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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 last week.  The bill closely resembles similar legislation that was offered in the House in March.

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 within 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.

New Jersey Democratic Rep. Donald Payne, Jr. introduced a similar bill in the House in March as H.R. 4879 following the discovery of elevated lead levels in the drinking water of 30 public schools in Newark.  Sen. Booker may attempt to add his bill to an upcoming reauthorization of the Water Resources Development Act, but AMWA and other water sector organizations have raised concerns about potentially cutting off communities’ access to SRF funds.