SB 328

                SPONSOR:
                Sen. Hansen & Rep. K. Williams
                Reps. Berry, Neal, Ortega, Kamela Smith
        DELAWARE STATE SENATE
        153rd GENERAL ASSEMBLY
        SENATE BILL NO. 328
        AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BUILDING SAFETY.
        WHEREAS, the Division of Public Health is currently testing for lead in drinking water in schools; and
        WHEREAS, the Division of Public Health is looking to reduce the action level of lead in drinking water to 10 parts per billion, but will be testing for levels as low as 5 parts per billion; and
        WHEREAS, lead at any level, even 1 part per billion, could be cause for concern; and
        WHEREAS, the results of the Division of Public Health’s findings may lead to continued reductions in the allowable maximum levels of lead in the future.
        NOW, THEREFORE:
        BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
        Section 1. Amend Chapter 23, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
        § 2301. Definitions.
        As used in this chapter:
        (3) “Facilities evaluation instrument” means a document
        developed
        established by regulations
        by March 1, 2027,
         by the Department of Education that includes the evaluation detail component and the standard of good repair that is used to determine whether a school facility is in good repair. The facilities evaluation instrument may not require capital improvements beyond the standards to which the facility was designed and constructed.
        § 2307. School building maintenance standards.
        (12) Hazardous materials (interior and exterior)
        , including lead-based paint and lead-based paint hazards
        .
        SYNOPSIS
        This Act updates the school building maintenance standards to require the facilities evaluation instrument be established through regulation by the Department of Education rather than just through guidance from the Department.  It also clarifies that the minimum standard of good repair facility category related to hazardous materials includes that of lead.
        Author: Senator Hansen