Bill Text: IA HF395 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act relating to lead and copper testing in water supply systems serving child care facilities and schools, and making penalties applicable.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-22 - Introduced, referred to Natural Resources. H.J. 388. [HF395 Detail]

Download: Iowa-2023-HF395-Introduced.html
House File 395 - Introduced HOUSE FILE 395 BY ISENHART A BILL FOR An Act relating to lead and copper testing in water supply 1 systems serving child care facilities and schools, and 2 making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2443YH (2) 90 js/ns
H.F. 395 Section 1. NEW SECTION . 135.105E Lead and copper testing in 1 child care 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. a. Consistent with the requirements of 40 C.F.R. pt. 7 141, subpt. I, the owner or operator of a water supply system 8 shall collect samples at least annually at no fewer than twenty 9 percent of the child care facilities, as defined in section 10 237A.1, and no fewer than twenty percent of the school district 11 attendance centers, as defined in section 279.71, that the 12 water supply system serves and such samples shall be tested 13 for the presence of lead and copper. The owner or operator of 14 a water supply system shall ensure that samples are collected 15 from every child care facility and every school district 16 attendance center that the water supply system serves during 17 each five-year period. 18 b. The owner or operator of a water supply system shall 19 report respective results of test samples to the child care 20 facility or school district attendance center that was tested. 21 Upon reporting results, the owner or operator of the water 22 supply system shall provide information on actions that the 23 child care facility or school district attendance center can 24 take to reduce the presence of lead and copper in the drinking 25 water. The owner or operator of the water supply system shall 26 also provide information on methods to communicate results to 27 users of the child care facility or school district attendance 28 center and to parents or guardians of children who attend the 29 child care facility or school district attendance center. 30 c. (1) On or before August 1, 2024, and annually 31 thereafter, each owner or operator of a water supply system 32 shall submit a report to the department of health and human 33 services and the department of natural resources. The report 34 shall include the results of all tests conducted on child care 35 -1- LSB 2443YH (2) 90 js/ns 1/ 4
H.F. 395 facilities and school district attendance centers by the water 1 supply system between July 1 of the prior year and June 30 of 2 the reporting year. 3 (2) On or before August 1, 2024, and annually thereafter, 4 each owner or operator of a water supply system shall submit a 5 report to the local board that has jurisdiction over a child 6 care facility or school district attendance center that the 7 owner or operator of a water supply system had tested during 8 the reporting period. The report shall include the results of 9 all tests conducted by the owner or operator of a water supply 10 system at child care facilities and school district attendance 11 centers in the local board’s jurisdiction between July 1 of the 12 prior year and June 30 of the reporting year. 13 d. (1) An owner or operator of a water supply system shall 14 compile a list of all child care facilities and school district 15 attendance centers in the water supply system’s service area. 16 The owner or operator of a water supply system shall make the 17 list available on the system’s internet site. 18 (2) The owner or operator of a water supply system shall 19 annually contact each child care facility and school district 20 attendance center in the water supply system’s service area to 21 provide information about the health risks of lead and copper 22 in drinking water, schedule sample collection if required 23 under paragraph “a” , and provide the most recent guidance from 24 the United States environmental protection agency on lead and 25 copper reduction strategies. This subparagraph is repealed 26 July 1, 2028. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to testing for lead and copper in water 31 supply systems serving child care facilities and schools. 32 Federal regulations currently require owners and operators 33 of water supply systems to compile a pool of targeted sampling 34 sites in the water supply system’s distribution system that 35 -2- LSB 2443YH (2) 90 js/ns 2/ 4
H.F. 395 “is sufficiently large to ensure that the water system can 1 collect the number of lead and copper tap samples” as required 2 depending on the size of the water supply system. Federal 3 regulations provide procedures for additional monitoring and 4 mitigation measures. 5 The bill requires each owner or operator of a water supply 6 system, as defined in the bill, to collect samples annually 7 from no fewer than 20 percent of the child care facilities and 8 no fewer than 20 percent of the school district attendance 9 centers that the water supply system serves. Such samples 10 shall be tested for the presence of lead and copper. The 11 bill requires the owner or operator of a water supply system 12 to ensure that samples are collected from every child care 13 facility and every school district attendance center that the 14 water supply system serves during each five-year period. 15 The bill requires an owner or operator of a water supply 16 system to provide the respective results to the child care 17 facility or school district attendance center that was tested 18 and include information on actions to reduce the presence 19 of lead and copper in the drinking water and methods to 20 communicate results to users. The bill requires each owner 21 or operator of a water supply system to submit an annual 22 report to the department of health and human services, the 23 department of natural resources, and the local boards of health 24 having jurisdiction over a location that was tested during the 25 reporting period. The report shall include test results from 26 July 1 of the preceding year through June 30 of the reporting 27 year. 28 The bill requires each owner or operator of a water supply 29 system to compile a list of all child care facilities and 30 school district attendance centers in the water supply system’s 31 service area and make the list available on the system’s 32 internet site. Until July 1, 2028, the owner or operator of 33 a water supply system shall annually contact each child care 34 facility and school district attendance center in the water 35 -3- LSB 2443YH (2) 90 js/ns 3/ 4
H.F. 395 supply system’s service area to provide information about the 1 health risks of lead and copper in drinking water, schedule 2 sample collection when required by the bill, and provide the 3 most recent guidance from the U.S. environmental protection 4 agency on lead and copper reduction strategies. 5 By operation of law, a person who knowingly violates the 6 provisions of the bill is guilty of a simple misdemeanor. A 7 simple misdemeanor is punishable by confinement for no more 8 than 30 days and a fine of at least $105 but not more than $855. 9 -4- LSB 2443YH (2) 90 js/ns 4/ 4
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