House Bill 26-010

This act establishes statewide requirements for the regular testing and monitoring of drinking water and air quality to detect contaminants and protect public health. Public water systems must test for substances including lead and heavy metals, bacteria, industrial chemicals, agricultural contaminants, PFAS, pharmaceuticals, and microplastics. Primary drinking-water sources must generally be tested every two months, while systems serving more than 50,000 people must conduct monthly monitoring for contaminants designated as high risk. When contamination exceeds established standards, the water system must immediately notify the Department of Public Health and Environment and provide public notice to affected communities within 24 hours.

This act requires independent verification of contamination results, documented chain-of-custody procedures for water samples, and independent audits of public water-system testing at least once every two years. Additional testing is required for water systems serving schools, childcare facilities, hospitals, and long-term care facilities when contaminants pose heightened risks to vulnerable populations. The Department must also establish statewide air-quality monitoring standards, require appropriate emissions testing from industrial facilities and major emission sources, and establish real-time automated monitoring in designated high-risk areas. Continuous air-monitoring systems, however, may not be required unless their costs are fully subsidized by state or federal grants.

This act requires the Department to maintain a publicly accessible database containing water and air testing results, violations, corrective actions, health advisories, geographic contamination information, and at least five years of historical data. Public reports must include plain-language explanations of associated health risks, and significant contamination events may trigger real-time emergency notifications to affected residents. The Department may issue violations, corrective orders, administrative penalties, mandatory remediation requirements, and, for continued or willful violations, suspend operating permits or pursue civil enforcement. Repeat violators are subject to enhanced penalties, while rural and small water systems may receive technical assistance and grant support to achieve compliance. The act also protects employees and contractors from retaliation for reporting contamination or violations.

This act requires an interim implementation report by July 1, 2027, followed by annual reports beginning January 15, 2028 addressing contamination trends, enforcement actions, disproportionately affected communities, and recommended statutory changes. Regulated entities receive a 180-day period to register their testing protocols, and the General Assembly must review the program five years after its effective date to determine whether it should be continued, modified, or repealed. The act contains a safety clause declaring it necessary for the immediate preservation of public peace, health, or safety and was approved May 1, 2026.