House File 335 - Introduced HOUSE FILE 335 BY ISENHART , DONAHUE , STAED , ANDERSON , KURTH , BENNETT , WINCKLER , and ABDUL-SAMAD A BILL FOR An Act relating to lead and copper testing in water supply 1 systems serving child care facilities and schools, and 2 making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1884YH (5) 89 js/ns
H.F. 335 Section 1. NEW SECTION . 135.105E Lead and copper testing in 1 child care facilities and schools. 2 1. For purposes of this section, “water supply system” means 3 the infrastructure used to transmit water from a water utility, 4 well source, or other source of water, whether publicly or 5 privately owned, to an end user. 6 2. a. Consistent with the requirements of 40 C.F.R. pt. 7 141, subpt. I, the owner or operator of a water supply system 8 shall collect samples at least annually at no fewer than twenty 9 percent of the child care facilities, as defined in section 10 237A.1, and no fewer than twenty percent of the school district 11 attendance centers, as defined in section 279.71, that the 12 water supply system serves and such samples shall be tested 13 for the presence of lead and copper. The owner or operator of 14 a water supply system shall ensure that samples are collected 15 from every child care facility and every school district 16 attendance center that the water supply system serves during 17 each five-year period. 18 b. The water supply system shall report respective results 19 of test samples to the child care facility or school district 20 attendance center that was tested. Upon reporting results, 21 the water supply system shall provide information on actions 22 that the child care facility or school district attendance 23 center can take to reduce the presence of lead and copper in 24 the drinking water. The water supply system shall also provide 25 information on methods to communicate results to users of the 26 child care facility or school district attendance center and 27 to parents or guardians of children who attend the child care 28 facility or school district attendance center. 29 c. (1) On or before August 1, 2022, and annually 30 thereafter, each water supply system shall submit a report 31 to the department of public health and the department of 32 natural resources. The report shall include the results of all 33 tests conducted on child care facilities and school district 34 attendance centers by the water supply system between July 1 of 35 -1- LSB 1884YH (5) 89 js/ns 1/ 4
H.F. 335 the prior year and June 30 of the reporting year. 1 (2) On or before August 1, 2022, and annually thereafter, 2 each water supply system shall submit a report to the local 3 board that has jurisdiction over a child care facility or 4 school district attendance center that the water supply system 5 had tested during the reporting period. The report shall 6 include the results of all tests conducted by the water supply 7 system at child care facilities and school district attendance 8 centers in the local board’s jurisdiction between July 1 of the 9 prior year and June 30 of the reporting year. 10 d. (1) A water supply system shall compile a list of all 11 child care facilities and school district attendance centers 12 in the water supply system’s service area. The water supply 13 system shall make the list available on the system’s internet 14 site. 15 (2) The water supply system shall annually contact each 16 child care facility and school district attendance center in 17 the water supply system’s service area to provide information 18 about the health risks of lead and copper in drinking water, 19 schedule sample collection if required under paragraph “a” , 20 and provide the most recent guidance from the United States 21 environmental protection agency on lead and copper reduction 22 strategies. This subparagraph is repealed July 1, 2026. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to testing for lead and copper in water 27 supply systems serving child care facilities and schools. 28 Federal regulations currently require water supply systems 29 to compile a pool of targeted sampling sites in the water 30 supply system’s distribution system that “is sufficiently 31 large to ensure that the water system can collect the number 32 of lead and copper tap samples” as required depending on the 33 size of the water supply system. Federal regulations provide 34 procedures for additional monitoring and mitigation measures. 35 -2- LSB 1884YH (5) 89 js/ns 2/ 4
H.F. 335 The bill requires each water supply system, as defined in the 1 bill, to collect samples annually from no fewer than 20 percent 2 of the child care facilities and no fewer than 20 percent of 3 the school district attendance centers that the water supply 4 system serves. Such samples shall be tested for the presence 5 of lead and copper. The bill requires the owner or operator 6 of a water supply system to ensure that samples are collected 7 from every child care facility and every school district 8 attendance center that the water supply system serves during 9 each five-year period. 10 The bill requires a water supply system to provide the 11 respective results to the child care facility or school 12 district attendance center that was tested and include 13 information on actions to reduce the presence of lead and 14 copper in the drinking water and methods to communicate results 15 to users. The bill requires each water supply system to submit 16 an annual report to the department of public health, the 17 department of natural resources, and the local boards of health 18 having jurisdiction over a location that was tested during the 19 reporting period. The report shall include test results from 20 July 1 of the preceding year through June 30 of the reporting 21 year. 22 The bill requires each water supply system to compile a list 23 of all child care facilities and school district attendance 24 centers in the water supply system’s service area and make the 25 list available on the system’s internet site. Until July 1, 26 2026, the water supply system shall annually contact each child 27 care facility and school district attendance center in the 28 water supply system’s service area to provide information about 29 the health risks of lead and copper in drinking water, schedule 30 sample collection when required by the bill, and provide the 31 most recent guidance from the U.S. environmental protection 32 agency on lead and copper reduction strategies. 33 By operation of law, a person who knowingly violates the 34 provisions of the bill is guilty of a simple misdemeanor. A 35 -3- LSB 1884YH (5) 89 js/ns 3/ 4
H.F. 335 simple misdemeanor is punishable by confinement for no more 1 than 30 days and a fine of at least $105 but not more than $855. 2 -4- LSB 1884YH (5) 89 js/ns 4/ 4