AB 129

By no later than approximately 15 months after the date this bill becomes law, the governing body of each public and private school in this state must develop a drinking water management plan for the private or public school. Under the bill, each drinking water management plan must 1) specify the locations of filtered bottle-filling stations and filtered faucets maintained to deliver water for human consumption, of water outlets maintained for purposes other than for human consumption, and of water outlets that are shut off or permanently inoperable; 2) provide at least one filtered bottle-filling station for every 100 occupants of the school; 3) provide for the installation of a filtered faucet only when the installation of a filtered bottle-filling station is not feasible and a water outlet for human consumption is necessary; and 4) provide a schedule for water sampling and testing at each filtered bottle-filling station and filtered faucet in the school for lead, perfluorooctanoic acid (PFOA), and perfluorooctane sulfonate (PFOS) and a schedule for replacing filter cartridges used in filtered bottle-filling stations and filtered faucets.

Under the bill, if water testing under a drinking water management plan indicates lead at a concentration between one part per billion and five parts per billion, the governing body of a public or private school must take certain actions, including checking water filters, ensuring that the filtered bottle-filling station or faucet is properly installed, and retesting the filtered water. If water testing under a drinking water management plan indicates lead at a concentration that is more than five parts per billion or the presence of PFOA or PFOS at a level that exceeds a state or federal standard, the governing body of a public or private school must immediately shut off the water outlet, post a sign stating that the water outlet is shut off due to the high concentration of lead, PFOA, or PFOS, whichever applies, replace the water filters, and retest the water. If the subsequent water testing continues to indicate lead, PFOA, or PFOS that exceeds the relevant threshold, the governing body of the public or private school must 1) within 30 days, send a copy of the test results and information provided by the Department of Natural Resources about childhood exposure to lead or PFOA and PFOS, whichever is applicable, to parents and guardians of pupils who attend the school and to the Department of Public Instruction and 2) develop a remediation plan in consultation with DPI. Under the bill, all water testing must be conducted at a laboratory certified for lead and copper testing using the method approved by the federal environmental protection agency.

By August 1, 2027, the bill requires the governing body of each public and private school to install filtered bottle-filling stations and filtered faucets in accordance with the school’s drinking water management plan, and to shut off all water outlets that provide water for human consumption that are not filtered bottle-filling stations or filtered faucets. Beginning approximately 15 months after the bill becomes law, the bill prohibits the installation of a drinking fountain that is not a filtered bottle-filling station in a public or private school.

The bill requires DPI to assist governing bodies of public and private schools to comply with the requirements created in the bill. Specifically, the bill requires DPI to develop a drinking water management plan template, to make annual training available related to water sampling and testing protocols and other activities relevant to complying with the requirements created in the bill, and to provide various information related to filtered bottle-filling stations, filtered faucets, and filter cartridges. Finally, the bill authorizes DPI to award grants to governing bodies of public and private schools to assist with the costs of complying with the requirements in the bill. The bill does not provide funding for these grants but does require DPI to submit a request for supplemental funding to the Joint Committee on Finance.