House File 594 - Introduced HOUSE FILE 594 BY MASCHER , STAED , HANSEN , WINCKLER , and BOHANNAN A BILL FOR An Act relating to lead testing in water supply systems serving 1 child care facilities and schools, and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2212YH (3) 89 js/ns
H.F. 594 Section 1. NEW SECTION . 135.105E Lead testing in child care 1 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. Any child care facility, as defined in section 237A.1, 7 and all school district attendance centers shall be tested for 8 lead in the water supply systems of their facilities on an 9 annual basis. In consultation with the department of education 10 and the department of human services, the department of public 11 health shall adopt rules to implement this section. 12 3. The board of directors of each public school district and 13 the child care facilities administrator, as defined in section 14 237A.1, shall establish a schedule for annual testing for lead 15 at each respective facility under their control, with the first 16 test taking place no later than December 31, 2021. 17 4. The board of directors of each public school district 18 and the administrator shall submit the results of each lead 19 test conducted at a respective facility pursuant to this 20 section to the department of education and the department of 21 public health on an annual basis. The department of education, 22 the department of public health, and the department of human 23 services each shall publish the submitted results on their 24 respective internet sites for public review. 25 5. If the results of a test exceed five micrograms of 26 lead per liter of water, the board or the administrator shall 27 retain a person credentialed to perform lead abatement measures 28 to develop a lead mitigation plan within ninety days of the 29 test. The board or the administrator shall implement the lead 30 mitigation plan within one year of the failed test. 31 6. Lead testing and the implementation of a mitigation 32 plan pursuant to this section shall be conducted by a person 33 certified to conduct such testing, as determined by rule, or by 34 those district employees trained in a lead testing protocol as 35 -1- LSB 2212YH (3) 89 js/ns 1/ 4
H.F. 594 approved by the department of public health. The department 1 of public health shall maintain and make available to school 2 districts, nonpublic schools, child care facilities, and 3 applicable child care homes a list of such certified persons. 4 Sec. 2. Section 298.3, subsection 1, Code 2021, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . n. Lead testing and lead mitigation pursuant 7 to section 135.105E. 8 Sec. 3. Section 423F.3, subsection 3, paragraph a, Code 9 2021, is amended to read as follows: 10 a. If the board of directors adopts a resolution to use 11 funds received under the operation of this chapter solely for 12 providing property tax relief by reducing indebtedness from the 13 levies specified under section 298.2 or 298.18 , or for lead 14 testing and lead mitigation pursuant to section 135.105E, the 15 board of directors may approve a revenue purpose statement for 16 that purpose without submitting the revenue purpose statement 17 to a vote of the electors. 18 Sec. 4. STATE MANDATE FUNDING SPECIFIED. In accordance 19 with section 25B.2, subsection 3, the state cost of requiring 20 compliance with any state mandate included in this Act shall 21 be paid by a school district from state school foundation aid 22 received by the school district under section 257.16. This 23 specification of the payment of the state cost shall be deemed 24 to meet all the state funding-related requirements of section 25 25B.2, subsection 3, and no specific state funding shall be 26 necessary for the full implementation of this Act by and 27 enforcement of this Act against all affected school districts. 28 Sec. 5. APPLICABILITY. Section 423F.3, subsection 8, shall 29 not apply to this Act. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 The Iowa department of public health (DPH) currently 34 organizes a childhood lead poisoning prevention program. The 35 -2- LSB 2212YH (3) 89 js/ns 2/ 4
H.F. 594 program does not include testing water systems for lead in 1 child care facilities, child care homes, and schools. 2 This bill requires all child care facilities and all school 3 districts to implement lead testing of their water systems on 4 an annual basis beginning no later than December 31, 2021. The 5 bill requires DPH to work with the department of education and 6 the department of human services to implement rules to carry 7 out the lead-testing requirements. If results of a test exceed 8 5 micrograms of lead per liter of water, the bill requires 9 the school district or child care facilities administrator to 10 retain a person certified in lead abatement to develop a lead 11 mitigation strategy that shall be implemented within one year 12 of the failed test. 13 The bill adds lead testing and lead mitigation pursuant to 14 the bill to the list of permissible uses of a physical plant 15 and equipment levy by a school district and revenues from the 16 secure an advanced vision for education fund under Code section 17 423F.3. 18 The bill may include a state mandate as defined in Code 19 section 25B.3. The bill requires that the state cost of 20 any state mandate included in the bill be paid by a school 21 district under Code section 257.16. The specification is 22 deemed to constitute state compliance with any state mandate 23 funding-related requirements of Code section 25B.2. The 24 inclusion of this specification is intended to reinstate the 25 requirement of political subdivisions to comply with any state 26 mandates included in the bill. 27 The bill makes inapplicable Code section 423F.3(8), which 28 requires a bill that would alter the purposes for which the 29 revenues received under Code section 423F.3 may be used from 30 infrastructure and property tax relief purposes to any other 31 purpose to be approved by a vote of at least two-thirds of the 32 members of both chambers of the general assembly. 33 By operation of law, a person who knowingly violates the bill 34 is guilty of a simple misdemeanor. A simple misdemeanor is 35 -3- LSB 2212YH (3) 89 js/ns 3/ 4
H.F. 594 punishable by confinement for no more than 30 days and a fine 1 of at least $105 but not more than $855. 2 -4- LSB 2212YH (3) 89 js/ns 4/ 4