Journal of the House ________________ Wednesday, May 22, 2019 At ten o'clock in the forenoon the Speaker called the House to order. Devotional Exercises Devotional exercises were conducted by Rep. Curt Taylor of Colchester. Pledge of Allegiance The Speaker led the House in the Pledge of Allegiance. Message from the Senate No. 64 A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows: Madam Speaker: I am directed to inform the House that: The Senate has considered House proposal of amendment to Senate bill of the following title: S. 96. An act relating to the provision of water quality services. And has concurred therein with an amendment in the passage of which the concurrence of the House is requested. The Senate has considered a bill originating in the House of the following title: H. 547. An act relating to approval of an amendment to the charter of the City of Montpelier. And has passed the same in concurrence. The Senate has considered House proposals of amendment to Senate bills of the following titles: S. 30. An act relating to the regulation of hydrofluorocarbons. S. 31. An act relating to informed health care financial decision making. S. 37. An act relating to medical monitoring. S. 105. An act relating to miscellaneous judiciary procedures. And has concurred therein. 1817 JOURNAL OF THE HOUSE 1818 The Senate has considered the report of the Committee of Conference upon the disagreeing votes of the two Houses upon Senate bill of the following title: S. 95. An act relating to municipal utility capital investment. And has accepted and adopted the same on its part. Message from the Senate No. 65 A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows: Madam Speaker: I am directed to inform the House that: The Senate has considered House proposals of amendment to Senate proposal of amendment to House bill of the following title: H. 543. An act relating to capital construction and State bonding. And has concurred therein. The Senate has considered a bill originating in the House of the following title: H. 351. An act relating to workers’ compensation, unemployment insurance, and ski tramway amendments. And has passed the same in concurrence with proposals of amendment in the adoption of which the concurrence of the House is requested. House Resolution Adopted H.R. 11 House resolution, entitled House resolution congratulating North Country Hospital on its centennial Was taken up and adopted on the part of the House. House Resolution Adopted H.R. 12 House resolution, entitled House resolution commemorating the 250th anniversary of the Town of Royalton Was taken up and adopted on the part of the House. 1819 WEDNESDAY, MAY 22, 2019 Senate Proposal of Amendment Not Considered; Point of Order Committee of Conference Appointed; Rules Suspended; Bill Messaged to the Senate Forthwith S. 73 The Senate proposed to the House to amend Senate bill, entitled An act relating to licensure of ambulatory surgical centers The Senate concurs in the House proposal of amendment to the Senate proposal of amendment to the House proposal of amendment with further proposals of amendment as follows: First: By striking out Sec. 4a, Green Mountain Care Board; ambulatory surgical center reporting requirements; prospective repeal, in its entirety and inserting in lieu thereof a new Sec. 4a to read as follows: Sec. 4a. AMBULATORY SURGICAL CENTER REPORTING; APPLICABILITY; PROSPECTIVE REPEAL (a) 18 V.S.A. § 9375(b)(14) (Green Mountain Care Board; ambulatory surgical center reporting requirements) is repealed on January 16, 2026. (b) The information to be reported by the Green Mountain Care Board pursuant to 18 V.S.A. § 9375(b)(14)(B) shall be included beginning with the Board’s 2021 annual report. (c) Notwithstanding any provision of 18 V.S.A. § 9375(b)(14) or this section to the contrary, following submission of its 2023 annual report, the Green Mountain Care Board shall not be required to collect, review, or report further data regarding an ambulatory surgical center that was in operation on January 1, 2019. Second: In Sec. 6, effective dates, by striking out subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) Secs. 3a (18 V.S.A. § 9373), 4 (18 V.S.A. § 9375(b)), and 4a (ambulatory surgical center reporting; applicability; prospective repeal) and this section shall take effect on passage. Pending the question, Will the House concur in the Senate proposal of amendment to House Proposal of amendment to Senate proposal of amendment to House proposal of amendment? Thereupon, Rep. Young of Greensboro raised a point of order that the amendment was to the third degree and the amendment should not be considered which the Speaker ruled well taken. JOURNAL OF THE HOUSE 1820 Pursuant to the ruling, Rep. Lippert of Hinesburg moved that the House appoint a