Bill Text: IA HF2271 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to lead testing in child care facilities and schools.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-07 - Introduced, referred to Education. H.J. 222. [HF2271 Detail]
Download: Iowa-2017-HF2271-Introduced.html
House File 2271 - Introduced HOUSE FILE BY WINDSCHITL A BILL FOR 1 An Act relating to lead testing in child care facilities and 2 schools. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5421YH (9) 87 js/rn PAG LIN 1 1 Section 1. NEW SECTION. 135.105E Lead testing in child care 1 2 facilities and schools. 1 3 1. For purposes of this section, "water supply systems" 1 4 means the infrastructure used to transmit water from a water 1 5 utility, well source, or other source of water, whether 1 6 publicly or privately owned, to an end user. 1 7 2. Any child care facility, as defined in section 237A.1, 1 8 and all school district attendance centers shall be tested 1 9 for lead in the water supply systems of their facilities on 1 10 an annual basis. The department shall coordinate with the 1 11 department of education and the department of human services in 1 12 adopting rules to carry out the requirements of this section. 1 13 3. The board of directors of each public school district and 1 14 the child care facilities administrator designated pursuant to 1 15 section 237A.1 shall establish a schedule for annual testing 1 16 for lead at each respective facility under their control, with 1 17 the first test taking place no later than December 31, 2018. 1 18 4. The board of directors of each public school district 1 19 and the administrator shall submit the results of each lead 1 20 test conducted at a respective facility pursuant to this 1 21 section to the department of education and the department of 1 22 public health on an annual basis. The department of education, 1 23 the department of public health, and the department of human 1 24 services each shall publish the submitted results on their 1 25 respective internet sites for public review. 1 26 5. If the results of a test do not meet minimum standards 1 27 established by the department of public health by rule, a 1 28 person credentialed to perform lead abatement measures shall be 1 29 retained to develop a lead mitigation plan within ninety days 1 30 of the test. The board shall implement the lead mitigation 1 31 plan within one year of the failed test. 1 32 6. Lead testing and the implementation of a mitigation 1 33 plan pursuant to this section shall be conducted by a person 1 34 certified to conduct such testing, as determined by rule, or by 1 35 those district employees trained in a lead testing protocol as 2 1 approved by the department of public health. The department 2 2 of public health shall maintain and make available to school 2 3 districts, nonpublic schools, child care facilities, and 2 4 applicable child care homes a list of such certified persons. 2 5 Sec. 2. Section 298.3, subsection 1, Code 2018, is amended 2 6 by adding the following new paragraph: 2 7 NEW PARAGRAPH. n. Lead testing and lead mitigation pursuant 2 8 to section 135.105E. 2 9 Sec. 3. Section 423F.3, subsection 3, paragraph a, Code 2 10 2018, is amended to read as follows: 2 11 a. If the board of directors adopts a resolution to use 2 12 funds received under the operation of this chapter solely for 2 13 providing property tax relief by reducing indebtedness from the 2 14 levies specified under section 298.2 or 298.18, or for lead 2 15 testing pursuant to section 135.105E, the board of directors 2 16 may approve a revenue purpose statement for that purpose 2 17 without submitting the revenue purpose statement to a vote of 2 18 the electors. 2 19 Sec. 4. STATE MANDATE FUNDING SPECIFIED. In accordance 2 20 with section 25B.2, subsection 3, the state cost of requiring 2 21 compliance with any state mandate included in this Act shall 2 22 be paid by a school district from state school foundation aid 2 23 received by the school district under section 257.16. This 2 24 specification of the payment of the state cost shall be deemed 2 25 to meet all the state funding=related requirements of section 2 26 25B.2, subsection 3, and no specific state funding shall be 2 27 necessary for the full implementation of this Act by and 2 28 enforcement of this Act against all affected school districts. 2 29 Sec. 5. APPLICABILITY. Section 423F.3, subsection 7, shall 2 30 not apply to this Act. 2 31 EXPLANATION 2 32 The inclusion of this explanation does not constitute agreement with 2 33 the explanation's substance by the members of the general assembly. 2 34 The Iowa department of public health currently organizes 2 35 a childhood lead poisoning prevention program. The program 3 1 does not include testing water systems for lead in child care 3 2 facilities, child care homes, and schools. 3 3 This bill requires all child care facilities and all school 3 4 districts to implement lead testing in their water systems on 3 5 an annual basis beginning no later than December 31, 2018. The 3 6 bill requires the department to work with the department of 3 7 education and the department of human services to implement 3 8 rules to carry out the lead=testing requirements. 3 9 The bill adds lead testing and lead mitigation pursuant 3 10 to the bill to the list of permissible uses of a physical 3 11 plant and equipment levy by a school district. The bill adds 3 12 lead testing conducted pursuant to the bill to the list of 3 13 permissible uses of a physical plant and equipment levy or 3 14 revenues from the secure an advanced vision for education fund 3 15 under Code section 423F.3. 3 16 The bill may include a state mandate as defined in Code 3 17 section 25B.3. The bill requires that the state cost of 3 18 any state mandate included in the bill be paid by a school 3 19 district under Code section 257.16. The specification is 3 20 deemed to constitute state compliance with any state mandate 3 21 funding=related requirements of Code section 25B.2. The 3 22 inclusion of this specification is intended to reinstate the 3 23 requirement of political subdivisions to comply with any state 3 24 mandates included in the bill. 3 25 The bill makes inapplicable Code section 423F.3, subsection 3 26 7, which requires a bill that would alter the purposes for 3 27 which the revenues received under Code section 423F.3 may be 3 28 used from infrastructure and property tax relief purposes 3 29 to any other purpose to be approved by a vote of at least 3 30 two=thirds of the members of both chambers of the general 3 31 assembly. LSB 5421YH (9) 87 js/rn
