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House File 395 - IntroducedA Bill ForAn Act 1relating to lead and copper testing in water supply
2systems serving child care facilities and schools, and
3making penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 135.105E Lead and copper testing in
2child care facilities and schools.
31. For purposes of this section, “water supply system” means
4the infrastructure used to transmit water from a water utility,
5well source, or other source of water, whether publicly or
6privately owned, to an end user.
72. a. Consistent with the requirements of 40 C.F.R. pt.
8141, subpt.I, the owner or operator of a water supply system
9shall collect samples at least annually at no fewer than twenty
10percent of the child care facilities, as defined in section
11237A.1, and no fewer than twenty percent of the school district
12attendance centers, as defined in section 279.71, that the
13water supply system serves and such samples shall be tested
14for the presence of lead and copper. The owner or operator of
15a water supply system shall ensure that samples are collected
16from every child care facility and every school district
17attendance center that the water supply system serves during
18each five-year period.
19b. The owner or operator of a water supply system shall
20report respective results of test samples to the child care
21facility or school district attendance center that was tested.
22Upon reporting results, the owner or operator of the water
23supply system shall provide information on actions that the
24child care facility or school district attendance center can
25take to reduce the presence of lead and copper in the drinking
26water. The owner or operator of the water supply system shall
27also provide information on methods to communicate results to
28users of the child care facility or school district attendance
29center and to parents or guardians of children who attend the
30child care facility or school district attendance center.
31c. (1) On or before August 1, 2024, and annually
32thereafter, each owner or operator of a water supply system
33shall submit a report to the department of health and human
34services and the department of natural resources. The report
35shall include the results of all tests conducted on child care
-1-1facilities and school district attendance centers by the water
2supply system between July 1 of the prior year and June 30 of
3the reporting year.
4(2) On or before August 1, 2024, and annually thereafter,
5each owner or operator of a water supply system shall submit a
6report to the local board that has jurisdiction over a child
7care facility or school district attendance center that the
8owner or operator of a water supply system had tested during
9the reporting period. The report shall include the results of
10all tests conducted by the owner or operator of a water supply
11system at child care facilities and school district attendance
12centers in the local board’s jurisdiction between July 1 of the
13prior year and June 30 of the reporting year.
14d. (1) An owner or operator of a water supply system shall
15compile a list of all child care facilities and school district
16attendance centers in the water supply system’s service area.
17The owner or operator of a water supply system shall make the
18list available on the system’s internet site.
19(2) The owner or operator of a water supply system shall
20annually contact each child care facility and school district
21attendance center in the water supply system’s service area to
22provide information about the health risks of lead and copper
23in drinking water, schedule sample collection if required
24under paragraph “a”, and provide the most recent guidance from
25the United States environmental protection agency on lead and
26copper reduction strategies. This subparagraph is repealed
27July 1, 2028.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to testing for lead and copper in water
32supply systems serving child care facilities and schools.
33Federal regulations currently require owners and operators
34of water supply systems to compile a pool of targeted sampling
35sites in the water supply system’s distribution system that
-2-1“is sufficiently large to ensure that the water system can
2collect the number of lead and copper tap samples” as required
3depending on the size of the water supply system. Federal
4regulations provide procedures for additional monitoring and
5mitigation measures.
6The bill requires each owner or operator of a water supply
7system, as defined in the bill, to collect samples annually
8from no fewer than 20 percent of the child care facilities and
9no fewer than 20 percent of the school district attendance
10centers that the water supply system serves. Such samples
11shall be tested for the presence of lead and copper. The
12bill requires the owner or operator of a water supply system
13to ensure that samples are collected from every child care
14facility and every school district attendance center that the
15water supply system serves during each five-year period.
16The bill requires an owner or operator of a water supply
17system to provide the respective results to the child care
18facility or school district attendance center that was tested
19and include information on actions to reduce the presence
20of lead and copper in the drinking water and methods to
21communicate results to users. The bill requires each owner
22or operator of a water supply system to submit an annual
23report to the department of health and human services, the
24department of natural resources, and the local boards of health
25having jurisdiction over a location that was tested during the
26reporting period. The report shall include test results from
27July 1 of the preceding year through June 30 of the reporting
28year.
29The bill requires each owner or operator of a water supply
30system to compile a list of all child care facilities and
31school district attendance centers in the water supply system’s
32service area and make the list available on the system’s
33internet site. Until July 1, 2028, the owner or operator of
34a water supply system shall annually contact each child care
35facility and school district attendance center in the water
-3-1supply system’s service area to provide information about the
2health risks of lead and copper in drinking water, schedule
3sample collection when required by the bill, and provide the
4most recent guidance from the U.S.environmental protection
5agency on lead and copper reduction strategies.
6By operation of law, a person who knowingly violates the
7provisions of the bill is guilty of a simple misdemeanor. A
8simple misdemeanor is punishable by confinement for no more
9than 30 days and a fine of at least $105 but not more than $855.
