Get The Lead Out
Get The Lead Out
Get The Lead Out
Written by:
March 2019
Acknowledgements
PennEnvironment Research & Policy Center and PennPIRG Education Fund would like to thank Dr. David
Bellinger,PhD, Researcher Boston Children’s Hospital, Professor at Harvard Medical School; Dr. Morri Markowitz,
MD, Professor, Department of Pediatrics Albert Einstein College of Medicine; Yanna Lambrinidou, PhD, anthro-
pologist at Virginia Tech Department of Science and Technology in Society; Adrienne Katner, D.Env, M.S. Loui-
siana State University Health Sciences Center; and Gideon Weissman, policy analyst at Frontier Group for their
review of this report. Thanks also to Christina Schlegel for her work on our initial 2017 report.
The authors bear responsibility for any factual errors. The recommendations are those of PennEnvironment Re-
search & Policy Center. The views expressed in this report are those of the authors and do not necessarily reflect
the views of our funders or those who provided review.
The PennEnvironment Research & Policy Center is a 501(c)(3) organization focused on protecting our environ-
ment and providing the people of Pennsylvania a voice in the environmental debate. Drawing on more than 30
years of experience, our professional staff combines independent research, practical ideas and effective educa-
tional campaigns to overcome the opposition of special interests and win real results for Pennsylvania’s environ-
ment. For more information about PennEnvironment Research & Policy Center or for additional copies of this
report, please visit www.pennenvironmentcenter.org.
PennPIRG Education Fund is also a 501(c)(3) organization that offers an independent voice on behalf of the public
interest. We advocate to protect consumers and promote good government through investigations, public
education, and civic engagement.
Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Methodology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Executive Summary
O
ver the past five years, the tragedy of Flint, able.3 Moreover, even when federal rules do apply to
Michigan has stunned the nation. We a school, they only require remediation when testing
watched the drinking water of an entire city confirms lead concentrations in excess of 15 parts per
become contaminated with lead. And, we know now billion at ten percent or more of taps sampled, even
that this toxic threat extends well beyond Flint to though medical and public health experts agree that
communities across the country. there is no safe level of lead for our children.4 The er-
ror of this approach is compounded by the fact that
In fact, test results now show that lead is even con-
testing, even when properly done, often fails to detect
taminating drinking water in schools and pre-schools
maximum lead levels in water coming out of the tap.
— flowing from thousands of fountains and faucets
where our kids drink water every day. Unfortunately, so far, most states are failing to protect
children from lead in schools’ drinking water. Our
In all likelihood, the confirmed cases of lead in schools’
review of 32 states’ laws and regulations finds:
water are just the tip of the iceberg. Most schools have
at least some lead in their pipes, plumbing, or fixtures. • Several states have no requirements for schools
And where there is lead, there is risk of contamination.1 and pre-schools to address the threat of lead in
drinking water; and
The health threat of lead in schools’ water deserves im-
mediate attention from state and local policymakers for • Of the few states with applicable laws, most follow
two reasons. First, lead is highly toxic and especially dam- flaws in the federal rules — relying on testing
aging to children — impairing how they learn, grow, and instead of prevention and using standards that
behave. So, we ought to be particularly vigilant against allow health-threatening levels of lead to persist
this health threat at schools and pre-schools, where our in our children’s water at school.
children spend their days learning and playing.
More specifically, when assessed in terms of protect-
Second, current regulations are too weak to protect ing children from lead in water at school, these states’
our children from lead-laden water at school. Federal policies earned the following grades:
rules only apply to the roughly ten percent of schools
and pre-schools that are considered to be their own State Grade
Public Water Systems.2 At schools not considered to be DC B+
a Public Water System, there is no federal rule protect- IL B-
ing kids from exposure to lead in schools’ drinking wa-
CA, NY, OR C+
ter. While the latest edition of the EPA’s 3Ts for Reducing
Lead in Drinking Water in Schools and Child Care Centers MD; NH; NJ C
recommends that schools reduce lead to the “lowest AZ; MA D
possible concentration,” unless a state’s law directs AL; CO; CT; FL; GA; IN; LA; ME; MI; MN; MT; F
schools to adhere to it, this guidance is not enforce- NC; NM; OH; PA; RI; TN; TX; VA; VT; WA; WI
• Install and maintain filters certified to remove lead on • Marshal the authority of all relevant federal
every faucet or fountain used for cooking and drinking; agencies to protect public health from contamina-
tion of drinking water
• Adopt a 1 ppb standard for lead in schools’ drink-
ing water, consistent with recommendations of And of course, we should fully protect all sources of
the American Academy of Pediatrics; drinking water from pollution.
Executive Summary 2
Introduction
A
s our nation rushed through more than water contaminated with high levels of lead. Tens of
a century of unprecedented economic thousands of children were exposed to lead during
growth, we allowed several toxic health the crisis in Flint.11 In addition to acute symptoms and
threats to become embedded into the fabric of our other illnesses, by one estimate, these children will
lives. One of the more enduring and pervasive of lose 18,000 future healthy years combined.12
these threats has been the use of lead. While the
While Flint is an extreme case, it is hardly alone.
toxic nature of lead has been known for centuries, we
For decades, Washington D.C. struggled with lead
allowed manufacturers to put it in our paint, plumb-
contamination in schools’ drinking water. Initial tests
ing, gasoline, and many other products.
done in 1987 revealed taps dispensing lead over 80
For the past few decades, public health officials have ppb. And in 2006, nearly 20 years later, tests revealed
been working to undo the damage. Banning lead that 75 percent of schools were still experiencing
in gasoline immediately removed a major source of contamination, with taps in 14 schools dispensing
toxic air pollution.9 Barring lead in paint stopped a lead levels considered to be an acute health risk.13
major threat to children’s health from becoming even Since then, D.C. has adopted some of the strongest
worse, but we are still cleaning up the damage from policies in the nation. But thousands of communi-
millions of homes with lead paint, as well as related ties across the country still have lead in their drink-
lead in dust and soil.10 ing water. A review of data by USA Today found that
nearly 2,000 water systems across the 50 states had
Yet until recently, few Americans paid as much at-
levels of lead in their water in excess of U.S. Environ-
tention to another pervasive pathway for this potent
mental Protection Agency (EPA) standards between
toxicant: the delivery system that brings drinking
2012 and 2016.14 And the contamination is likely even
water right to our faucets.
more widespread.
