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
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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
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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
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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
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594
punishable
by
confinement
for
no
more
than
30
days
and
a
fine
1
of
at
least
$105
but
not
more
than
$855.
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