Committee of Conference. Thereupon, the Speaker appointed as members of the Committee of Conference on the part of the House: Rep. Lippert of Hinesburg Rep. Houghton of Essex Rep. Donahue of Northfield Thereupon, on motion of Rep. McCoy of Poultney, the rules were suspended and the bill was ordered messaged to the Senate forthwith. Report of Committee of Conference Adopted S. 40 The Speaker placed before the House the following Committee of Conference report: To the Senate and House of Representatives: The Committee of Conference to which were referred the disagreeing votes of the two Houses upon Senate bill, entitled An act relating to testing and remediation of lead in the drinking water of schools and child care facilities Respectfully reported that it has met and considered the same and recommended the following: Report of Committee of Conference S.40 TO THE SENATE AND HOUSE OF REPRESENTATIVES: The Committee of Conference, to which were referred the disagreeing votes of the two Houses upon Senate Bill, entitled: S.40. An act relating to testing and remediation of lead in drinking water. Respectfully reports that it has met and considered the same and recommends that Sec. 1. 18 V.S.A. chapter 24A is added to read: CHAPTER 24A. LEAD IN DRINKING WATER OF SCHOOLS AND CHILD CARE FACILITIES § 1241. PURPOSE The purpose of this chapter is to require all school districts, supervisory unions, independent schools, and child care providers in Vermont to: 1821 WEDNESDAY, MAY 22, 2019 (1) test drinking water in their buildings and child care facilities for lead contamination; and (2) develop and implement an appropriate response or lead remediation plan when sampling indicates unsafe lead levels in drinking water at a school or child care facility. § 1242. DEFINITIONS As used in this chapter: (1) “Action level” means four parts per billion (ppb) of lead. (2) “Alternative water source” means: (A) water from an outlet within the building or facility that is below the action level; or (B) containerized, bottled, or packaged drinking water. (3) “Building” means any structure, facility, addition, or wing that may be occupied or used by children or students. (4) “Child care provider” has the same meaning as in 33 V.S.A. § 3511. (5) “Child care facility” or “facility” has the same meaning as in 33 V.S.A. § 3511. (6) “Commissioner” means the Commissioner of Health. (7) “Department” means the Department of Health. (8) “Drinking water” has the same meaning as in 10 V.S.A. § 1671. (9) “Independent school” has the same meaning as in 16 V.S.A. § 11. (10) “Outlet” means a drinking water fixture currently or reasonably expected to be used for consumption or cooking purposes, including a drinking fountain, an ice machine, or a faucet as determined by a school district, supervisory union, independent school, or child care provider. (11) “School district” has the same meaning as in 16 V.S.A. § 11. (12) “Supervisory union” has the same meaning as in 16 V.S.A. § 11. § 1243. TESTING OF DRINKING WATER (a) Scope of testing. (1) Each school district, supervisory union, or independent school in the State shall collect a drinking water sample from each outlet in the buildings it owns, controls, or operates and shall submit the sample to the Department of Health for testing for lead contamination as required under this chapter. JOURNAL OF THE HOUSE 1822 (2) Each child care provider in the State shall collect a drinking water sample from each outlet in a child care facility it owns, controls, or operates for lead contamination as required under this chapter. (b) Initial sampling. (1) On or before December 31, 2020, each school district, supervisory union, independent school, or child care provider in the State shall collect a first-draw sample and a second flush sample from each outlet in each building or facility it owns, controls, or operates. Sampling shall occur during the school year of a school district, supervisory union, or independent school. (2) At least five days prior to sampling, the school district, supervisory union, independent school, or child care provider shall notify all staff and all parents or guardians of students directly in writing or by electronic means of: (A) the scheduled sampling; (B) the requirements for testing, why testing is required, and the potential health effects from exposure to lead in drinking water; (C) information, provided by the Department of Health, regarding sources of lead exposure other than drinking water; (D) information regarding how the school district, supervisory union, independent school, or child care provider shall provide notice of the sample results; and (E) how the school district, supervisory union, independent school, or child care provider shall respond to sample results that are at or above the action level.