Over the past five years, many Americans have
Now we know that lead is even contaminating the
watched in horror and disbelief as a tragedy unfolded
water at many of our schools and pre-schools — the
in Flint, Michigan. Through a combination of ap-
places our children go each day to learn and play.
palling decisions and denials, an entire city had its
L
Figure 3
ead is a potent neurotoxicant. It is particularly
Lowest o
damaging to children for several reasons. Chil- lead serv
dren absorb 4-5 times as much ingested lead of route —
ganic lea
as adults from any given source.16 Once absorbed, and funct
lead flows from the blood to the brain, kidneys, and
bones.17 Yet children’s organs and bones are imma-
ture and more vulnerable than adults’; children also a halvin
have an incomplete blood-brain barrier.18 are not m
confirm
“We see learning difficulties, hyperactivity, developmen- financia
tal delays,” said Marcie Billings, a pediatrician with Mayo represen
Clinic in Rochester, Minnesota.19 Experts say that some of It has be
resulting
the damage caused by absorbing lead is irreversible.20,21 levels be
year’s co
We have known for some time that high levels of lead tion rath
can cause severe health impacts — including anemia, lenge con
kidney disease, abnormal brain function and even rather th
death. (See Figure 1) applied
nary hea
Yet the medical science now confirms that even low “Blame
of lead p
blood lead levels can cause permanent damage to
called th
our children. According to EPA, “In children, low levels a “disea
of [lead] exposure have been linked to damage to hood lea
the central and peripheral nervous system, learning among p
disabilities, shorter stature, impaired hearing, and entirely preventable. As noted previously, it was only after 1970 that Perhaps
major steps were taken in the United States to address the problem. on the in
impaired formation and function of blood cells.”23 It is instructive to ask why the use of lead remained ubiquitous, and broader
in such immense quantities, throughout most of the twentieth cen- ness occ
tury, even in the face of the accumulating evidence that, by 1969, the victi
Dubos found so compelling. Many factors were likely in play, some housing
of which are discussed in the following paragraphs. tions tha
Lead in Schools’Water: A Threat to Children’s Health 4
The prevailing model of disease. For much of the twentieth century, mothers
public health was governed by a model of disease that was pri- viding in
marily patient oriented rather than population oriented. A child logical b
Of particular alarm for schools, the data now links low Figure 2: More Than 24 Million Children at Risk
lead levels with long-term loss of learning in our chil- of Losing IQ Points Due to Low Levels of Lead27
dren. For example, a study done in Wisconsin found
that 3,757 fourth-graders with relatively low lead
levels in their blood “scored significantly lower on
reading and math tests than those without elevated
blood-lead levels.” These children were exposed to
lead before the age of three, yet the adverse effects
of lead exposure persisted seven to eight years later.24
S
areanda Hoffman goes to Caroline Elementary Moreover, some tests are showing exceedingly high
School in Ithaca, New York. She used to drink levels of lead. For example, one drinking water fountain
every day from a water fountain in her kin- at a Montessori school in Cleveland dispensed 1,560 parts
dergarten classroom – a fountain that, when tested, per billion at the time of testing.39 A school in the Chicago
measured high for lead. Unfortunately, this foun- suburbs dispensed lead at 212 times the federal standard
tain was just one of many in Caroline Elementary at the time of testing.40 Leicester Memorial Elementary in
that was found to be contaminated with lead; tests Massachusetts had a tap that tested at 22,400 ppb.41
showed numerous taps that dispensed lead concen-
Yet given the toxicity of lead at low levels, it is critical
trations of 100 parts per billion (ppb).32 As reported
to look beyond the most extreme test results. What
by USA Today, while drinking from these fountains,
emerges is a pattern of widespread contamination of
Sareanda used to come home with a rash around
drinking water at school.
her mouth and so tired she needed a long nap, two
symptoms which have been associated with expo- Massachusetts is one of the few states to publish
sure to lead.33 Concerned about this unusual behav- statewide test results showing lead in concentrations
ior, Sareanda’s mother switched her to bottled water below the 15 ppb level. Of the 43,000 taps tested
only. Since then, the rash cleared up and Saraenda’s in schools across the Commonwealth as of 2018, 59
energy has returned. percent found lead in the water.42
Unfortunately, Sareanda is not alone. As more
schools test, they are finding drinking water con- A More Pervasive Threat Than
taminated with lead at thousands of faucets and Confirmed by Testing
fountains across the country, as seen in the map at
In all likelihood, these confirmed cases of lead in
Figure 3. 34 From Maine to California, lead laced wa-
schools’ water are just the tip of the iceberg. Most
ter is being found in schools in communities across
schools are still not testing for lead at all.
the country.
Moreover, tests — even when properly done — can
The threat of lead in schools’ water affects not only
fail to capture the lead hazard present. Part of this
big cites but also suburban and rural communities.
conundrum is that corrosion and breaking off of lead
Sareanda Hoffman lives in Ithaca, New York. Else-
particles from pipes is highly variable. Multiple water
where, tests have documented lead tainted water
tests from one tap can result in highly variable lead
in schools in Cherry Hill, New Jersey35, Yarmouth,
levels between samples.43 In a lead sampling study
Maine36, several other school districts in upstate New
conducted in 2013, researchers concluded that a
York37 and suburban communities in Illinois.38
MASSACHUSETTS
More than half of the
OHIO
43,000 outlets tested
40 out of 54 schools tested in
found lead in the water
Cincinnati found some level
as of December 2018.
of lead in the drinking water.
CONNECTICUT
VIRGINIA
NEW JERSEY Little or no data is
5 school districts in central
55% of school taps currently available, but
Virginia confirmed instances
tested in Bergen lead contamination
of lead contamination in
County found lead is likely as prevalent
schools’ water.
in the water. Tests in Connecticut as in
MARYLAND also confirmed lead other states.
At least 12 schools tested in in schools’ water in
Montgomery County have one or Newark, Trenton,
WASHINGTON more taps with lead above 15 ppb. Cherry Hill, and
60.8% of taps tested found lead
elsewhere.
concentrations above 1 ppb.
WISCONSIN
MONTANA ILLINOIS Milwaukee schools had
OREGON On average, 75% of the water 78% of the 155 schools tested 183 fountains with lead
A 2016 analysis found samples from four school districts in Cook County School District levels above 15 ppb.
that 88% of the 100 found lead concentrations at or found at least one tap with lead
school districts who above 1 ppb. concentrations of 2 ppb or higher
tested found lead in
drinking water.
MICHIGAN
COLORADO
Detroit Public School District
100 Colorado
shut off their water after 57
CALIFORNIA schools have
of 86 schools found elevated
More than 400 detected lead in
levels of lead in water fixtures.
schools have found their water as of
lead in the water at June 2017.
concentrations of
5 ppb or greater. TENNESSEE
MINNESOTA Even when outlets were
This year, a new flushed prior to sampling,
law went into 30% of Metro Nashville
UTAH effect that will schools found lead in
Testing done in 2017 revealed that require schools to their water in 2017.
lead was present in drinking water at test for lead.
