(a) The state board shall promulgate a rule pursuant to § 29A-3B-1 et seq. of this code on or before November 1, 2022, to require newly constructed public school buildings to include the following:

Terms Used In West Virginia Code 18-9G-3

  • board: means a county board of education. See West Virginia Code 18-1-1
  • School: means the students and teachers assembled in one or more buildings, organized as a unit. See West Virginia Code 18-1-1
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • State board: means the West Virginia Board of Education. See West Virginia Code 18-1-1

(1) A minimum of one water bottle filling station on each floor and wing of each public school building;

(2) At least one water bottle filling station in all school food service areas;

(3) At least one water bottle filling station near gymnasiums and outdoor learning and activity areas, including playgrounds and athletic facilities; and

(4) A minimum of at least one water bottle filling station per 200 building occupants projected upon completion of the projected construction.

(b) The state board shall promulgate a rule pursuant to § 29A-3B-1 et seq. of this code on or before November 1, 2022, to require existing public school buildings undergoing a major improvement to include a minimum of half of the facility’s existing water coolers being retrofitted or replaced to provide water bottle filling capability and be made ADA compliant. Pending the availability of a water supply line and sanitary plumbing, the preferred placement of these stations shall be in the following areas:

(1) School food service areas;

(2) Near gymnasiums and outdoor learning and activity areas, including playgrounds and athletic facilities; and

(3) Grouped toilet areas.

(c) Any water bottle filling station installed in a public school building shall:

(1) Dispense filtered, clean drinking water;

(2) Be touchless for sanitary reasons;

(3) Be regularly cleaned to maintain sanitary conditions; and

(4) Be regularly maintained to ensure proper functioning.

(d) County boards shall adopt a policy to permit students in schools with one or more water bottle filling stations to carry water bottles.