Code of the District of Columbia

§ 7–2051. Prevention of lead in drinking water in child development facilities.

(a) Within 120 days of September 23, 2017, the Department of Energy and Environment ("DOEE") shall provide a list of approved contractors to all child development facilities, from which child development facilities shall select a contractor to assist in meeting the requirements of subsection (b) of this section.

(b) By September 31, 2019, each licensed child development facility shall:

(1) Locate all drinking water sources at the child development facility;

(2) Install a filter that reduces lead in drinking water on each drinking water source in the child development facility and maintain the filters, at a minimum, in a manner consistent with the manufacturer's recommendations. Filters or all of the filter's component parts shall be certified for lead reduction to the National Sanitation Foundation ("NSF")/American National Standards Institute ("ANSI") Standard 53 for Health Effects or NSF/ANSI Standard 61 for Health Effects;

(3) Post a conspicuous sign near each water source at the child development facility that is not a drinking water source, which includes an image that clearly communicates that the water source should not be used for cooking, when applicable, or consumed;

(4) Test all drinking water sources at the child development facility for lead annually;

(5) If a test conducted pursuant to paragraph (4) of this subsection shows a lead concentration over 5 parts per billion:

(A) Shut off the drinking water source as soon as possible but no later than 24 hours after receiving the test result and keep the drinking water source shut off until a subsequent test shows that the lead concentration level is not over 5 parts per billion;

(B) Determine, in writing, which remediation steps should be implemented to address the elevated lead concentration level;

(C) Send the test result and remediation steps to parents or guardians of children at the child development facility through email or written communication within 5 business days of receiving the test result; and

(D) Notify parents and guardians of children at the child development facility within 5 business days of the completion of the remediation steps required by subparagraph (B) of this paragraph.

(c)(1) Any contractor selected pursuant to subsection (a) of this section shall, at times and in a manner to be determined by the Mayor, provide the child development facility that selected the contractor with written proof that the contractor's service complied with the requirements of this section.

(2) A child development facility shall, at times and in a manner to be determined by the Mayor, provide proof of compliance with this section to DOEE.

(d) After a child development facility provides proof of compliance to DOEE pursuant to subsection (c)(2) of this section and DOEE determines that the child development facility has complied with all the requirements of this section, DOEE shall:

(1) Compensate the contractor selected pursuant to subsection (a) of this section, pursuant to rules issued pursuant to subsection (i) of this section; and

(2) Notify the Office of the State Superintendent of Education ("OSSE") that the child development facility has complied with the requirements of this section.

(e)(1) If a contractor provides a false or misleading proof of compliance under subsection (c)(1) of this section, the Mayor shall, for a 5-year period:

(A) Remove the contractor from all DOEE-approved contractor lists;

(B) Prohibit the contractor from participating in the activities described in this section; and

(C) Prohibit the contractor from conducting business with the District government.

(2) The penalty provided in this subsection shall be in addition to any other penalty provided by law.

(3) A person aggrieved by an action of the Mayor taken pursuant to this subsection may appeal the action of the Mayor to the Office of Administrative Hearings pursuant to § 2-1831.03(b-14).

(f)(1) The Mayor may, at any reasonable time and with reasonable notice, and upon the presentation of appropriate credentials to, and with the consent of, the owner, operator, or person in charge:

(A) Enter a child development facility to determine compliance with this section; and

(B) Inspect and copy any record, report, or other document or information related to compliance with this section.

(2) If the Mayor is denied access to enter a child development facility or to inspect and copy records pursuant to paragraph (1) of this subsection, the Mayor may apply to the Superior Court of the District of Columbia for a search warrant.

(g) OSSE, in consultation with DOEE, shall provide to the Mayor, the Council, and the Healthy Schools and Youth Commission, no later than June 30 of each year, a report on child development facility compliance with this section.

(h) Nothing in this subsection is intended to, or does, create a private right of action against any person or entity based upon compliance or noncompliance with its provisions. No person or entity may assert any claim or right as a beneficiary or protected class under this subsection in any civil, criminal, or administrative action against the District of Columbia.

(i) Within 120 days after September 23, 2017, the Mayor, in consultation with OSSE, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this section, including rules by which DOEE shall compensate contractors for services provided under subsection (b) of this section.


(Apr. 13, 1999, D.C. Law 12-215, § 21a; as added Sept. 23, 2017, D.C. Law 22-21, § 5(b), 64 DCR 7631.)

Emergency Legislation

For temporary (90-day) creation of this section, see § 6132(b) of the Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).

For temporary (90-day) creation of this section, see § 6132(b) of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).

Editor's Notes

Section 10 of D.C. Law 22-21 repealed §§ 6131 to 6134 of D.C. Law 22-33 before D.C. Law 22-33 became effective as law, which would have amended this section.

Section 9 of D.C. Law 22-21 provided that within one year after September 23, 2017, the Mayor shall host 4 community meetings open to the public on the implementation of D.C. Law 22-21 and notify the public about each meeting on the Department of General Services website at least one month before the meeting is held.