States that fail to establish programs to help communities test school drinking water for lead would lose access to Drinking Water State Revolving Fund (DWSRF) assistance under legislation introduced in the Senate on April 11. The bill mirrors similar legislation that was offered in the House in March as H.R. 4879.
Sponsored by Sen. Cory Booker (D-N.J.), the “Transparent Environment in School Testing (TEST) for Lead Act” (S. 2776) would block a state’s access to DWSRF dollars if the state does not carry out a program to test for lead in water from school food preparation faucets, bathroom sinks, and water fountains. The tests would have to occur at least twice per year at schools built before 1996, and at least annually at newer schools. If testing indicates “a level of lead that exceeds a lead action level,” then schools would be required to notify parents, the state, and EPA with 48 hours. Sen. Booker’s bill would also allow states to use DWSRF set aside funds to train school personnel on issues related to lead in drinking water, and for helping schools carry out lead remediation activities following the detection of high levels of lead.
Sen. Booker’s proposal was met on Capitol Hill with some concerns from the water sector and other lawmakers, who expressed worry about the possibility of communities losing access to DWSRF dollars through no fault of their own. The bill now appears unlikely to advance, as New York Democratic Senator Charles Schumer days later introduced another school water screening bill (S. 2830) that would offer federal grant funds to states that establish voluntary lead testing programs in schools. Sen. Booker signed onto this bill as a cosponsor, and S. 2830 (but not S. 2776) was incorporated into the WRDA legislation the Senate Environment and Public Works Committee plans to consider before the end of the month.