Bill Summaries: H1074 (2015-2016 Session)

Tracking:
  • Summary date: Jun 30 2016 - View summary

    House amendment #4 makes the following changes to the 2nd edition, as amended. 

    Deletes the appropriation provisions found in Part III of the act and replaces them with the following provisions. 

    Directs the Department of Health and Human Services (DHHS) to use funds available to reimburse schools and child care facilities for costs associated with testing drinking water for lead as well as pay for the costs of having DHHS or a local health department conduct sampling and analysis of the drinking water on behalf of the schools and child care facilities.  Requires appropriate documentation to be submitted for authentication before reimbursement is released. 

    Directs the Divisions of Public Health and Child Development and Early Education in DHHS, the Department of Environmental Quality, and the Department of Public Instruction to use available agency funds to support the implementation of Section 2, the testing for the presence of lead in drinking outlets as specified and Section 3, the development and implementation of necessary information technology infrastructure.

    Directs DHHS to use available funds to coordinate with the NC Government Data Analytics Center to develop and implement the database and reporting infrastructure necessary to support Sections 2 and 3.

    Allows DHHS to use available funds, only after all specified priority costs have been covered, to reimburse schools and child care facilities for costs for (1) the provision of alternative drinking water, (2) the identification and removal of drinking water infrastructure that contains lead, and (3) the installation of replacement infrastructure or water treatment devices when authenticating documentation is submitted proving the installation of such replacement infrastructure or treatment devices.  Directs schools to design and install any replacement infrastructure or treatment devices in accordance with specified statutes.  


  • Summary date: Jun 28 2016 - View summary

    House amendments makes the following changes to the 2nd edition.

    Amendment #1 creates the House Select Study Committee on Health and Safety in Outdoor Water Recreation Sites (Committee) to study the necessary health and safety requirements for water recreation attractions, including recommendations for required testing of the water used in the attraction for the presence of physical, biological, or chemical substances. Provides that nine members of the House of Representatives are to be appointed by the Speaker. Sets out provisions for the designation of a chair and Committee meetings. Authorizes the Committee to exercise all powers provided under GS 120-19 (which requires State officers and so forth to furnish data and information upon request to legislative committees or commissions) and Article 5A of GS Chapter 120 (General Assembly Committee Activity). Requires the Committee to submit a final report of its findings and recommendations by December 1, 2016, to the General Assembly. Directs that the Committee is to terminate upon filing its final report. Provides for the expenses of Committee members and staff for the Committee.

    Makes conforming changes to the long title. Makes technical changes to the numbering of the remaining Parts and Sections of the act. 

    Amendment #2 amends Part 10 of Article 8 of GS Chapter 130A. Amends the title of Part 10 to Public Swimming Pools and Water Recreational Attractions (previously, did not include water recreational attractions). Amends GS 130A-280, which sets out the scope of Article 8 of GS Chapter 130A, to add the regulation of water recreation attractions in the State to the scope of the Article. Defines water recreation attraction to mean a public bathing or swimming facility with design and operational features that provide patrons recreational activity different from that associated with a conventional swimming pool. Further provides that water recreation attractions include, but are not limited to, water slides, wave pools, water amusement lagoons, and recirculating artificial whitewater rivers where contact between the patron and the water either occurs or is intended to occur. Makes conforming changes to GS 130A-281 (Operation permit required) and GS 130A-282 (Commission to adopt rules) to make the statutes applicable to both public swimming pools and water recreation attractions (previously, only applicable to public swimming pools).

    Directs the Commission for Public Health to amend its rules regulating water recreation attractions as provided in 15A NCAC 18A .2543 to (1) include artificial whitewater river facilities using recirculating water where body contact occurs or is intended to occur, and (2) require artificial whitewater river facilities using recirculating water to test for physical, biological, or chemical substances in the water that may adversely affect the health or safety of facility patrons, as may be deemed necessary by the Commission. Requires the Commission for Public Health to adopt temporary rules as soon as practicable to implement the provisions of Part 10 of Article 8 of GS Chapter 130A, as amended.

    Makes conforming changes to the long title. Makes technical changes to the numbering of the remaining Parts and Sections of the act. 

    Amendment #3 amends GS 113-136, concerning the enforcement authority of inspectors and protectors of Conservation Agencies. Current subsection (k) makes it unlawful to refuse to allow inspectors, protectors, or other law enforcement officers to inspect weapons or equipment in certain circumstances.

    Amendment adds that an officer may inspect commercial fishing equipment or gear, as defined in 15A NCAC 03I .0101(3)(c), without reasonable suspicion that a violation has been committed. Establishes that it is unlawful to refuse to allow inspectors to inspect marine and estuarine resources, and that it is unlawful to refuse to allow protectors or other law enforcement officers to inspect fish or wildlife for the purpose of ensuring compliance with bag limits and size limits (previously, unlawful to refuse to allow inspectors, protectors, or other law enforcement officers to inspect fish or wildlife for the purpose of ensuring compliance with bag limits and size limits).

