BILL REQ. #:  H-1665.2 

Read first time 02/22/2005.   Referred to Committee on Health Care.

     AN ACT Relating to toxic mold in schools; adding a new chapter to Title 70 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature declares that a safe and healthy environment for Washington's school children is of great importance. The legislature finds that children are especially vulnerable to contaminants, which can impair health and reduce learning. The legislature also finds that it is important that the indoor air quality, and instructional areas and play areas in all schools are safe. Recognizing that the presence of toxic mold can adversely impact the air quality of a school, the legislature finds that the best way to ensure that individual school buildings are free from toxic mold is through testing air of affected buildings and developing and implementing corrective action plans when problems are found.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Board" means the state board of health.
     (2) "Department" means the department of health.
     (3) "Local school governing authority" means a local board of education under chapter 28A.330 RCW or school decision-making authority for private schools under chapter 28A.195 RCW.
     (4) "School" means common schools under RCW 28A.150.020 and approved private schools under chapter 28A.195 RCW.

NEW SECTION.  Sec. 3   (1) The board shall adopt rules for toxic mold levels in school facilities by August 1, 2006. The rules shall include: (a) Toxic mold quality monitoring requirements and action levels; (b) toxic mold testing protocols and testing thresholds; (c) deadlines for schools to complete toxic mold testing; (d) requirements and deadlines for posting test results, and for providing notice to students, parents, school staff, and the public when test results exceed established action levels; and (e) requirements for the local school governing authority to report to the community on implementation of corrective actions.
     (2) At a minimum, the board shall require each local school governing authority to maintain records of safety inspections and testing results for environmental health hazards, including toxic mold, for all school facilities, and communicate the availability of these records to school employees and the public, either through the internet or by direct mailing. School records of environmental health hazards shall include all available testing and remediation records for drinking water, indoor air quality, mold, contaminated soil, asbestos, and safety hazards. The board shall require each local school governing authority to provide written notification annually or upon enrollment to parents or guardians of students and employees describing the school's environmental hazard testing and remediation policies and methods, including the posting and notification requirements of this section.
     (3) In adopting rules, the board shall also recognize that the public has the right to know and to review plans to remediate environmental health hazards, before remediation efforts occur. The public also has the right to review records of testing, inspections, and postremediation assessments. The public shall be notified of the availability of these records on the internet or by direct mailing.

NEW SECTION.  Sec. 4   (1) It is the intent of this chapter that the exclusive responsibility for undertaking corrective actions to respond to environmental health hazards in schools remains with the governing entities of the school institutions, but also ensure that sufficient tests are conducted to identify where such hazards are occurring and that test results are widely accessible to parents, students, staff, and to local and state health departments. In this effort, local departments of health shall annually certify compliance of schools with this chapter based on oversight and compliance guidelines provided by the department. Therefore, while it is the intent of this chapter not to provide additional corrective action authority to the board or the department, the department shall report the status of the testing and reporting program as required by subsection (2) of this section, and for the legislature to determine upon consideration of the report at that time whether the board or department should be granted additional corrective action enforcement authority.
     (2) The department shall post on its web site the results of testing received under the standards established in section 3 of this act, as well as corrective action and monitoring reports provided. Each school or school district that maintains a web site shall also post such test results and reports.
     (3) The department shall examine compliance with adopted standards and rules and provide a report to the appropriate committees of the legislature biennially, beginning December 1, 2007. In the report due December 1, 2011, the department shall report on the status of testing, disclosure of test results, and corrective actions taken at school facilities across the state. This report shall include any recommendations for legislation that would improve compliance with, or facilitate the enforcement or achievement of, environmental hazard standards established under this chapter, including any needed compliance enforcement authority to be added to this chapter.

NEW SECTION.  Sec. 5   Within available funds, the department shall provide technical assistance to school administrators in conducting toxic mold testing and corrective actions pursuant to this chapter. The department and the board shall cooperate with local health jurisdictions in establishing the standards under section 3 of this act and in providing the technical assistance under this section.

NEW SECTION.  Sec. 6   This chapter does not apply to schools that are regulated as nontransient noncommunity systems under chapter 246-290 WAC.

NEW SECTION.  Sec. 7   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

NEW SECTION.  Sec. 8   Sections 1 through 7 of this act constitute a new chapter in Title 70 RCW.