Budget Amendment ID: FY2020-S3-228

EDU 228

Lead in School Drinking Water Trust Fund

Ms. Lovely, Mr. Moore, Ms. Comerford, Messrs. Welch, Eldridge, Humason, O'Connor, Feeney and Crighton moved that the proposed new text be amended in section 2, by inserting after item 7010-0005 the following new item:- "xxxx-xxxx for the Lead in School Drinking Water Trust Fund pursuant to section xx of this act..................................................$20,391,835”;

and by inserting the following section:-

SECTION XX. Chapter 29, as appearing in the 2016 Official Edition of the General Laws, is hereby amended by inserting after section 2VVVV the following section: -

“Section 2WWW. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Lead in School Drinking Water Trust Fund. The fund shall be administered by the commissioner of elementary and secondary education in consultation with the department. The fund shall be credited with: (i) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (ii) interest earned on such revenues; and (iii) funds from public and private sources such as gifts, grants and donations to further school districts to remove lead from school drinking water. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of the fiscal year shall not revert to the General Fund.

(b) Amounts credited to the fund may be expended, without further appropriation, by the commissioner to assist with the implementation of section 160H of chapter 111. The commissioner shall promulgate rules and regulations related to disbursement and expenditures of funds by school districts to assist in meeting the requirements of section 160H of chapter 111.

(c) Amounts received from private sources shall be approved by the commissioner of elementary and secondary education and subject to review before being deposited in the fund to ensure that pledged funds are not accompanied by conditions, explicit or implicit, on the implementing of removing lead from school drinking water. The review shall be made publicly available.

(d) Annually, not later than October 1, the commissioner of elementary and secondary education shall report to the clerks of the house of representatives and senate, the joint committee on education and the house and senate committees on ways and means on the fund’s activity. The report shall include, but not be limited to: (i) the source and amount of funds received; (ii) the amounts distributed and the purpose of expenditures from the fund, including, but not limited to, funds expended to assist school districts and in meeting the requirements in section 160H of chapter 111; (iii) any grants provided to public schools; and (iv) anticipated revenue and expenditure projections for the next year.”