    Makes conforming changes to the long title. Makes technical changes to the numbering of the remaining Parts and Sections of the act. 


  • Summary date: Jun 28 2016 - View summary

    House committee substitute makes the following changes to the 1st edition.

    Amends the act's short and long titles.

    Amends the act's whereas clauses.

    Makes the title of the act and the definitions set out in Section 2 applicable to the entire act. Amends the definitions in Section 2 by: (1) adding and defining the term child care facility; (2) deleting the terms Director and Secretary; (3) amending the definition of school so that it now means a public school under the direction of a local board of education, a charter school, a regional school, a high school operated as part of UNC, a school operated by the Department of Health and Human Services, or a school operated by the State Board of Education permitted in accordance with either GS 153A-357 or GS 160A-417, on or before January 1, 1987; (4) adding and defining the term standard action level as the federal standard action level for lead, which is 15 parts per billion; and (5) amending the definition of technical guidance to also include guidance for testing the level of lead in drinking water issued by the specified entities. 

    Now requires child care facilities, in addition to schools, to test drinking water outlets for lead in accordance with the criteria and timelines set out in the act. Makes conforming changes. Adds 11 criteria that must be met by schools and child care facilities in testing drinking water outlets and other locations within or outside the building for the presence of lead. The criteria includes: all drinking water outlets located within the kitchen and any other food preparation area, all classroom combination sinks and drinking water fountains, and any sink known to be or visibly used for consumption. Adds the Division of Public Health (Division) and the Department of Environmental Quality (Department) to those entities that may assist a school or child care facility with compliance. 

    Deletes the previous testing, reporting, and notification requirements, to now require the following. Requires each school and child care facility to sample and test drinking water for the presence of lead in drinking water outlets and other locations inside or outside of the building with sampling and testing beginning no earlier than February 1, 2017, and concluding no later than April 1, 2017. Requires the lab to report test results to the Division and each school or facility within 10 business days of completing the analysis of each drinking water sample, and in any case, no later than April 15, 2017. Specifies what must be included in the lab report. Requires the Division, in consultation with the Department of Public Instruction and the Division of Child Development and Early Education, to establish criteria for the labs to use in order to report the results of the analysis that include at least the four required items. Requires the school or facility to make the test results publicly available for free, and notify the parents or guardians of the children attending the school or facility within 10 business days of receiving the results of the drinking water analyses.

    Amends the actions that must be taken when elevated lead levels are found to also require that access be restricted to similar drinking water outlets located on the same wing or floor of the building of the outlet with elevated lead levels, in addition to restricting access to the outlet with the elevated lead level. No longer requires both the Department and Division to find that the drinking water is safe before ceasing to provide alternate drinking water supplies; now requires the Division to make the determination and provide written documentation to the Department and other entities.  

    Requires a second test to be conducted immediately, or as soon a practicable, but no more than five business days after receiving the elevated lead test result. Requires the lab to report the results of the subsequent test as soon as practicable, but no later than five business days after completing the analysis. Requires the written notice to be provided to the teachers, school personnel, and parents and guardians within one day of the test confirming the elevated lead level. Makes clarifying changes to the content that must be included in the notice. Adds the requirement that the school or facility determine the source of the lead and work with the Division, Department, Department of Public Instruction, and the Division of Child Development and Early Education to identify corrective action. Requires all corrective action to be taken within 12 months of receipt of the confirmatory test results.

    Requires the technical guidance to be developed by the Division in consultation with the Department, instead of by the two entities. Makes conforming changes. 

    Amends the reporting requirements to now instead require the following. Requires within five business days of receipt that all test results confirming elevated lead levels be reported to the specified chairs of General Assembly committees related to education, health and human services, and agriculture and environment and the Fiscal Research Division. Requires a report to those same entities on the implementation of the act and the test results by May 1, 2017. Specifies what is to be included in the report.

    Deletes the exemption for schools that are on public water systems.

    Adds the requirement that the Division coordinate with the NC Government Data Analytics Center to assist the Division with the development and implementation of a database and reporting infrastructure necessary to support the testing, reporting, and notification requirements. 

    Requires the Department and Division of Public Health to provide the specified information to the Department of Public Instruction, the Division of Nonpublic Education, and each public and nonpublic school in the state within 15 business days of the effective date of the act. Amends the required technical and advisory assistance.  

    Deletes Section 6 of the previous edition, which established a pilot program to raise the high school dropout age from 16 to 18 in the Hickory Public Schools, the Newton-Conover City Schools, and the Rutherford County Schools.