90% of the 249 Utah schools tested.
NORTH CAROLINA
41 out of 89 schools in the
ARIZONA
Charlotte-Mecklenburg
Lead was detected at 48 percent of the
district had taps with lead
13,380 taps tested at schools in Arizona.
exceeding 15 ppb.
FLORIDA
ALABAMA Four out of five
TEXAS The state is now requiring Polk County
71 percent of Texas schools schools test for lead, but schools in GEORGIA
tested had lead in water data from results has not Florida showed Outlets at 25 of 60 Atlanta schools tested
above 1 part per billion. been analyzed. elevated levels. found lead in water above 15 ppb.
Data from several school districts underscores the A Lead Service Line58 Credit: EPA
danger from the lead contained in outlets and
F
or this report, we evaluated laws and policies law apply to all schools and child care centers, or
in 31 states and an ordinance in the District of just those built before a certain year?
Columbia on how well they protect children
Figure 6 shows the grade earned by each state this
from lead in drinking water at school. The states were
year – and how it compares to their grade from
graded on five main criteria:
2017.72 Some states like California and Oregon have
• Getting the lead out: Are schools required to seen progress, while others are continuing to receive
proactively remove lead from water delivery a failing grade.
systems, or only required to take action in response
More than half of the states reviewed have failed to
to testing if at all? Are required steps sufficient to
establish any meaningful law or policy for schools to
eliminate the threat of lead contamination?
reduce risks of lead in drinking water. Of the states with
• The “lead standard”: What level of lead triggers laws on the books, some only require testing and no
mandatory remedial action? remediation. What’s more, even when states do require
remediation, their policies often replicate some of the
• Testing: Is testing required, and if so, how are
key limitations of the federal Lead & Copper Rule, such
tests conducted, and how often?
as only requiring action when lead levels exceed 15 ppb.
• Public disclosure and transparency: How much infor-
While mandatory rules to protect children’s health
mation is being shared with parents and the public?
received higher scores in our assessment, states did
• Applicability: Do the state laws apply to both receive partial credit for well-funded voluntary mea-
schools and early childhood programs? Does the sures with demonstrated results. However, we did not
C+
C
D
F
0 5 10 15 20 25
A
ll of our children deserve safe drinking water ensure that every part of their water delivery systems
— especially at the places they go each day — from plumbing to fixtures to faucets — is lead-free.
to learn and play. Yet we have constructed
2) Install and maintain certified filters. Getting the
water distribution systems that deliver water to their
lead out will take time. In the interim, every outlet
fountains and faucets laced with lead. And wherever
used for drinking or cooking should be fitted with
there is lead, there is an ever-present risk of corrosion
filters certified by the Occupational Safety and Health
and contamination. Given this reality, it is imperative
Administration (OSHA), which includes accreditations
to adopt all of the following solutions to ensure safe
such as the National Sanitation Foundation (NSF) or
water at our schools and early childhood programs:
the American National Standards Institute (ANSI) to
1) Get the Lead Out. The most effective way to en- remove lead from water. Even with high levels of con-
sure lead-free water for our children is, quite simply, tamination in Flint, an EPA analysis documented that
to get the lead out. As documented above, lead ser- NSF filters proved effective at removing lead.89
vice lines are a major source of water contamination.
3) Proactively prevent lead contamination. Rather
In 2015, the National Drinking Water Advisory Coun-
than waiting for tests to confirm that the water our
cil — comprised of experts, advocates, and affected
children drink is laced with lead, schools should be
communities advising EPA - made the clear case for
removing lead-bearing parts and installing filters
lead service line removal:
certified to remove lead proactively. This preventa-
“The Council considers that the driving proactive tive approach is critical because tests — even when
principle to improve public health protection is properly done — can fail to capture lead exposure.
removing full lead service lines from contact with
Moreover, a proactive prevention approach is consis-
drinking water to the greatest degree possible and
tent with other national policies aimed at protecting
minimizing the risks of exposure to the remaining
children’s health from lead. To address lead from auto
sources of lead in the meantime.”87
emissions, our nation has banned leaded gasoline.
Marc Edwards, the Virginia Tech engineer who Belatedly, we also banned lead in paint.90 For a home
helped Flint residents confirm their water contamina- to be certified as lead-safe, policies require rigorous
tion, has called for the “complete removal of all lead remediation to “get the lead out.”
service lines” across the country.88
4) Require action at 1 part per billion. Medical
Yet prevention cannot stop at the service line. As the experts agree that there is no safe level of lead, and
data from Milwaukee to Los Angeles shows, schools standards that trigger mandatory remediation —
and early childhood programs must take action to often called an “action level” — should reflect this
A
small number of cities and school communi- nation of schools’ drinking water. After voluntarily
ties are beginning to embrace the precau- testing more than 1,700 drinking water outlets across
tionary principle and have already been 69 school buildings, the district has either replaced,
working either on getting the lead out of their water capped, or (in a few cases) installed a certified filter at
systems completely or providing a safe alternative. every outlet that showed an elevated level of lead.96
While we only assigned grades to states as a whole Though this approach is not pro-active and the dis-
(and the District of Columbia) there are cities and trict is still using a 15 ppb standard, the remediation
school districts across the nation that are upholding steps are strong in that they “get the lead out” by
more protective standards than their state. Some removing the source of the problem.
trailblazing cities include San Diego, Austin, Cleve-
Austin, Texas has adopted one of the most health pro-
land, Brockton (MA) and Madison.
tective standards and is working to ensure that lead
San Diego’s school district has committed to testing in schools’ water does not exceed 1 ppb, as recom-
all drinking water outlets for lead and doing physical mended by the American Academy of Pediatrics. In
repairs anytime a water tap tests positive for lead at 5 order to achieve this, they will be installing (or replac-
parts per billion or higher.95 While pediatricians stress ing) filters certified to remove lead on any outlet that
that there is no safe level of lead for children, this 5 tests above this level.97 Installing point of use filters
ppb standard is still one third of the level of lead cur- or filtered water bottle filling stations as a source of
rently allowed in school drinking water by the state potable water is a relatively inexpensive and easy first
of California. step to “get the lead out” of kids’ water at school.
The Metropolitan School District in Cleveland, Ohio In Brockton, Massachusetts the public school district
has also begun taking steps to address lead contami- replaced all of their old water fountains with filtered
For assessing state policies: We graded states in five main categories: Lead Stan-
dard in Water; Testing Protocols; “Get The Lead Out”
In scoring states’ laws and policies related to lead in
Steps; Public Disclosure and Transparency; and Appli-
schools’ drinking water, we assigned the following
cability. In some categories, the criteria were tiered so
values for specific measures based on our assessment
that states not taking the full recommended measure
of their relative importance in ensuring lead-free
could still earn points for the steps they are taking.
water at school:
Where appropriate, we gave states partial credit for
Point Range Grade
credible voluntary measures that, as best we could
verify, were actually being implemented.
