All Vermont schools would be required to test their water for lead by the end of the year — rather than within the originally proposed timeline of 3½ years — under a bill passed by the Senate.
School water sources would be required to meet a standard of no more than 3 parts per billion lead content, significantly stricter than the state and EPA action level of 15 parts per billion — though some pushed to make the standard as low as 1 part per billion.
If enacted, the lead testing would be paid for by the state, and the costs of remediating the problems that are identified would be split 50/50 with the school district, independent school or licensed child care center — all of which are required to test their water under the legislation. Schools would take water samples from each of their taps for drinking or cooking water, and then send those samples to the Department of Health Laboratory, which would test the samples and work with the schools to set up plans for addressing problems.
Jeffrey Francis, executive director of the Vermont Superintendents Association, said his group as well as the school boards and principals associations asked that the state pay the entire mitigation cost, because the public health program is being initiated by the state. The Senate, however, stuck with the 50/50 split when it passed S.40 Thursday 29-0.
“The bill also infers that there will be future testing but does not address the costs or payment for that testing, leaving that to future rules,” Francis said. “I want to stress that VSA is supportive of a well-designed, well-implemented program — and the cost-sharing methods are details that need to be worked out. We are supportive of the overall initiative.”
The push for this legislation was prompted by a pilot program last fall at 16 Vermont schools that found at least three taps in every school with concerning levels of lead, prompting the Senate to push for more immediate action.
The original longer timeline was set based on the processing capacity of the Department of Health labs, but Sen. Phil Baruth, D/P-Chittenden, said getting these tests done by the end of the year should not be a problem.
“The Department of Health is conducting it,” Baruth said. “They say they have the capacity to do it, the will to do it, and they have the resources. The bill put $2.5 million into this, so there’s no excuses on anyone’s part.”
Sen. Brian Campion, D-Bennington, called the faster timeline a “money saver,” citing the health risks lead poses, and the health care and educational costs it can create down the road.
“We felt that to have a child go through elementary school during these developmental years and be exposed to lead at any level would be unconscionable,” Campion said. “I think we really pushed the administration on this, and I think they saw the light on it.”
One amendment made to the bill was to exclude bottled water sold in schools from the testing. Baruth said this water is required to meet standards between 3 and 5 parts per billion, but is regulated by the FDA, not the state.
Campion said he thinks toxic substances need more attention and regulation across the board, but that this legislation is a good place to start.
“We as a state, we as a nation, have got to do more around protecting people from toxics,” Campion said. “This is a tiny piece, but it’s really very important.”
Gov. Phil Scott has spoken in support of the legislation, which will now head to the House for approval.