    Deletes the previous edition's study provision and instead provides the following. Requires the Division, in consultation with the Department, to study and make recommendations as specified. Requires the Division to report its findings, recommendations, and any legislative proposals to the Environmental Review Commission and the Joint Legislative Oversight Committee on Health and Human Services on or before December 1, 2016. Requires the Department, in consultation with the Department of Public Instruction, to study and make recommendations as to the appropriate timing and duration of water system flushing for schools prior to the commencement of the academic year. Requires the Department to report its findings, recommendations, and any legislative proposals to the Environmental Review Commission and the Joint Legislative Committee on Education Oversight on or before December 1, 2016.

    Deletes the previous edition's appropriations provision and instead provides the following. Appropriates $2.4 million in nonrecurring funds from the General Fund to the Department of Health and Human Services to either (1) reimburse schools and child care facilities for the costs associated with testing drinking water for the presence of lead as required in Section 2 or (2) to cover the costs associated with the Department conducting sampling and analysis of drinking water on behalf of schools and child care facilities. Allows up to 5% of the total appropriation to be used by the Divisions of Public Health and Child Development and Early Education, the Department, and the Department of Public Instruction to support the administration and implementation of Section 2 and 3, and up to $250,000 of the total appropriation to be used to develop and implement the database and reporting infrastructure necessary to support the requirements of Sections 2 and 3. Requires the Department of Health and Human Services to reimburse each school and child care facility upon receipt of appropriate documentation that authenticates the payment for and completion of the required sampling and analysis for lead in drinking water. Specifies the costs incurred by schools and child care facilities for which the Department of Health and Human Services may use the remaining funds to reimburse. Provides the appropriations provisions are effective July 1, 2016.

    Makes the act effective when it becomes law (previously, July 1, 2016).


  • Summary date: May 10 2016 - View summary

    Enacts the Protect North Carolina's School-Age Children from Lead Exposure Act of 2016, setting out and defining 11 terms for use in the act, including elevated lead level and drinking water outlet. Requires each school to test drinking water outlets for the presence of lead, with the test being analyzed by a laboratory that is a NC State Laboratory Public Health Environmental Sciences Certified Laboratory. Specifies procedures and timelines for conducting water tests, allowing schools to seek assistance from a local health department or a public water system to ensure compliance with testing requirements. Specifies five immediate actions that must be taken if a school's water sample reveals an elevated lead level, including immediately restricting access; providing notification to parents, school personnel, and teachers; and conducting subsequent tests for confirmation. Requires the Department of Environmental Quality (DEQ) and the Division of Public Health (DPH) to develop technical guidance for reducing lead in drinking water as well as develop state-specific guidance for lead testing. Requires a joint report from the DEQ, DPH, and the Department of Public Instruction to be submitted by January 15, 2017, to the Environmental Review Commission, Joint Legislative Oversight Committee on Health and Human Services, and the Joint Legislative Education Oversight Committee, detailing the implementation and results of the testing program. Sets out required components of the report. Provides that above requirements do not apply to schools that are public water systems.

    Requires DEQ and DPH, within 15 business days of the effective date of the act, to provide specified guidance, best management practices, and sampling summaries to the Department of Public Instruction, the Division of Nonpublic Education, and to each public school. 

    Also requires the DEQ and the DPH to study and determine the sufficiency of the federal Lead and Copper Rule to protect public health in North Carolina. Specifies other evaluations that should be undertaken. Requires a report by December 1, 2016, to the Environmental Review Commission and the Joint Legislative Oversight Committee on Health and Human Services.

    Appropriates $10 million from the General Fund to the Department of Public Instruction to reimburse public schools as specified for the costs of testing drinking water for lead exposure. Allows up to 5% of the funds to be used for administrative costs by specified entities. Funds remaining can be used for other specified associated costs in rectifying drinking water issues. 

    Authorizes the Hickory Public Schools, the Newton-Conover City Schools, and the Rutherford County Schools to establish and implement a five-year pilot program to increase the high school dropout age from 16 years old to the completion of the school year coinciding with the calendar year when a student reaches  the age of 18. Provides that the pilot program can be implemented beginning with the 2016-17 school year and will end in the 2020-21 school year. Establishes guidelines for determining how to deal with habitually absent kids or specified kids that have reached the age of 18 but are noncompliant regarding school attendance. Provides that funds available to implement the pilot program can also be used to (1) hire up to three additional teachers and (2) fund student-related costs in order to serve a greater number of students. Requires the local school administrative units and the State Board of Education to report to the Joint Legislative Education Oversight Committee, the House Appropriations Committee on Education, and the Senate Appropriations Committee on Education/Higher Education  with an interim report on January 15, 2018, with a final report on or before January 15, 2021. Sets out six components of the reports, including analysis of graduation rates and the number of at-risk students served in any night programs. Requires certain local resolutions to be adopted before pilot programs can commence. 

    Effective July 1, 2016.