0 - 39 F
40 - 64 D To a large degree, the successful implementation of
lead prevention policies will depend on funding and
65 - 79 C-
enforcement. Yet funding comes from so many differ-
80 - 94 C ent sources — including the federal drinking water
95 - 109 C+ state revolving fund — that we could not establish a
reliable way to assess sufficient funding for any given
110 - 125 B-
state’s efforts. Similarly, absent uniform data, we had
126 - 140 B
no meaningful way to compare the effectiveness of
141 - 155 B+ state enforcement or compliance efforts.
156 - 170 A-
The following chart provides a breakdown of where
171 - 185 A each state earned (or did not earn) points on our grad-
186 - 200 A+ ing structure. The policies assessed were confirmed
by our directors in each state organization to ensure
that 1) it was the most up-to-date policy promulgated
by the state and 2) points were awarded or withheld
accurately based on the requirements of the policy.
Laws cover all schools and all child care centers 20 points 0 0 10 0 0 20 0 0
BONUS POINTS - Proactive removal of LSLs system wide Max Bonus: 30 points 0 0 20 0 0 10 0 0
GRADE F D C+ F F B+ F F
Methodology 20
Score IL IN LA MD MA ME MI MN
Laws cover all schools and all child care centers 20 points 10 0 0 5 0 0 0 5
BONUS POINTS - Proactive removal of LSLs system wide Max Bonus: 30 points 10 10 0 0 10 0 30 0
GRADE B- F F C D F F F
Laws cover all schools and all child care centers 20 points 0 0 20 20 0 20 0 20
BONUS POINTS - Proactive removal of LSLs system wide Max Bonus: 30 points 0 0 0 0 0 10 0 0
GRADE F F C C F C+ F C+
Methodology 22
Score PA RI TN TX VA VT WA* WI
Laws cover all schools and all child care centers 20 points 0 20 0 0 0 0 0 0
BONUS POINTS - Proactive removal of LSLs system wide Max Bonus: 30 points 10 0 0 0 5 0 20 10
Final Score 33 35 39 0 20 0 25 10
GRADE F F F F F F F F
Methodology 24
California Applicability
• Applies to schools and child care facilities.2 - 10
Points:
out of 20 points
Lead Standard ºº Required to test the lead levels of drinking
• Uses action level of 15 ppb2- 5 points water at ALL California public, K-12 schools
and preschools and child day care facilities
Testing Protocols
located on public school property, partial credit
• Prohibits sampling protocols known to hide lead.3
because only for schools built before 2010
- 10 points
• Tests at least some outlets at every school.3 - 5 points Bonus points
ºº Must test at least 5 outlets at every school • Required pro-active removal of LSLs statement1 -
• Every school must test, but only once.2 - 1 point 20 points out of 30
ºº partial credit because mandatory testing, but ºº No enforceable timeline
just once, not continued
Sources
“Get The Lead Out” steps 1 An act to add Section 116885 to the Health and Safety
Code, relating to drinking water, SB 1398. September 27th 2016.
• Requires immediate shut off of taps exceeding
Available at http://leginfo.legislature.ca.gov/faces/billTextClient.
action level.2 - 20 points xhtml?bill_id=201520160SB1398
• Remediation requires removing lead bearing 2 Health and Safety Code: Pure and Safe Drinking Water, Article 1
parts or installing filters certified to remove lead.2 added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1st 2019. Avail-
able at https://leginfo.legislature.ca.gov/faces/codes_displaySection.
- 20 points
xhtml?lawCode=HSC§ionNum=116277
3 California Water Boards, “SAMPLING GUIDANCE: Collecting
Public Disclosure and Transparency
Drinking Water Samples for Lead Testing At K-12 Schools,” De-
• Disclosure of lead infrastructure.5 - 3 out of 5 cember, 8th 2017. Available at https://www.waterboards.ca.gov/
points drinking_water/certlic/drinkingwater/documents/leadsamplin-
ºº Disclosure of lead infrastructure (just service ginschools/sampling_guidance_final.pdf
4 California Water Board, “Lead Sampling of Drinking Water,”
lines) required by CWS, partial credit because
February 15th, 2019. Available at https://www.waterboards.
LSLs are the only infrastructure that must be ca.gov/drinking_water/certlic/drinkingwater/leadsamplingin-
disclosed schools.html
• Disclosure of all specific test results.4 - 5 points 5 California Water Board, “Lead Service Line Inventory Re-
quirement for Public Water Systems,” February 14th, 2019. Avail-
• Disclosure of results available online.4 - 5 points
able at https://www.waterboards.ca.gov/drinking_water/certlic/
drinkingwater/lead_service_line_inventory_pws.html
Methodology 26
Florida- No Policy ºº For samples exceeding 5 ppb, results may be
posted online or may be sent directly to parents
via email
Georgia - No Policy • Disclosure of the specific sampling result.3 - 3 out
of 5
Illinois ºº Partial credit because only mandated if a test
Points: exceeds 5 ppb
Applicability Applicability
• Does not apply to all schools or child care centers.2 • Only applies to 12 schools - 0 points
- 0 out of 15 points
Sources
ºº Voluntary but well-funded program, so not
1 Louisiana Department of Health, “School Water testing Pilot
mandatory Program.” Accessed March 6 2019 at http://ldh.la.gov/index.cfm/
ºº Only K-12 schools can opt-in page/3275
2 “An Act to enact R.S. 40:5.6.1, relative to safe drinking
Bonus Points: water; to authorize a pilot program for 3 drinking water testing
• Indiana Subsidiary of American Water Company at schools; and to provide for related matters.” HB. 632. 2018
Available at http://www.legis.la.gov/legis/ViewDocument.
