Amends TCA Title 49, Chapter 1 and Title 49, Chapter 2.

This bill revises the provisions governing testing water quality in schools, as discussed below. Present law requires each local board of education to develop a policy to implement a program to reduce the potential sources of lead contamination in drinking water in public schools that incorporates, at a minimum, periodic, not to exceed biennial, testing of lead levels in drinking water sources at school facilities that were constructed prior to January 1, 1998, utilizing samples consisting of the first 250 milliliters drawn of water that has been standing in plumbing overnight to identify lead levels. Present law authorizes school facilities that were constructed on or after January 1, 1998, to conduct periodic testing. This bill revises the above provisions to require the department of education, in consultation with the department of health, to develop the above-described testing program, instead of each local board. Additionally, this bill broadens the applicability of the requirements to apply to public charter schools and child care programs that are certified by the department of education, in addition to public schools. Under this bill, local boards of education must adopt and implement the program developed by the department or a program developed by the local board to reduce the potential sources of lead contamination in drinking water in the local board's public schools. Public charter schools that operated within the boundaries of an LEA facility constructed prior to January 1, 1998, must adopt and implement the program developed by the department, the program developed by the LEA, or a program developed by the public charter school to reduce the potential sources of lead contamination in drinking water in the public charter school. Additionally, child care programs certified by the department and that operate within the boundaries of an LEA facility prior to January 1, 1998, must adopt and implement the program developed by the department, the LEA, or the child care program to reduce the potential sources of lead contamination in drinking water in the child care facility. Under present law, if the result of a lead level test exceeds 15 parts per billion but is less than 20 parts per billion, the school must conduct lead level tests on an annual basis until retesting confirms that the level is less than 15 parts per billion. If the result of a lead level test is equal to or exceeds 20 parts per billion, the school must: (1) Immediately remove drinking water source from service and keep unavailable for use until subsequent retesting confirms the level does not exceed 20 parts per billion; (2) Notify the commissioner of environment and conservation, the commissioner of health, the local department of health, the local governing body, and the department of education within 24 hours of the test result; and notify the parents and guardians of students enrolled at the school, in accordance with the notification policy developed by local boards of education, within five business days of the test result; and (3) Retest the lead level of the drinking water source within 90 days of any corrective action. This bill revises the timing for required testing of lead levels to be at least biennial. Public schools, public charter schools, and child care programs operating in facilities constructed on or after January 1, 1998, may conduct periodic testing. This bill requires that if a lead test is conducted and is equal to or exceeds 15 parts per billion (15 ppb), then the public school, public charter school, or child care program must: (1) Immediately remove the drinking water source from service and keep the source unavailable until retesting, as discussed below, confirms the lead to be less than 15 ppb; (2) Notify, within 24 hours of the test result, the following: (A) The commissioner of environment and conservation, the commissioner of health, the local health department, the local governing body, and the commissioner of education; and (B) The parents or guardians of children enrolled at the public school, public charter school or child care program, in accordance with a notification policy developed by the local board of education, including all language indicated in an LEA's home language survey in accordance of Title VI of the Civil Rights Act of 1964; (3) Allow the local department of health to inspect the site of the drinking water source to confirm that the drinking water source has been removed from service; (4) Develop a corrective action plan within five days of notification of the lead results and post the plan to the school or program's website; (5) Retest the lead level of the drinking water within 30 days of the corrective action; and (6) Conduct lead level tests on an annual basis until retesting confirms that the lead level is less than 15 ppb. Additionally, this bill requires public schools, public charter schools, or child care programs operating in a facility constructed prior to January 1, 1998 to comply with the requirements of a water testing program adopted for the purposes of this present law, as amended by this bill.