1 New Section; PFAS Levels in Drinking Water; Schools and Child Care Facilities.. Amend RSA 485 by inserting after section 17-a the following new section:

485:17-b Per and Polyfluoroalkyl Substance Levels in Drinking Water in Schools and Licensed Child Care Facilities.

I. Upon the effective date of this section, and within every 5-year period thereafter, public and private schools and licensed child care facilities that have not sampled in the prior 2 years shall test for the presence of per and polyfluoroalkyl substances (PFAS) in drinking water at all locations at the facility that is available for consumption by children. Such testing shall be in accordance with guidance from the department. If test results demonstrate the presence of PFAS in a concentration that exceeds the applicable standard established by the department or the Environmental Protection Agency, whichever is more stringent, the school or licensed child care facility shall, within 5 business days, notify parents and guardians of the excessive levels. The school or licensed child care facility shall, as an interim measure, ensure that the children are provided only drinking water that meets the standard. The school or licensed child care facility shall also implement a remediation plan, as approved by the department, within 30 days of notification of parents or, in consultation with the department, as soon as practicable. The department shall review the plan and any associated submittals within 30 days of receiving them. If 3 consecutive rounds of sampling performed every 5 years are below the standard, further testing shall not be required.

II. Any time the applicable state standard for PFAS in drinking water is changed, public and private schools and licensed child care facilities shall, within 30 days, compare the results of their most recent testing with such new standard and, in the event any such results exceed the new standard, proceed with the requirements of paragraph I relative to notice, remediation, and interim measures.

2 Effective Date. This act shall take effect July 1, 2022.

1 New Section; PFAS Levels in Drinking Water; Schools and Child Care Facilities.. Amend RSA 485 by inserting after section 17-a the following new section:

485:17-b Per and Polyfluoroalkyl Substance Levels in Drinking Water in Schools and Licensed Child Care Facilities.

I. Upon the effective date of this section, and within every 5-year period thereafter, public and private schools and licensed child care facilities that have not sampled in the prior 2 years shall test for the presence of per and polyfluoroalkyl substances (PFAS) in drinking water at all locations at the facility that is available for consumption by children. Such testing shall be in accordance with guidance from the department. If test results demonstrate the presence of PFAS in a concentration that exceeds the applicable standard established by the department or the Environmental Protection Agency, whichever is more stringent, the school or licensed child care facility shall, within 5 business days, notify parents and guardians of the excessive levels. The school or licensed child care facility shall, as an interim measure, ensure that the children are provided only drinking water that meets the standard. The school or licensed child care facility shall also implement a remediation plan, as approved by the department, within 30 days of notification of parents or, in consultation with the department, as soon as practicable. The department shall review the plan and any associated submittals within 30 days of receiving them. If 3 consecutive rounds of sampling performed every 5 years are below the standard, further testing shall not be required.

II. Any time the applicable state standard for PFAS in drinking water is changed, public and private schools and licensed child care facilities shall, within 30 days, compare the results of their most recent testing with such new standard and, in the event any such results exceed the new standard, proceed with the requirements of paragraph I relative to notice, remediation, and interim measures.

2 Effective Date. This act shall take effect July 1, 2022.