filed a plan with Indiana Utility Regulatory
aspx?d=1103405
Commission to fully replace LSLs in communities
it serves in the next 10 to 24 years - 10 out of 30
points
Sources
1 Indiana Finance Authority, “Lead Sampling Program,” 2018.
Available at https://www.in.gov/ifa/2958.htm
2 Indiana Finance Authority, “Indiana Lead Sampling Pro-
gram for Public Schools: Enrollment and Results.” Available at
https://www.in.gov/ifa/files/12.17.18%20Lead%20Sampling%20
Program%20Enrollment%20and%20Results.pdf
3 IFA’s Lead Sampling Program for Public Schools, “Guid-
ance For Schools.” Available at https://www.in.gov/ifa/files/
IFA%20Lead%20Sampling%20Program%20Guidance%20for%20
Schools.pdf
4 IFA Lead Sampling Program, “Frequently Asked Questions,”
2017. Available at https://www.in.gov/ifa/files/IFA%20Lead%20
Sampling%20Program%20for%20Schools%20FAQ.pdf
5 IURC Online Services Portal, “Docketed Case 45043” avail-
able at https://iurc.portal.in.gov/legal-case-details/?id=cf202ed
e-c405-e811-811c-1458d04eaba0
Methodology 28
Maryland Massachusetts
Points: Points:
Montana - No Policy
Methodology 30
New Hampshire New Jersey
Points: Points:
Sources
1 New York Department of Health, “Subpart 67-4 Lead Testing
in School Drinking Water” available at https://regs.health.ny.gov/
book/export/html/56608
2 New York State Department of Health, “Lead in school
drinking water status report,” January 27 2017 available at
https://www.health.ny.gov/press/releases/2017/docs/lead_in_
school_drinking_water_report.pdf
3 New York State Assembly Bill A03007B. January 23 2017.
Available at https://nyassembly.gov/leg/?default_fld=&leg_vide
o=&bn=A03007&term=2017&Summary=Y&Text=Y
4 NY Assembly, “Assembly Secures $2.5 Billion in Water Qual-
ity Improvement Funding in 2017-2018 SFY Budget” available at
https://nyassembly.gov/Press/20170407/
Methodology 32
Oregon Pennsylvania
Points: Points:
Sources:
1 Oregon Administrative Rules, “Reducing Lead in School
Drinking Water,” available at https://www.oregon.gov/oha/PH/
HEALTHYENVIRONMENTS/DRINKINGWATER/RULES/Documents/
rulerevision/lead-testing-in-schools-FINAL-11-28-formatted.pdf
2 Oregon Early Learning, “Preventing exposure to lead” available
at https://oregonearlylearning.com/lead-poisoning-prevention/
Texas - No policy
Methodology 34
Virginia Washington
Points: Points:
“Get The Lead Out” steps “Get The Lead Out” steps
• No steps required by the law.1 - 0 points • The law says that DOH must establish guidance
for what to do if the federal action level is exceed-
Public Disclosure and Transparency
ed, but there are no mandatory requirements for
• No notification required.1 - 0 points
schools - 0 points
Applicability
Public Disclosure and Transparency
• Does not apply to all schools - 0 points
• None required - 0 points
ºº Gives priority to schools built before 1986, not
for daycare centers Applicability
• There are no requirements for schools, which is
Bonus:
the primary focus of this report. There is a separate
• Small, private side grants available for replace-
testing requirement for daycares. - 0 points
ment of LSLs that could apply to in-home
daycares.2 - 5 points Bonus
• Governor Inslee directed that DOH shall work with
Source
stakeholder groups to develop policy and budget-
1 Code of Virginia, § 22.1-135.1. Potable water; lead testing.
Available at https://law.lis.virginia.gov/vacode/22.1-135.1 ary proposals with a goal of removing all lead
2 Virginia Department of Health, “Drinking water funding service lines within 15 years - 20 points
program details & application materials” available at http://www. ºº Partial credit because it is a goal, not an
vdh.virginia.gov/drinking-water/financial-construction-assis-
enforceable law.
tance-programs/drinking-water-funding-program-details/
Sources
Vermont - No policy 1 State of Washington, “Engrossed Substitute Senate Bill
6032,” March 29, 2018, available at http://lawfilesext.leg.wa.gov/
biennium/2017-18/Pdf/Bills/Session%20Laws/Senate/6032-S.
SL.pdf
2 Directive of the Governor, “Assisting community and
agency responses to lead in water systems,” May 2, 2016 avail-
able at http://www.governor.wa.gov/sites/default/files/directive/
dir_16-06.pdf
Lead Standard
• None - 0 points
Testing Protocols
• None - 0 points
Applicability
• None - 0 points
Bonus
• Significant funding has been put towards remov-
ing LSLs and many communities in Wisconsin are
taking steps to tackle the issue.1 - 10 points
Sources
1 “Community and utility efforts to replace lead service lines,”
Environmental Defense Fund, available at https://www.edf.org/
health/recognizing-community-efforts-replace-lsl
Methodology 36
Proposed Grades: Massachusetts
Justifications Points:
Lead Standard
• Uses a 1 ppb standard - 30 points
Testing Protocols
• Test for worst-case results - several samples per
tap, not just a first-draw sample and prohibits
sampling protocols known to hide lead - 15 points
• Test all faucets and fountains used for drinking or
cooking - 15 points
• Test every year at schools: 3 points out of 5
ºº Partial credit because of exemptions that can
be made
Applicability
• Applies to all schools and all child care centers -
20 points
Bonus
• Incentivised LSL replacement - 10 points
Source
“An Act ensuring safe drinking water in schools” HD 3765 avail-
able at https://malegislature.gov/Bills/191/HD3765
Methodology 38
Vermont
Points:
Lead Standard
• Uses a 3 ppb standard - 15 points
ºº Gets 5 bonus points because it’s stronger than
the 5 ppb FDA standard, but still not quite at
1 ppb
Testing Protocols
• Testing for worst-case results -- several samples
per tap, prohibit sampling protocols known to
hide lead - 15 points
Applicability
• Applies to schools and childcare centers: 20
points
Source
“An act relating to testing and remediation of lead in the drink-
ing water of schools and child care facilities” S. 40. Available at
https://legislature.vermont.gov/Documents/2020/Docs/BILLS/S-
0040/S-0040%20As%20Passed%20by%20the%20Senate%20
Unofficial.pdf
National Policy/
What it does
Guidance
Safe Drinking Water Authorized EPA to establish Maximum Contaminant Levels for all substances known or suspected to be
Act, 1974 hazardous to humans. These requirements applied to every Public Water System in the U.S.
Lead Ban, 1986 Among other bans, pipes and pipe fittings with more than 8% lead were banned. Any pipe or fitting
under 8% lead was considered “lead free”.
Lead Contamination Banned the manufacture and sale of water fountains that did not meet the “lead free” definition. The
and Control Act, 1988 LCCA defined “lead-free” as: “not more than 8 percent lead, except that no drinking water cooler which
contains any solder, flux, or storage tank interior surface which may come in contact with drinking water
shall be considered lead-free if the solder, flux, or storage tank interior surface contains more than 0.2
percent lead.” In addition, the EPA was mandated to issue guidance to schools on how to identify and
remediate lead-contaminated drinking water. States were required to distribute this guidance and
required to help develop testing and remediation programs for schools. However, school testing was not
mandatory.
