(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:(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 facilitys 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 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.
West Virginia Legal Code