amended by striking the phrase "provide the child" and inserting the phrase "provide DOEE or the child" in its place.
(iii) A new subparagraph (B) is added to read as follows:
"(B) Where applicable, DOEE shall provide a child development facility that DOEE provided with assistance under this section with a report or other information on actions taken pursuant to subsection (b) of this section, including providing written proof of compliance with this section that is provided to DOEE pursuant to subparagraph (A) of this subsection.".
(B) Paragraph (2) is amended by striking the phrase "to DOEE" and inserting the phrase "to DOEE and the Office of the State Superintendent ("OSSE"); provided, where DOEE provides a child development facility with written proof of compliance pursuant to paragraph (1)(B) of this subsection, the child development facility shall provide that proof of compliance to OSSE where required to do so by OSSE" in its place.
(4) Subsection (d) is amended by striking the phrase "After a child" and inserting the phrase "Where DOEE has not contracted with a contractor on behalf of the child development facility for services required under this subsection (b) of this section, after the child" in its place.
(5) Subsection (g) is amended as follows:
(A) The existing text is designated as paragraph (1).
(B) A paragraph (2) is added to read as follows:
"(2) DOEE shall post on the DOEE website, in a location accessible to the public, information received by DOEE as proof of compliance with this section, including, by drinking water source, the date, time, and location of testing, test results, planned remediation, the date of completion of the planned remediation, and the results of testing of drinking water sources after the completion of the planned remediation:
"(A) For information regarding services conducted at child development facilities pursuant to this section provided to DOEE after the effective date of the Child Development Facility Lead Testing Amendment Act, passed on 2nd reading on October 18, 2022 (Enrolled version of Bill 24-730) ("Act"), within 30 days after receipt of a child development facility's proof of compliance under subsection (c) of this section; and
"(B) For information regarding services conducted at child development facilities pursuant to this section provided to DOEE before the effective date of the Act, within 120 days after the effective date of the Act.".
(6) Subsection (i) is amended to read as follows:
"(i) The Mayor, pursuant to
Sec. 3. 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 (12 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 4. 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.
