Section 701.200

Title XLI CODES AND STANDARDS

Chapter 701

Effective - 28 Aug 2020   

  701.200.  Lead contamination, testing of potable water in certain school buildings — department to develop guidance on collecting and testing — samples exceeding limits, procedure — rulemaking authority. — 1.  Subject to appropriations, each school district, as such term is defined in section 160.011, may test a sample of a source of potable water in a public school building in that district serving students under first grade and constructed before 1996 for lead contamination in accordance with guidance provided by the department of health and senior services.  The school district may submit the samples to a department-approved laboratory for analysis for lead and provide the written sampling results to the department within seven days of receipt.

  2.  The department shall develop guidance for schools in collecting and testing first-draw samples of potable water.  The department shall develop and make publicly available a list of approved laboratories for lead analysis.

  3.  If any of the samples taken in the building exceed current standards for parts-per-billion of lead established by the United States Environmental Protection Agency, the school district shall promptly provide individual notification of the sampling results, by written or electronic communication, to the parents or legal guardians of all enrolled students and include the following information:  the corresponding sampling location within the building and the U.S. Environmental Protection Agency's website for information about lead in drinking water.  If any of the samples taken in the building are at or below five parts-per-billion, notification may be made as provided in this subsection or by posting on the school's website.

  4.  The department may promulgate rules and regulations necessary to implement the provisions of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2020, shall be invalid and void.

  5.  As used in this section, the term "source of potable water" shall mean the point at which nonbottled water that may be ingested by children or used for food preparation exits any tap, faucet, drinking fountain, wash basin in a classroom occupied by children or students under first grade, or similar point of use; provided, that all bathroom sinks and wash basins used by janitorial staff are excluded from this definition.

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(L. 2020 H.B. 2120)