RCW 43.70.830
Lead contamination in drinking water in school buildings—Sampling and testing—Data-sharing agreement.
(1) The department shall conduct sampling and testing for lead contamination at drinking water outlets in school buildings built, or with all plumbing replaced, before 2016 as specified in this section. The department meets the requirements of this section when a school contracts for sampling and testing that meets the requirements of this section and submits the test results to the department according to a procedure and deadlines determined by the department.
(2) Sampling and testing for the presence and level of lead in drinking water must meet the technical requirements described in the technical guidance.
(3)(a) Initial testing for lead contamination in drinking water must be conducted between July 1, 2014, and June 30, 2026.
(b) Retesting for lead contamination in drinking water must be conducted no less than every five years beginning July 1, 2026.
(4)(a) The department shall develop and publish a two-year plan for sampling and testing. The plan must be updated at least annually. Prior to adding a school to the plan, the department must contact the school to determine whether the school has contracted, or is planning to contract, for sampling and testing.
(b) Beginning July 1, 2026, in developing the two-year plan for sampling and testing, the department must group school buildings by governing body and then prioritize the groups based on the combined length of time since each school building built, or with all plumbing replaced, before 2016 was sampled and tested.
(5) The department shall enter a data-sharing agreement with the office of the superintendent of public instruction for the purpose of compiling a list of school buildings built, or with all plumbing replaced, before 2016.
(6) The definitions in RCW 28A.210.410 apply throughout this section unless the context clearly requires otherwise.
[ 2021 c 154 § 3.]
NOTES:
Findings—Intent—2021 c 154: "(1) The legislature recognizes that the United States environmental protection agency and centers for disease control and prevention acknowledge that there is no known safe level of lead in a child's blood. Even low levels of lead exposure can cause permanent cognitive, academic, and behavioral difficulties in children. The American academy of pediatrics recommends government action to ensure that the lead concentration in drinking water at schools does not exceed one part per billion.
(2) The legislature finds that the department of health sampled and tested drinking water outlets in 551 elementary schools between 2017 and 2020. 82 percent of these schools had lead contamination of five or more parts per billion in one or more drinking water outlets and 49 percent of these schools had lead contamination of 15 or more parts per billion in one or more drinking water outlets.
(3) The legislature acknowledges that the department of health was appropriated $1,000,000 in the 2019-2021 fiscal biennium to continue the testing for lead contamination in school drinking water. The legislature also finds that the office of the superintendent of public instruction was appropriated funds in the 2019-2021 fiscal biennium for the healthy kids/healthy schools initiative. Part of these funds are for the purpose of distributing grants to school districts for remediation of elevated lead levels in drinking water. The legislature encourages districts to apply for these grants when lead test results reveal elevated lead levels, which are lead levels above five parts per billion.
(4) The legislature acknowledges the historically inequitable distribution of lead exposure for communities of color and of low socioeconomic status and plans to make a priority the protection of children from the dangers of lead exposure through school drinking water. The legislature, therefore, intends to require that drinking water outlets in elementary and secondary school buildings built, or with all plumbing replaced, before 2016 be tested for the presence and level of lead contamination by June 30, 2026, and every five years thereafter. The legislature also intends to require that schools notify the school community of lead test results and develop action plans for remediation if test results exceed the health-based standard of five parts per billion.
(5) The legislature recognizes that the youngest children are the most vulnerable to lead exposure and that many of these children spend significant amounts of time at child care facilities.
(6) This act is named for the director of the Washington public interest research group who developed and advocated for this legislation before dying of cancer in 2019 and may be known as the Bruce Speight protect children from being exposed to lead in school drinking water act." [ 2021 c 154 § 1.]
Short title—2021 c 154: "This act may be known and cited as the Bruce Speight protect children from being exposed to lead in school drinking water act." [ 2021 c 154 § 8.]
Structure Revised Code of Washington
Title 43 - State Government—Executive
Chapter 43.70 - Department of Health.
43.70.020 - Department created.
43.70.030 - Secretary of health.
43.70.040 - Secretary's powers—Rule-making authority—Report to the legislature.
43.70.041 - Five-year formal review process of existing rules.
43.70.045 - Warren Featherstone Reid Award for Excellence in Health Care.
43.70.047 - Warren Featherstone Reid Award for Excellence in Health Care.
43.70.050 - Collection, use, and accessibility of health-related data.
43.70.053 - Hospital consolidated annual income—Reporting.
43.70.054 - Health care data standards—Submittal of standards to legislature.
43.70.060 - Duties of department—Promotion of health care cost-effectiveness.
43.70.068 - Quality assurance—Interagency cooperation.
43.70.070 - Duties of department—Analysis of health services.
43.70.075 - Identity of whistleblower protected—Remedy for retaliatory action—Definitions—Rules.
43.70.080 - Transfer of powers and duties from the department of social and health services.
43.70.090 - Authority to administer oaths and issue subpoenas—Provisions governing subpoenas.
43.70.097 - Enforcement in accordance with RCW 43.05.100 and 43.05.110.
43.70.110 - License fees—Costs—Other charges—Waiver.
