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House File 404 - IntroducedA Bill ForAn Act 1relating to lead testing in child care facilities and
2schools.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 135.105E Lead testing in child care
2facilities and schools.
31. For purposes of this section, “water supply systems”
4means the infrastructure used to transmit water from a water
5utility, well source, or other source of water, whether
6publicly or privately owned, to an end user.
72. Any child care facility, as defined in section 237A.1,
8and all school district attendance centers shall be tested
9for lead in the water supply systems of their facilities on
10an annual basis. The department shall coordinate with the
11department of education and the department of human services in
12adopting rules to carry out the requirements of this section.
133. The board of directors of each public school district and
14the child care facilities administrator designated pursuant to
15section 237A.1 shall establish a schedule for annual testing
16for lead at each respective facility under their control, with
17the first test taking place no later than December 31, 2019.
184. The board of directors of each public school district
19and the administrator shall submit the results of each lead
20test conducted at a respective facility pursuant to this
21section to the department of education and the department of
22public health on an annual basis. The department of education,
23the department of public health, and the department of human
24services each shall publish the submitted results on their
25respective internet sites for public review.
265. If the results of a test do not meet minimum standards
27established by the department of public health by rule, a
28person credentialed to perform lead abatement measures shall be
29retained to develop a lead mitigation plan within ninety days
30of the test. The board shall implement the lead mitigation
31plan within one year of the failed test.
326. Lead testing and the implementation of a mitigation
33plan pursuant to this section shall be conducted by a person
34certified to conduct such testing, as determined by rule, or by
35those district employees trained in a lead testing protocol as
-1-1approved by the department of public health. The department
2of public health shall maintain and make available to school
3districts, nonpublic schools, child care facilities, and
4applicable child care homes a list of such certified persons.
5 Sec. 2. Section 298.3, subsection 1, Code 2019, is amended
6by adding the following new paragraph:
7 NEW PARAGRAPH. n. Lead testing and lead mitigation pursuant
8to section 135.105E.
9 Sec. 3. Section 423F.3, subsection 3, paragraph a, Code
102019, is amended to read as follows:
11a. If the board of directors adopts a resolution to use
12funds received under the operation of this chapter solely for
13providing property tax relief by reducing indebtedness from the
14levies specified under section 298.2 or 298.18, or for lead
15testing pursuant to section 135.105E, the board of directors
16may approve a revenue purpose statement for that purpose
17without submitting the revenue purpose statement to a vote of
18the electors.
19 Sec. 4. STATE MANDATE FUNDING SPECIFIED. In accordance
20with section 25B.2, subsection 3, the state cost of requiring
21compliance with any state mandate included in this Act shall
22be paid by a school district from state school foundation aid
23received by the school district under section 257.16. This
24specification of the payment of the state cost shall be deemed
25to meet all the state funding-related requirements of section
2625B.2, subsection 3, and no specific state funding shall be
27necessary for the full implementation of this Act by and
28enforcement of this Act against all affected school districts.
29 Sec. 5. APPLICABILITY. Section 423F.3, subsection 7, shall
30not apply to this Act.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34The Iowa department of public health currently organizes
35a childhood lead poisoning prevention program. The program
-2-1does not include testing water systems for lead in child care
2facilities, child care homes, and schools.
3This bill requires all child care facilities and all school
4districts to implement lead testing in their water systems on
5an annual basis beginning no later than December 31, 2019. The
6bill requires the department to work with the department of
7education and the department of human services to implement
8rules to carry out the lead-testing requirements.
9The bill adds lead testing and lead mitigation pursuant
10to the bill to the list of permissible uses of a physical
11plant and equipment levy by a school district. The bill adds
12lead testing conducted pursuant to the bill to the list of
13permissible uses of a physical plant and equipment levy or
14revenues from the secure an advanced vision for education fund
15under Code section 423F.3.
16The bill may include a state mandate as defined in Code
17section 25B.3. The bill requires that the state cost of
18any state mandate included in the bill be paid by a school
19district under Code section 257.16. The specification is
20deemed to constitute state compliance with any state mandate
21funding-related requirements of Code section 25B.2. The
22inclusion of this specification is intended to reinstate the
23requirement of political subdivisions to comply with any state
24mandates included in the bill.
25The bill makes inapplicable Code section 423F.3, subsection
267, which requires a bill that would alter the purposes for
27which the revenues received under Code section 423F.3 may be
28used from infrastructure and property tax relief purposes
29to any other purpose to be approved by a vote of at least
30two-thirds of the members of both chambers of the general
31assembly.
