Bill
S 631
Mandates annual lead testing of every drinking-water outlet in schools and child care, with a 1 ppb standard, immediate shutoffs for elevated results, and certified filters.
Status & procedural history
- Introduced in the Massachusetts Senate (filed 1/16/2025; docket No. 1547; Senate bill No. 631). Presented by Sen. Joan B. Lovely (and co‑petitions listed).
- Legislative actions: introduced 2/19/2025; referred to Environment & Natural Resources; hearing scheduled 6/3/2025; reported favorably by committee and referred to Senate Ways & Means 7/03/2025.
- Note: the metadata provided contains inconsistencies (e.g., other sponsor names and duplicate “REFERRED TO AGING” entries) that appear to be erroneous. The bill text and docket show a Massachusetts state Senate measure concerning lead in school drinking water.
Purpose and intent
- Establish statewide requirements to detect and remediate lead contamination in drinking water at schools (pre‑K–12) and child care centers to protect children’s health by ensuring access to lead‑free drinking water.
Key definitions (selected)
- “Elevated lead level”: a health‑based standard in which lead concentration in drinking water exceeds 1 part per billion (ppb).
- “Certified point‑of‑use filter”: a filter certified to NSF/ANSI 53 (lead reduction) and NSF/ANSI 42 (particulate, Class I) by an ANAB‑accredited body (or a tougher subsequent standard).
- “Drinking water outlet”: any fountain, faucet, tap or other end‑point used for drinking or food preparation (includes ice/hot‑drink machines).
Major requirements and provisions
- Annual testing: Each school and child care center must test every drinking water outlet for elevated lead levels at least annually, using sampling methods in the Department of Environmental Protection’s (DEP) technical guidance. Schools that have not participated in the state Assistance Program must complete initial testing within six months of the law’s effective date.
- Flexibility: The DEP commissioner may require more or less frequent testing on a case‑by‑case basis.
- Immediate remediation for elevated results:
- Shut off any outlet testing above the standard immediately. Outlets may be reactivated only after two certified tests show no elevated lead.
- Install and maintain certified point‑of‑use filters at all drinking water outlets (except water fountains) within 18 months, unless outlets are removed and reasonable access to free, safe water is preserved.
- Permanently shut off existing unfiltered water fountains and replace them with filtered bottle‑filling stations (plus appropriate water‑fountain outputs) at a rate of one station per 75 students.
- Establish a filter maintenance and oversight schedule per DEP technical guidance.
- If filters do not produce two clean tests within six months, schools must pursue additional remediation (e.g., replace lead‑bearing fixtures/plumbing, install lead‑free fixtures).
- Reporting and oversight: Schools and child care centers must submit plans of action and progress reports to DEP and the Department of Public Health (DPH) (the full reporting list in the text is truncated but reporting is required). Local boards of health, public water systems, and DEP may assist compliance.
Compliance, enforcement & implementation
- DEP is tasked with issuing technical guidance for sampling, remediation, and testing methods.
- Certified laboratories and accredited certification bodies are required for testing and filter certifications.
- The bill does not specify dedicated funding or appropriations for testing, filter purchase/installation, or plumbing replacement — local districts and centers may face capital and ongoing maintenance costs.
Who is affected
- Public school districts, charter schools, non‑public schools (pre‑K through 12), and child care centers across the Commonwealth; students, staff, families; local boards of health; DEP and DPH (administration and oversight); school facilities and maintenance budgets.
Potential impacts and considerations
- Public‑health benefit: lowers children’s exposure to lead from drinking water and brings a uniform standard (1 ppb) and remediation pathway.
- Costs: testing, certified filters, installation, maintenance, replacement of fixtures, and upgraded bottle‑filling stations will create fiscal impacts for school districts and centers; absence of explicit funding in the bill may necessitate appropriations or grant programs.
- Operational: requires ongoing testing, recordkeeping, and maintenance systems; DEP technical guidance will shape implementation specifics.
Related legislation
- Related and prior session bills are listed (e.g., SD 1547, S 3196, S 637, companion A 5235), indicating prior legislative movement on school lead testing and remediation.
Next procedural steps
- Committee hearings and budget/appropriations review (Senate Ways & Means) are ongoing steps before potential floor votes and any enactment.
Compiled from official sources — confirm details with the bill’s official record.
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