Bill > A4675

Introduced Session

This bill would require child care centers to test for and remediate lead in drinking water, and disclose their test results. Specifically, under the bill, each child care center would be required to undertake periodic testing of each drinking water outlet used by the child care center in the building where the child care center is located for the presence of lead. The tests would be conducted by a certified laboratory in accordance with the sampling and testing methods specified in the United States Environmental Protection Agency's (EPA) technical guidance for reducing lead in drinking water at child care centers, or more protective technical guidance that may be issued by the Department of Environmental Protection (DEP). The initial tests would be conducted no later than 90 days after the effective date of the bill, and subsequent tests would be conducted every five years thereafter, unless the DEP determines, on a case-by-case basis, that more or less frequent testing is necessary or sufficient to protect the public health. A child care center may obtain an exemption from the requirement to conduct initial testing if it demonstrates to the DEP that it has conducted testing that substantially complies with the technical guidance within two years prior to the effective date of the bill, and any drinking water outlet that was found to have an elevated lead level has either been removed from service or remediated. Under the bill, a child care center may seek the assistance of a local health agency or public water system to help ensure compliance with the bill. Nothing in the bill would prevent a child care center from conducting more frequent testing than required by the bill. The testing requirements would not apply to a child care center that is considered a public water system under federal law and meets the applicable standards for lead in drinking water supplied by public water systems. If testing conducted pursuant to the bill reveals an elevated lead level at a drinking water outlet, the child care center would be required to immediately shut or close off access to that outlet and report the test results to the DEP. The child care center and the owner of the building in which the child care center is located, in consultation with the DEP, would be required to conduct follow-up testing to determine the source of the lead, and take appropriate remedial measures to ensure that children are not exposed to water with an elevated lead level and have access to free, fresh, and clean drinking water. Remedial measures may include permanently shutting or closing off access to the drinking water outlet, providing an alternative source of water, manual or automatic flushing, installing and maintaining a filter, and replacing outlets, plumbing, or service lines contributing to the elevated lead level. Under the bill, each child care center would be required to maintain the complete results of the testing conducted under the bill, and information on any measures being taken to remediate a drinking water outlet found to have an elevated lead level. The DEP would have the authority to inspect this information during regular business hours and without prior notice. Child care centers would also be required to post a summary of this information in a conspicuous location near the entrance of the child care center, and notify parents (including guardians) and employees of the child care center of the availability of the information. If test results reveal an elevated lead level at a drinking water outlet, the child care center would be required to immediately notify parents and child care center employees directly. The bill would require the DEP, within 30 days after the effective date of the bill, to provide to each child care center with the EPA's technical guidance for reducing lead in drinking water at child care centers, a summary of the sampling and testing methods contained in the technical guidance, a list of each laboratory in the State certified to conduct lead testing, and any other information the DEP deems relevant.

AI Summary

Committee Categories

Verlina Reynolds-Jackson (D)*,  Gary Schaer (D)*, 

Introduced, Referred to Assembly Children, Families and Food Security Committee (on 06/28/2024)

Official Document