43.70.115 - Licenses—Denial, suspension, revocation, modification.
43.70.120 - Federal programs—Rules—Statutes to be construed to meet federal law.
43.70.125 - Health care facility certification—Unfunded federal mandates—Applicant fees.
43.70.130 - Powers and duties of secretary—General.
43.70.140 - Annual conference of health officers.
43.70.150 - Registration of vital statistics.
43.70.190 - Violations—Injunctions and legal proceedings authorized.
43.70.195 - Public water systems—Receivership actions brought by secretary—Plan for disposition.
43.70.210 - Right of person to rely on prayer to alleviate ailments not abridged.
43.70.220 - Transfer of powers and duties from the department of licensing.
43.70.230 - Office of health consumer assistance created—Duties.
43.70.240 - Written operating agreements.
43.70.250 - License fees for professions, occupations, and businesses.
43.70.270 - License moratorium for persons in the service—Rules.
43.70.290 - Funeral directors and embalmers subject to chapter 18.130 RCW.
43.70.310 - Cooperation with department of ecology.
43.70.323 - Hospital infection control grant account.
43.70.327 - Public health supplemental account—Annual statement.
43.70.334 - Temporary worker housing—Definition.
43.70.337 - Temporary worker housing building permit—Plans and specifications—Fees—Rules.
43.70.400 - Head injury prevention—Legislative finding.
43.70.410 - Head injury prevention—Program, generally.
43.70.420 - Head injury prevention—Information preparation.
43.70.435 - Diagnosed concussions of students—Report.
43.70.440 - Head injury prevention act—Short title—1990 c 270.
43.70.444 - Washington plan for suicide prevention—Steering committee—Report.
43.70.446 - Suicide-safer homes project—Suicide-safer homes project account.
43.70.470 - Retired health care provider liability malpractice insurance—Conditions.
43.70.480 - Emergency medical personnel—Futile treatment and natural death directives—Guidelines.
43.70.495 - Telemedicine training for health care professionals.
43.70.500 - Health care services practice indicators and risk management protocols.
43.70.510 - Health care services coordinated quality improvement program—Rules.
43.70.512 - Public health system—Foundational public health services—Intent.
43.70.515 - Foundational public health services—Funding.
43.70.525 - Immunization assessment and enhancement proposals by local jurisdictions.
43.70.526 - Childhood immunizations—Resources for expecting parents.
43.70.533 - Chronic conditions—Training and technical assistance for primary care providers.
43.70.540 - Data collection—Legislative finding and intent.
43.70.545 - Data collection and reporting rules.
43.70.550 - Public health services improvement plan—Contents.
43.70.555 - Assessment standards.
43.70.560 - Media violence—Reporting reduction efforts.
43.70.590 - American Indian health care delivery plan.
43.70.595 - Health equity zones.
43.70.600 - Survey regarding exposure to radio frequencies—Results.
43.70.605 - Personal wireless services—Random testing on power density analysis—Rules.
43.70.610 - Domestic violence education program—Established—Findings.
43.70.613 - Health care professionals—Health equity continuing education.
43.70.617 - Prenatal nutrition best practices—Educational resources for pregnant women.
43.70.619 - Pregnancy complications—Informational resources.
43.70.620 - List of contacts—Health care professions.
43.70.630 - Cost-reimbursement agreements.
43.70.640 - Workplace breastfeeding policies—Infant-friendly designation.
43.70.645 - Donor human milk—Milk bank safety standards.
43.70.650 - School sealant endorsement program—Rules—Fee—Report to the legislature.
43.70.660 - Product safety education.
43.70.665 - Early detection breast and cervical cancer screening program—Medical advisory committee.
43.70.670 - Human immunodeficiency virus insurance program.
43.70.675 - Public health advisory board.
43.70.680 - Volunteers for emergency or disaster assistance.
43.70.690 - State asthma plan.
43.70.705 - Fall prevention program.
43.70.715 - COVID-19 public health response account.
43.70.720 - Universal vaccine purchase account.
43.70.725 - Health extension program—Dissemination of evidence-based tools and resources—Rules.
43.70.738 - Down syndrome resources—Development.
43.70.740 - Adjudicative proceedings.
43.70.765 - Opioid drugs—Warning—Patient education materials.
43.70.770 - State opioid response plan.
43.70.780 - Fruit and vegetable incentives program.
43.70.790 - Health care facility inspection and investigation availability.
43.70.800 - Oversight, consolidation, and standardization—Review.
43.70.810 - Provision of medical information—Dissemination of requirements and authority.
43.70.815 - Environmental health disparities map.
43.70.820 - Environmental justice obligations of the department of health.
43.70.825 - School-based health center program office.
43.70.835 - Lead contamination in drinking water in school buildings—State-tribal compact schools.
43.70.840 - Lead contamination in drinking water in school buildings—Technical guidance.
43.70.850 - Suicide-safer homes task force.
43.70.901 - References to the director or department of licensing—1989 1st ex.s. c 9.
43.70.902 - References to the hospital commission—1989 1st ex.s. c 9.