Sec. 4. (a) Except as provided in subsection (c), the owner or operator having authority over a child care facility or preschool shall test the drinking water in the child care facility or preschool before January 1, 2026, to determine whether lead is present in the drinking water in a concentration that equals or exceeds the action level for lead.

     (b) Drinking water testing required by this section must be performed in accordance with the lead sampling program for school buildings and child care facilities conducted by the Indiana finance authority.

Terms Used In Indiana Code 16-41-21.2-4

  • action level for lead: means the concentration of lead in water of fifteen (15) parts per billion, or fifteen-thousandths (0. See Indiana Code 16-41-21.2-1
  • child care facility: means any of the following:

    Indiana Code 16-41-21.2-2

  • preschool: has the meaning set forth in Indiana Code 16-41-21.2-3
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
     (c) If the drinking water in a child care facility or preschool has been tested through a lead sampling program conducted by the Indiana finance authority, the owner or operator having authority over the child care facility or preschool is not required to test the drinking water in the child care facility or preschool before January 1, 2026, under subsection (a).

     (d) If the testing of the drinking water in a child care facility or preschool under this section indicates that the presence of lead in the drinking water equals or exceeds the action level for lead, the owner or operator having authority over the child care facility or preschool shall take action to reduce the concentration of lead in the drinking water to a level below the action level for lead by:

(1) eliminating the source of the lead in the drinking water; or

(2) installing a water filtration system that will reduce the level of lead in the drinking water to a level below the action level for lead.

     (e) A water filtration system installed under subsection (d)(2) must meet the following conditions, as applicable:

(1) If the system is a point-of-use water filtration system, it must be certified by a certifying body accredited by a signatory to the International Accreditation Forum Multilateral Recognition Arrangement (IAFMlA), such as the American National Accreditation Board (ANAB), for drinking water treatment units for lead reduction.

(2) If the system is a water treatment system on a drinking water outlet, it must be third party certified:

(A) under NSF/ANSI 53 for lead reduction;

(B) under NSF/ANSI 42 for particulate reduction (Class 1); or

(C) under NSF/ANSI 58 for lead reduction.

     (f) If the owner or operator of a child care facility or preschool installs a water filtration system under subsection (d)(2), the owner or operator shall:

(1) follow the manufacturer’s instructions for the installation, use, and maintenance of the water filtration system; and

(2) create and follow a maintenance schedule that identifies the person responsible for the installation and maintenance of the water filtration system.

     (g) The environmental rules board shall, under IC 4-22-2 and IC 13-14-9, adopt rules, including emergency rules adopted in the manner provided by IC 4-22-2-37.1, concerning the lead action level. Rules adopted by the environmental rules board shall conform with the forthcoming Lead and Copper Rule Improvements (LCRI) being promulgated by the United States Environmental Protection Agency. Notwithstanding IC 4-22-2-37.1(g), the emergency rules that are adopted under this subsection and in the manner provided by IC 4-22-2-37.1 expire on the date on which rules that supersede the emergency rules are adopted by the board under this subsection and IC 4-22-2-24 through IC 4-22-2-36.

As added by P.L.125-2023, SEC.2.

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