-4-js/ns
2systems serving child care facilities and schools, and
3making penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 135.105E Lead and copper testing in
2child care facilities and schools.
31. For purposes of this section, “water supply system” means
4the infrastructure used to transmit water from a water utility,
5well source, or other source of water, whether publicly or
6privately owned, to an end user.
72. a. Consistent with the requirements of 40 C.F.R. pt.
8141, subpt.I, the owner or operator of a water supply system
9shall collect samples at least annually at no fewer than twenty
10percent of the child care facilities, as defined in section
11237A.1, and no fewer than twenty percent of the school district
12attendance centers, as defined in section 279.71, that the
13water supply system serves and such samples shall be tested
14for the presence of lead and copper. The owner or operator of
15a water supply system shall ensure that samples are collected
16from every child care facility and every school district
17attendance center that the water supply system serves during
18each five-year period.
19b. The owner or operator of a water supply system shall
20report respective results of test samples to the child care
21facility or school district attendance center that was tested.
22Upon reporting results, the owner or operator of the water
23supply system shall provide information on actions that the
24child care facility or school district attendance center can
25take to reduce the presence of lead and copper in the drinking
26water. The owner or operator of the water supply system shall
27also provide information on methods to communicate results to
28users of the child care facility or school district attendance
29center and to parents or guardians of children who attend the
30child care facility or school district attendance center.
31c. (1) On or before August 1, 2024, and annually
32thereafter, each owner or operator of a water supply system
33shall submit a report to the department of health and human
34services and the department of natural resources. The report
35shall include the results of all tests conducted on child care
-1-1facilities and school district attendance centers by the water
2supply system between July 1 of the prior year and June 30 of
3the reporting year.
4(2) On or before August 1, 2024, and annually thereafter,
5each owner or operator of a water supply system shall submit a
6report to the local board that has jurisdiction over a child
7care facility or school district attendance center that the
8owner or operator of a water supply system had tested during
9the reporting period. The report shall include the results of
10all tests conducted by the owner or operator of a water supply
11system at child care facilities and school district attendance
12centers in the local board’s jurisdiction between July 1 of the
13prior year and June 30 of the reporting year.
14d. (1) An owner or operator of a water supply system shall
15compile a list of all child care facilities and school district
16attendance centers in the water supply system’s service area.
17The owner or operator of a water supply system shall make the
18list available on the system’s internet site.
19(2) The owner or operator of a water supply system shall
20annually contact each child care facility and school district
21attendance center in the water supply system’s service area to
22provide information about the health risks of lead and copper
23in drinking water, schedule sample collection if required
24under paragraph “a”, and provide the most recent guidance from
25the United States environmental protection agency on lead and
26copper reduction strategies. This subparagraph is repealed
27July 1, 2028.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to testing for lead and copper in water
32supply systems serving child care facilities and schools.
33Federal regulations currently require owners and operators
34of water supply systems to compile a pool of targeted sampling
35sites in the water supply system’s distribution system that
-2-1“is sufficiently large to ensure that the water system can
2collect the number of lead and copper tap samples” as required
3depending on the size of the water supply system. Federal
4regulations provide procedures for additional monitoring and
5mitigation measures.
6The bill requires each owner or operator of a water supply
7system, as defined in the bill, to collect samples annually
8from no fewer than 20 percent of the child care facilities and
9no fewer than 20 percent of the school district attendance
10centers that the water supply system serves. Such samples
11shall be tested for the presence of lead and copper. The
12bill requires the owner or operator of a water supply system
13to ensure that samples are collected from every child care
14facility and every school district attendance center that the
15water supply system serves during each five-year period.
16The bill requires an owner or operator of a water supply
17system to provide the respective results to the child care
18facility or school district attendance center that was tested
19and include information on actions to reduce the presence
20of lead and copper in the drinking water and methods to
21communicate results to users. The bill requires each owner
22or operator of a water supply system to submit an annual
23report to the department of health and human services, the
24department of natural resources, and the local boards of health
25having jurisdiction over a location that was tested during the
26reporting period. The report shall include test results from
27July 1 of the preceding year through June 30 of the reporting
28year.
29The bill requires each owner or operator of a water supply
30system to compile a list of all child care facilities and
31school district attendance centers in the water supply system’s
32service area and make the list available on the system’s
33internet site. Until July 1, 2028, the owner or operator of
34a water supply system shall annually contact each child care
35facility and school district attendance center in the water
-3-1supply system’s service area to provide information about the
2health risks of lead and copper in drinking water, schedule
3sample collection when required by the bill, and provide the
4most recent guidance from the U.S.environmental protection
5agency on lead and copper reduction strategies.
6By operation of law, a person who knowingly violates the
7provisions of the bill is guilty of a simple misdemeanor. A
8simple misdemeanor is punishable by confinement for no more
9than 30 days and a fine of at least $105 but not more than $855.
-4-js/ns