EPA Guidance, 1989 The first federal guidance to schools on assessing and remediating leaded drinking water. EPA also
recommended that “action be taken to limit exposure” whenever lead levels exceeded 20 ppb.
Lead and Copper Rule, Public Water Systems are required to provide corrosion control and routine water monitoring. If over 10%
1991 of samples collected from a water system exceeded lead levels of 15 ppb, the system was to intensify
water quality monitoring, optimize corrosion control, issue public notification and other education
materials, and in some cases, monitor and/ or replace lead service lines.
ACORN v. Edwards, The State of Louisiana was sued for failing to implement several provisions of the SDWA that required
81 F.3d 1387 (5th Cir. the establishment of water testing programs. The Court’s decision held the Act’s provisions were
1996) unconstitutional and compelled the state to enact federal programs which the state had no option to
decline. The decision does not restrict states from creating their own school drinking water programs.
EPA Guidance, 2006 EPA issued a guideline for monitoring lead in school drinking water, focused on three aspects: training
of school officials on the hazards of lead, proper lead testing, and proper telling to school communities
about test results. The EPA guidance is stated to be “only suggestions... not requirements”.
EPA Guidance, 2018 The EPA issues an updated guidance for monitoring lead in school drinking water. This document
provides new guidance for the 3Ts (training, testing, and telling) for protecting children from lead in
school water: The suggestions are non-enforceable, and the guidance provides no clear threshold for
lead in drinking water above which schools should remediate.
EPA Federal Action The EPA issues it’s Federal Action Plan for addressing lead in schools’ water, a product of the President’s
Plan, 2018 Task Force on Environmental Health Risks and Safety Risks to Children. The action plan establishes four
goals – reduce children’s exposure to lead; identify lead-exposed children and improve their health
outcomes; communicate more effectively with stakeholders; and support and conduct critical research.
However, the Action Plan fails to establish any clear goals or timelines for taking action to reduce kids
exposure to lead.
Table adapted from information in Yanna Lambrinidou, Simoni Triantafyllidou and Marc Edwards, “Failing Our Children: Lead in
U.S. School Drinking Water,” New Solutions Vol, 20(1), 2010, pages 28-33.Additional information sourced from the EPA website.
Appendix 40
Endnotes
1 Emma Brown, “A legal loophole might be exposing 10 “Protect your family from exposure to lead”, U.S. EPA
children to lead in the nation’s schools”, Washington Post, March accessed February 20, 2019 at https://www.epa.gov/lead/pro-
18th 2016 available at https://www.washingtonpost.com/news/ tect-your-family-exposures-lead
education/wp/2016/03/18/a-legal-loophole-might-be-exposing-
children-to-lead-in-the-nations-schools/?noredirect=on&utm_ 11 Lori Higgins, “Up to 30,000 Flint kids to get screened
term=.a83a918fa14d for lead impact settlement”, Detroit Free Press April 9th,
2018, available at https://www.freep.com/story/news/educa-
2 Emma Brown, “A legal loophole might be exposing tion/2018/04/09/flint-water-crisis-lead/478577002/
children to lead in the nation’s schools”, Washington Post, March
18th 2016 available at https://www.washingtonpost.com/news/ 12 Muennig, Peter. “The Social Costs Of Lead Poison-
education/wp/2016/03/18/a-legal-loophole-might-be-exposing- ings.” Health Affairs, vol. 35, no. 8, 2016, pp. 1545–1545.,
children-to-lead-in-the-nations-schools/?noredirect=on&utm_ doi:10.1377/hlthaff.2016.0661.
term=.a83a918fa14d
13 Yanna Lambrinidou, Simoni Triantafyllidou and March
3 United States EPA, “3Ts for Reducing Lead in Drinking Edwards. “Failing Our Children: Lead in US School Drinking Wa-
Water in Schools and Child Care Centers,” October 2018. Avail- ter.” New Solutions, Vol. 20(1) 25-47, 2010
able at https://www.epa.gov/sites/production/files/2018-09/
documents/final_revised_3ts_manual_508.pdf 14 Alison Young and Mark Nichols, “Beyond Flint: Exces-
sive lead levels found in almost 2,000 water systems across all
4 Lead and Copper Rule: A Quick Reference Guide, U.S. 50 states,” USA Today, March 11, 2016, accessible at http://www.
Environmental Protection Agency available at https://nepis.epa. usatoday.com/story/news/2016/03/11/near- ly-2000-water-sys-
gov/Exe/ZyPDF.cgi?Dockey=60001N8P.txt tems-fail-lead-tests/81220466/.
5 Cheryl Corley, “Avoiding A Future Crisis, Madison 15 Allergist Ron Saff, quoted by Isabelle Z., “High lev- els
Removed Lead Water Pipes 15 Years Ago,” National Public Radio of lead found in Florida schools’ drinking water,” Natural News,
available at https://www.npr.org/2016/03/31/472567733/avoid- November 12, 2016, accessible at http://www.naturalnews.
ing-a-future-crisis-madison-removed-lead-water-pipes-15-years- com/055983_lead_contamination_clean_water_Florida_
ago schools.html#ixzz4V77EJcJX.
6 Michael Gerstein, “Lansing Replaces City’s Final Lead 16 World Health Organization, Lead Poisoning and Health,
Service Line”, The Detroit News, 14 December 2016 available 23 August 2018. Available at https://www.who.int/news-room/
at https://www.detroitnews.com/story/news/local/michi- fact-sheets/detail/lead-poisoning-and-health
gan/2016/12/14/lansing-lead-service-line/95435604/
17 World Health Organization, Lead Poisoning and Health,
7 Code of the District of Colombia § 38–825.01a. Preven- 23 August 2018. Available at https://www.who.int/news-room/
tion of lead in drinking water in schools. Available at https:// fact-sheets/detail/lead-poisoning-and-health
code.dccouncil.us/dc/council/code/sections/38-825.01a.html
18 Alan Woolf, Professor of Pediatrics at Harvard Medical
8 Edwin Lopez, “School lead testing: The race for tighter School, “Blood Lead Thresholds & Health Effects,” webinar pre-
regulations and more funding,” Politico, June 16, 2016, accessible sentation for Environment America, slide 7, September 20, 2016
at http://www.politico.com/story/2016/06/ school-lead-testing-
the-race-for-tighter-regulations-andmore-funding-224419 19 Marcie Billings, quoted by Laura Ungar, “Lead taints
drinking water in hundreds of schools, day cares across USA,”
9 Basic Information about Lead Air Pollution, U.S. EPA USA Today, March 17, 2016, accessible at http://www.usatoday.
accessed February 20, 2019 at https://www.epa.gov/lead-air- com/story/news/nation/2016/03/17/ drinking-water-lead-
pollution/basic-information-about-lead-air-pollution schools-day-cares/81220916/.
