Bill Text: IA HF404 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to lead testing in child care facilities and schools.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-21 - Subcommittee: Mommsen, Fry and Matson. H.J. 344. [HF404 Detail]
Download: Iowa-2019-HF404-Introduced.html
House
File
404
-
Introduced
HOUSE
FILE
404
BY
MASCHER
A
BILL
FOR
An
Act
relating
to
lead
testing
in
child
care
facilities
and
1
schools.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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404
Section
1.
NEW
SECTION
.
135.105E
Lead
testing
in
child
care
1
facilities
and
schools.
2
1.
For
purposes
of
this
section,
“water
supply
systems”
3
means
the
infrastructure
used
to
transmit
water
from
a
water
4
utility,
well
source,
or
other
source
of
water,
whether
5
publicly
or
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
8
for
lead
in
the
water
supply
systems
of
their
facilities
on
9
an
annual
basis.
The
department
shall
coordinate
with
the
10
department
of
education
and
the
department
of
human
services
in
11
adopting
rules
to
carry
out
the
requirements
of
this
section.
12
3.
The
board
of
directors
of
each
public
school
district
and
13
the
child
care
facilities
administrator
designated
pursuant
to
14
section
237A.1
shall
establish
a
schedule
for
annual
testing
15
for
lead
at
each
respective
facility
under
their
control,
with
16
the
first
test
taking
place
no
later
than
December
31,
2019.
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
do
not
meet
minimum
standards
26
established
by
the
department
of
public
health
by
rule,
a
27
person
credentialed
to
perform
lead
abatement
measures
shall
be
28
retained
to
develop
a
lead
mitigation
plan
within
ninety
days
29
of
the
test.
The
board
shall
implement
the
lead
mitigation
30
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
2019,
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
2019,
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
pursuant
to
section
135.105E,
the
board
of
directors
15
may
approve
a
revenue
purpose
statement
for
that
purpose
16
without
submitting
the
revenue
purpose
statement
to
a
vote
of
17
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
7,
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
currently
organizes
34
a
childhood
lead
poisoning
prevention
program.
The
program
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does
not
include
testing
water
systems
for
lead
in
child
care
1
facilities,
child
care
homes,
and
schools.
2
This
bill
requires
all
child
care
facilities
and
all
school
3
districts
to
implement
lead
testing
in
their
water
systems
on
4
an
annual
basis
beginning
no
later
than
December
31,
2019.
The
5
bill
requires
the
department
to
work
with
the
department
of
6
education
and
the
department
of
human
services
to
implement
7
rules
to
carry
out
the
lead-testing
requirements.
8
The
bill
adds
lead
testing
and
lead
mitigation
pursuant
9
to
the
bill
to
the
list
of
permissible
uses
of
a
physical
10
plant
and
equipment
levy
by
a
school
district.
The
bill
adds
11
lead
testing
conducted
pursuant
to
the
bill
to
the
list
of
12
permissible
uses
of
a
physical
plant
and
equipment
levy
or
13
revenues
from
the
secure
an
advanced
vision
for
education
fund
14
under
Code
section
423F.3.
15
The
bill
may
include
a
state
mandate
as
defined
in
Code
16
section
25B.3.
The
bill
requires
that
the
state
cost
of
17
any
state
mandate
included
in
the
bill
be
paid
by
a
school
18
district
under
Code
section
257.16.
The
specification
is
19
deemed
to
constitute
state
compliance
with
any
state
mandate
20
funding-related
requirements
of
Code
section
25B.2.
The
21
inclusion
of
this
specification
is
intended
to
reinstate
the
22
requirement
of
political
subdivisions
to
comply
with
any
state
23
mandates
included
in
the
bill.
24
The
bill
makes
inapplicable
Code
section
423F.3,
subsection
25
7,
which
requires
a
bill
that
would
alter
the
purposes
for
26
which
the
revenues
received
under
Code
section
423F.3
may
be
27
used
from
infrastructure
and
property
tax
relief
purposes
28
to
any
other
purpose
to
be
approved
by
a
vote
of
at
least
29
two-thirds
of
the
members
of
both
chambers
of
the
general
30
assembly.
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