A bill for an act
relating to education; modifying lead in school drinking water requirements;
establishing an account in the special revenue fund; appropriating money; amending
Minnesota Statutes 2023 Supplement, section 121A.335, subdivisions 1, 2, 3, 5,
by adding subdivisions; repealing Minnesota Statutes 2023 Supplement, section
121A.335, subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2023 Supplement, section 121A.335, subdivision 1, is
amended to read:
new text begin (a) new text end The commissioners of health and education shall jointly
develop a model plan to require school districts to deleted text begin accurately and efficiently test fordeleted text end new text begin develop
a drinking water management plan for reducingnew text end the presence of lead in water in public
school buildings serving students in kindergarten through grade 12new text begin and serving children in
child care facilitiesnew text end . To the extent possible, the commissioners shall base the plan on the
standards established by the United States Environmental Protection Agency. The plan may
be based on the technical guidance in the Department of Health's document, "Reducing
Lead in Drinking Water: A Technical Guidance for Minnesota's School and Child Care
Facilities." The plan must include recommendations for remediation efforts when testing
reveals the presence of lead at or above five parts per billion.
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(b) By August 1, 2025, the commissioners of health and education must revise the model
plan to include the following:
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(1) the location of each water outlet, specifying one of the following three categories:
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(i) the location where a water outlet will be maintained to deliver water for human
consumption, whether as drinking water or as a component of a food or beverage, specifying
one of the following two categories:
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(A) the location where a filtered bottle-filling station will be maintained. The plan must
provide for the maintenance of at least one filtered bottle-filling station for every 75 occupants
of the school, not including visitors or individuals attending special events; or
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(B) the location where a filtered faucet will be maintained. The plan may provide for
the maintenance of filtered faucets only when the installation of a filtered bottle-filling
station is not feasible but a water outlet for human consumption is necessary, including but
not limited to kitchens, nurses' stations, preschool classrooms, and teachers' lounges;
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(ii) the location where a water outlet will be maintained for purposes other than as
described in clause (i); and
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(iii) the location where a water outlet will be shut off or rendered permanently inoperable;
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(2) an established schedule for when each of the following will occur:
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(i) annual water sampling and testing of the filtered water at each filtered bottle-filling
station and filtered faucet in the school to ensure that the filters are properly installed and
each location provides water with a lead concentration of not more than five parts per billion;
and
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(ii) regular replacement of the filter cartridge for each filtered bottle-filling station and
filtered faucet in compliance with the manufacturer instructions or recommendations of the
commissioners;
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(3) a requirement that water sampling and testing must be conducted by drawing from
all of the bubbler fixtures of the filtered bottle-filling stations and filtered faucets, and by
collecting the water in 250 milliliter bottles after at least an eight-hour stagnation period
and before any water use occurs at the school; and
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(4) a requirement that if the testing of filtered water at a filtered bottle-filling station or
filtered faucet indicates the presence of lead at a concentration of at least one part per billion
but not more than five parts per billion, the district or charter school must:
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(i) immediately check the status of the filter or filters at the filtered bottle-filling station
or filtered faucet and replace the filter cartridge if the status light indicates that replacement
is or will soon be required;
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(ii) ensure the filtered bottle-filling station or filtered faucet is properly installed;
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(iii) resample and retest the filtered water; and
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(iv) if the water sampling and testing indicates the presence of lead at a concentration
of at least one part per billion but not more than five parts per billion, send to the Department
of Education and the Department of Health a copy of the test results and documentation of
the make and model of the filtered bottle-filling station or filtered faucet and filter cartridge,
and consult with the Department of Education and the Department of Health and filtered
bottle-filling station or filtered faucet manufacturer.
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This section is effective July 1, 2024.
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Minnesota Statutes 2023 Supplement, section 121A.335, is amended by adding a
subdivision to read:
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(a) For purposes of this section, the following terms have the
meanings given.
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(b) "Filtered bottle-filling station" or "station" means an apparatus that meets all of the
following requirements:
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(1) is connected to customer site piping;
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(2) filters water and is certified to meet NSF/ANSI standard 53 for lead reduction and
NSF/ANSI standard 42 for particulate removal;
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(3) has a flow rate through the station that is paired to the specified flow rate of the filter
cartridge;
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(4) has a light or other device to indicate filter cartridge replacement status;
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(5) is designed to fill drinking bottles or other containers for personal water consumption;
and
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(6) includes a drinking fountain.
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(c) "Filtered faucet" means a faucet that at the point of use includes a filter that is certified
to meet NSF/ANSI standard 53 for lead reduction and NSF/ANSI standard 42 for particulate
removal.
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(d) By October 1, 2025, a school must not install a drinking fountain, unless the drinking
fountain is a filtered bottle-filling station.
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This section is effective July 1, 2024.
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Minnesota Statutes 2023 Supplement, section 121A.335, subdivision 2, is amended
to read:
(a) By July 1, 2018, the board of each school district or charter
school must adopt the commissioners' model plan or develop and adopt an alternative plan
to accurately and efficiently test for the presence of lead in water in school buildings serving
prekindergarten students and students in kindergarten through grade 12.
(b) By July 1, 2024, a school district or charter school must revise its plan to include its
policies and procedures for ensuring consistent water quality throughout the district's or
charter school's facilities. The plan must document the routine water management strategies
and procedures used in each building or fa