Endnotes 42
in-school-drinking- water-sampling-results.html; Maryland – Liz 37 See Dan Herbeck, Jane Kwiatkowski Radlich, and
Bowie, “Water from a fountain? Not in Baltimore city schools,” T.J. Pignataro, “Tests show high lead levels in water in 11 WNY
Baltimore Sun, April 9, 2016, accessible at http://www.baltimore- school districts,” The Buffalo News, October 21, 2016, accessible
sun. com/news/maryland/baltimore-city/bs-md-ci-lead-in-wa- at https://buffalonews.com/2016/10/21/tests- show-high-lead-
ter-20160409-story.html; New Jersey – Dan Ivers, “Officials say water-multiple-wny-schools/, Bethany Bump, “Lead is new
contaminated water at Newark schools ‘urgent’, but no Flint,” water worry: High school in village plagued by PFOA coping
NJ.com, March 9, 2016, accessible at http://www. nj.com/essex/ with high levels of metal,” Times Union, November 28, 2016,
index.ssf/2016/03/officials_say_contami- nated_water_at_new- http://www.timesunion.com/ local/article/Lead-is-new-water-
ark_schools.html; New York - Larry Rulison, “Lead report: Most worry-10641099.php and Laura Ungar, “Lead taints drinking
drinking water in upstate schools safe,” Albany Times Union, Jan- water in hundreds of schools, day cares across USA,” USA Today,
uary 27, 2017, ac- cessible at http://www.timesunion.com/local/ March 17, 2016, accessible at http://www.usatoday.com/story/
article/Lead-report-Most-drinking-water-in-upstate-10890137. news/ nation/2016/03/17/drinking-water-lead-schools-day-
php; Pennsylvania – Kristen Graham, “City school district to test cares/81220916/.
drinking water for lead,” Philly.com, October 7, 2016, accessible
at http://www.philly.com/philly/educa- tion/20161008_City_ 38 See Juan Perez Jr, “Claypool pledges to spend
school_district_to_test_drinking_wa- ter_for_lead.html; Ohio ‘whatever it takes’ to fix CPS lead in water problems,” Chicago
- Brie Zeltner, “Cleveland schools find dangerous lead levels in Tribune, June 20, 2016, accessible at http://www. chicagotri-
water from 60 buildings; will replace 580 outlets,” Cleveland. bune.com/news/ct-chicago-school-lead-water- meetings-met-
com, November 18, 2016, accessible at http://www.cleveland. 20160620-story.html, and Emily Coleman, “Water test: High
com/healthfit/index.ssf/2016/11/cleveland_schools_find_dan- levels of lead found in 10 percent of Waukegan schools,” Lake
gerous_lead_lev- els_in_water_from_60_buildings_will_re- County News-Sun, August 22, 2016, accessible at http://www.
place_580_out- lets.html and Greater Cincinnati Water Works, chicagotribune.com/ suburbs/lake-county-news-sun/news/ct-
(letter from Greater Cincinnati Water Works to Cincinnati Public lns-waukegan- district-60-lead-water-st-0819-20160822-story.
Schools), August 6, 2016, accessible at https://www.scribd. com/ html, and Jake Griffin, “Why schools won’t test for lead,” Daily
document/322734381/Letter-from-Greater-Cincinna- ti-Water- Herald, December 6, 2016, accessible at http://www.dailyherald.
Works-to-CPS; Oregon – Kelly House, “Portland schools lead: com/article/20161206/news/161209344/.
Superintendent Carole Smith vows to ‘take responsibility’,” The
Oregonian, June 4, 0216, accessible at http://www.oregonlive. 39 Brie Zeltner, “Cleveland schools find dangerous lead
com/portland/index.ssf/2016/06/ portland_schools_lead_su- levels in water from 60 buildings; will replace 580 outlets,”
perint.html; Texas – Scott Noll, “Houston-area schools fail to test Cleveland.com, November 18, 2016, accessible at http://www.
for lead despite federal guidelines,” KHOU.com, October 5, 2016, cleveland.com/healthfit/index.ssf/2016/11/cleveland_schools_
acces- sible at http://www.khou.com/news/investigations/high- find_dangerous_lead_levels_in_water_from_60_buildings_
lead-levels-found-in-houston-area-schools/329239520; Wash- will_replace_580_outlets.html.
ington D.C. – Sarah Anne Hughes, “D.C. Tested Public Schools’
40 Jake Griffin, “Why schools won’t test for lead,” Daily
Water for Lead. More Than 60 Had High Levels,” Washington City
Herald, December 6, 2016, accessible at http://www.dailyherald.
Paper, June 27, 2016, accessible at http:// www.washingtoncity-
com/article/20161206/news/161209344/.
paper.com/news/article/20782859/dc-tested-public-schools-
water-for-lead-more-than-60-had-high-levels; Wisconsin - Cara
41 Data from the Massachusetts Executive Office of
Lombardo and Dee Hall, “‘Regulatory vacuum’ exposes Wis-
Energy and Environmental Affairs’ Data Portal, “Lead and Copper
consin children to lead in drinking water at schools, day care
in School Drinking Water Sampling Results,” Mass.gov, updated
centers,” Wis- consinWatch.org, December 18, 2016, accessible
on February 18, 2019, https://eeaonline.eea.state.ma.us/por-
at http:// wisconsinwatch.org/2016/12/regulatory-vacuum-ex-
tal#!/search/leadandcopper/results?FacilityType=School%20
poses- wisconsin-children-to-lead-in-drinking-water-at-schools-
(SCH)&SchoolName=Leicester%20Memorial%20
day-care-centers/.
Elementary&AnalyteName=LEAD .
35 Jim Walsh, “Lead level high in Cherry Hill class- room,”
42 All data calculated from the Massachusetts Execu-
Courier-Post, December 7, 2016, accessible at http:// www.cou-
tive Office of Energy and Environmental Affairs’ data portal of
rierpostonline.com/story/news/local/south- jersey/2016/12/07/
lead test results, “Lead and Copper in School Drinking Water
cherry-hill-lead-water/95095118/.
Sampling Results,” Mass.gov, as of December 18th 2018, https://
eeaonline.eea.state.ma.us/portal#!/search/leadandcopper. Data
36 Gillian Graham, “Excess lead in Yarmouth schools’
analysis done by Damon Guterman of Massachusetts DEP, per-
water sparks call for testing at all schools,” Portland Press Herald,
sonal communication via email.