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2schools.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 135.105E Lead testing in child care
2facilities and schools.
31. For purposes of this section, “water supply systems”
4means the infrastructure used to transmit water from a water
5utility, well source, or other source of water, whether
6publicly or privately owned, to an end user.
72. Any child care facility, as defined in section 237A.1,
8and all school district attendance centers shall be tested
9for lead in the water supply systems of their facilities on
10an annual basis. The department shall coordinate with the
11department of education and the department of human services in
12adopting rules to carry out the requirements of this section.
133. The board of directors of each public school district and
14the child care facilities administrator designated pursuant to
15section 237A.1 shall establish a schedule for annual testing
16for lead at each respective facility under their control, with
17the first test taking place no later than December 31, 2019.
184. The board of directors of each public school district
19and the administrator shall submit the results of each lead
20test conducted at a respective facility pursuant to this
21section to the department of education and the department of
22public health on an annual basis. The department of education,
23the department of public health, and the department of human
24services each shall publish the submitted results on their
25respective internet sites for public review.
265. If the results of a test do not meet minimum standards
27established by the department of public health by rule, a
28person credentialed to perform lead abatement measures shall be
29retained to develop a lead mitigation plan within ninety days
30of the test. The board shall implement the lead mitigation
31plan within one year of the failed test.
326. Lead testing and the implementation of a mitigation
33plan pursuant to this section shall be conducted by a person
34certified to conduct such testing, as determined by rule, or by
35those district employees trained in a lead testing protocol as
-1-1approved by the department of public health. The department
2of public health shall maintain and make available to school
3districts, nonpublic schools, child care facilities, and
4applicable child care homes a list of such certified persons.
5 Sec. 2. Section 298.3, subsection 1, Code 2019, is amended
6by adding the following new paragraph:
7 NEW PARAGRAPH. n. Lead testing and lead mitigation pursuant
8to section 135.105E.
9 Sec. 3. Section 423F.3, subsection 3, paragraph a, Code
102019, is amended to read as follows:
11a. If the board of directors adopts a resolution to use
12funds received under the operation of this chapter solely for
13providing property tax relief by reducing indebtedness from the
14levies specified under section 298.2 or 298.18, or for lead
15testing pursuant to section 135.105E, the board of directors
16may approve a revenue purpose statement for that purpose
17without submitting the revenue purpose statement to a vote of
18the electors.
19 Sec. 4. STATE MANDATE FUNDING SPECIFIED. In accordance
20with section 25B.2, subsection 3, the state cost of requiring
21compliance with any state mandate included in this Act shall
22be paid by a school district from state school foundation aid
23received by the school district under section 257.16. This
24specification of the payment of the state cost shall be deemed
25to meet all the state funding-related requirements of section
2625B.2, subsection 3, and no specific state funding shall be
27necessary for the full implementation of this Act by and
28enforcement of this Act against all affected school districts.
29 Sec. 5. APPLICABILITY. Section 423F.3, subsection 7, shall
30not apply to this Act.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34The Iowa department of public health currently organizes
35a childhood lead poisoning prevention program. The program
-2-1does not include testing water systems for lead in child care
2facilities, child care homes, and schools.
3This bill requires all child care facilities and all school
4districts to implement lead testing in their water systems on
5an annual basis beginning no later than December 31, 2019. The
6bill requires the department to work with the department of
7education and the department of human services to implement
8rules to carry out the lead-testing requirements.
9The bill adds lead testing and lead mitigation pursuant
10to the bill to the list of permissible uses of a physical
11plant and equipment levy by a school district. The bill adds
12lead testing conducted pursuant to the bill to the list of
13permissible uses of a physical plant and equipment levy or
14revenues from the secure an advanced vision for education fund
15under Code section 423F.3.
16The bill may include a state mandate as defined in Code
17section 25B.3. The bill requires that the state cost of
18any state mandate included in the bill be paid by a school
19district under Code section 257.16. The specification is
20deemed to constitute state compliance with any state mandate
21funding-related requirements of Code section 25B.2. The
22inclusion of this specification is intended to reinstate the
23requirement of political subdivisions to comply with any state
24mandates included in the bill.
25The bill makes inapplicable Code section 423F.3, subsection
267, which requires a bill that would alter the purposes for
27which the revenues received under Code section 423F.3 may be
28used from infrastructure and property tax relief purposes
29to any other purpose to be approved by a vote of at least
30two-thirds of the members of both chambers of the general
31assembly.
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