September 2, 2016, accessible at http://www. pressherald.
com/2016/09/01/excess-lead-in-water-sparks- call-for-testing-at- 43 Miguel A. Del Toral, Andrea Porter and Michael R.
all-schools/. Schock, “Detection and Evaluation of Elevated Lead Release
from Service Lines: A Field Study,” Environmen- tal Science and
Technology Vol 47, No 16, July 2013, page 9304, accessible at
http://pubs.acs.org/doi/abs/10.1021/es4003636.
Endnotes 44
62 Drinking Water Contaminants – Standards and 73 “SB-1398 Public water systems: lead user service lines,”
Regulations, U.S. EPA available at https://www.epa.gov/dwstan- California Legislature, accessed December 10, 2016, available at
dardsregulations/use-lead-free-pipes-fittings-fixtures-solder- http://leginfo.legislature.ca.gov/faces/billNav- Client.xhtml?bill_
and-flux-drinking-water id=201520160SB1398.
63 U.S. Congress, “An Act To amend the Safe Drink- ing 74 Governor Scott Walker, Governor Walker Adminis-
Water Act to reduce lead in drinking water,” Congress. gov, Janu- tration Awards More Than $26 Million for Lead Service Line
ary 4, 2011, accessible at https://www.congress. gov/111/plaws/ Replacement in 42 Wisconsin Communities (press release), 18
publ380/PLAW-111publ380.pdf. July, 2018, https://urbanmilwaukee.com/pressrelease/governor-
walker-administration-awards-more-than-26-million-for-lead-
64 Interview with Yanna Lambridinou, PhD, on February 1, 2017. service-line-replacement-in-42-wisconsin-communities/.
65 Basic Information for Lead in Drinking Water, U.S. EPA 75 “Childhood Lead Exposure Prevention Amend- ment
available at https://www.epa.gov/ground-water-and-drinking- Act of 2017,” Council of the District of Columbia, (pro- posed
water/basic-information-about-lead-drinking-water ordinance), accessed on January 28, 2017, available at http://lims.
dccouncil.us/Download/37185/B22-0029-In- troduction.pdf.
66 See Georgina Gustin “Toxic Algal Blooms Occur-
ing More Often”, Inside Climate News available at https:// 76 Environmental Law Institute, Drinking Water Quality in
insideclimatenews.org/news/15052018/algae-blooms-climate- Child Care Facilities: A Review of State Policy (August 2015)
change-methane-emissions-data-agriculture-nutrient-runoff-
fertilizer-sewage-pollution-lake-erie; Amanda Schmidt, “600,000 77 Rep. Lori Ehrlich and Senator Joan Lovely, HD 3765 An
customers warned of drinking water as North Carolina’s flooded Act ensuring safe water in schools. Available at https://malegisla-
hog farms, waste lagoons under scrutiny for contamination”, ture.gov/Bills/191/HD3765
MSN.com September 19 2018 available at https://www.msn.com/
en-us/news/us/600000-customers-warned-of-drinking-water- 78 Sen. Brian Campion S.40 An act relating to testing and
as-north-carolinas-flooded-hog-farms-waste-lagoons-under- remediation of lead in the drinking water of schools and child
scrutiny-for-contamination/ar-BBNyHqr ; and John Rumpler, care facilities. Available at https://legislature.vermont.gov/bill/
“Accidents Waiting to Happen,” Environment America Research status/2020/S.40
& Policy Center (June 2016) and sources therein, available at
https://environmentamerica.org/sites/environment/files/re- 79 Rep. Pollet, HB 1860 Addressing Lead in Drinking Water
ports/WEB_AME_Accidents-Report-Jan19.pdf in Schools. Available at https://app.leg.wa.gov/billsummary?BillN
umber=1860&Year=2019&Initiative=false
67 “Lead and Copper Rule,” U.S. EPA accessed February 20,
2019 at https://www.epa.gov/dwreginfo/lead-and-copper-rule 80 Rep. Boback HB 2025. Amending An Act relating to the
public school systems. February 5th 2018, available at https://
68 Lead and Copper Rule, 56 FR 26548 §141.80 (1991). www.legis.state.pa.us/cfdocs/legis/PN/Public/btCheck.cfm?txtT
Available at https://www.ecfr.gov/cgi-bin/textidx?SID=9c5415b2 ype=PDF&sessYr=2017&sessInd=0&billBody=H&billTyp=B&billN
fe8eb76878a169c14454171f&mc=true&node=sp40.25.141.i&rgn= br=2025&pn=2984
div6
81 Nicky Oullet, Proposed Rule Would Require Lead Testing
69 Lead and Copper Rule, 56 FR 26548 §141.80 (1991). In All Montana Schools. October 30th 2018, available at http://
Available at https://www.ecfr.gov/cgi-bin/textidx?SID=9c5415b2 www.mtpr.org/post/proposed-rule-would-require-lead-testing-
fe8eb76878a169c14454171f&mc=true&node=sp40.25.141.i&rgn= all-montana-schools
div6
82 Bill HD 3765 An Act Ensuring Safe Drinking Water in
70 United States Environmental Protection Agency, 3Ts for Schools, 191st Congress of the Commonwealth of Massachusetts,
Reducing Lead in Drinking Water in Schools and Child Care Facil- available at https://malegislature.gov/Bills/191/HD3765
ities, updated October 2018. Available at https://www.epa.gov/
sites/production/files/2018-09/documents/final_revised_3ts_ 83 Bill HD 3765 An Act Ensuring Safe Drinking Water in
manual_508.pdf Schools, 191st Congress of the Commonwealth of Massachusetts,
available at https://malegislature.gov/Bills/191/HD3765 ; and
71 United States Environmental Protection Agency, 3Ts for SD 1991 An Act Ensuring Safe Drinking Water in Schools, 191st
Reducing Lead in Drinking Water in Schools and Child Care Facil- Congress of the Commonwealth of Massachusetts, available at
ities, updated October 2018. Available at https://www.epa.gov/ https://malegislature.gov/Bills/191/SD1991
sites/production/files/2018-09/documents/final_revised_3ts_
manual_508.pdf 84 “Pollet’s HB 1860 addresses lead in school water”,
Washington House Democrats, February 5th 2019, available at
72 John Rumpler and Christina Schleagal, February 1st https://housedemocrats.wa.gov/pollet/2019/02/05/pollets-hb-
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get-lead-out
94 Interview with Michael Thomas, Superintendent of 105 Susan Bence, “Milwaukee Announces Water Filter Plan
Brockton Public Schools. December 7th 2018. to Help Address Lead Pipes,” Milwaukee Public Radio, Novem-
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95 San Diego Unified School District, Drinking Water sam- announces-water-filter-plan-help-address- lead-pipes#stream/0.
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fied.org/watersampling 106 Michael Hawthorne and Peter Matuszak, “As other cities
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Endnotes 46