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Missouri Senate Bill SB581

Missouri 2025 Regular Session

Missouri Senate Bill SB581 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 FIRST REGULAR SESSION
55 SENATE BILL NO. 581
66 103RD GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR HENDERSON.
88 2252S.01I KRISTINA MARTIN, Secretary
99 AN ACT
1010 To repeal sections 160.077 and 701.200, RSMo, and to enact in lieu thereof one new section
1111 relating to lead testing in schools.
1212
1313 Be it enacted by the General Assembly of the State of Missouri, as follows:
1414 Section A. Sections 160.077 and 701.200, RSMo, are 1
1515 repealed and one new section enacted in lieu thereof, to be 2
1616 known as section 160.077, to read as follows:3
1717 160.077. 1. This section shall be known and may be 1
1818 cited as the "Get the Lead Out of School Drinking Water Act". 2
1919 2. As used in this section, the following terms mean: 3
2020 (1) "Department", the Missouri department of health 4
2121 and senior services; 5
2222 (2) "Disadvantaged school district", any school 6
2323 district that serves students from a county in which at 7
2424 least twenty-five percent of the households in such county 8
2525 are below the federal poverty guidelines updated 9
2626 periodically in the Federal Registe r by the U.S. Department 10
2727 of Health and Human Services under the authority of 42 11
2828 U.S.C. Section 9902(2), as amended, or any school district 12
2929 in which more than seventy percent of students in the 13
3030 district qualify for a free or reduced price lunch under th e 14
3131 federal Richard B. Russell National School Lunch Act, 42 15
3232 U.S.C. Section 1751 et seq.; 16 SB 581 2
3333 (3) "Drinking water outlet", a potable water fixture 17
3434 that is used for drinking or food preparation. Drinking 18
3535 water outlet includes, but is not limited to: 19
3636 (a) A water fountain, faucet, or tap that is used or 20
3737 potentially used for drinking or food preparation , or 21
3838 cleaning cooking and eating utensils ; and 22
3939 (b) Ice-making and hot drink machines; 23
4040 (4) "First draw", a two hundred fifty -milliliter 24
4141 sample immediately collected from a drinking water outlet 25
4242 that has been turned on after a stagnation period of at 26
4343 least eight hours; 27
4444 (5) "Parent", a parent, guardian, or other person 28
4545 having control or custody of a child; 29
4646 (6) "Private school", the same definition as in 30
4747 section 166.700; 31
4848 (7) "Public school", the same definition as in section 32
4949 160.011; 33
5050 (8) "Remediation", decreasing the lead concentration 34
5151 in water from a drinking water outlet to less than five 35
5252 parts per billion [without relying solely on flushing 36
5353 practices, or] using methods such as the replacement of lead - 37
5454 containing pipes, solder, fittings, or fixtures with lead - 38
5555 free components, or filtering when the water supply is the 39
5656 source of contamination . Flushing [as a stand alone action] 40
5757 shall not be considered remediation; 41
5858 (9) "School", any public school, private school, or 42
5959 provider of an early childhood education program that 43
6060 receives state funding. 44
6161 3. Beginning in the 2023 -24 school year and for each 45
6262 subsequent school year, each school shall provide drinking 46
6363 water with a lead concentration level below five parts per 47 SB 581 3
6464 billion in sufficient amounts to meet the drinking water 48
6565 needs of all students and staff as provided in this section. 49
6666 4. (1) On or before January 1, 2024, each school 50
6767 shall: 51
6868 (a) Conduct an inventory of all drinking water outlets 52
6969 [and all outlets that are used for dispensing water for 53
7070 cooking or for cleaning cooking and eating utensils ] in each 54
7171 of the school's buildings; 55
7272 (b) Develop a plan for testing each outlet inventoried 56
7373 under paragraph (a) of this subdivision and make such plan 57
7474 available to the public; and 58
7575 (c) Upon request, provide general information on the 59
7676 health effects of lead contamination and additi onal 60
7777 informational resources for employees and parents of 61
7878 children at each school. 62
7979 (2) Each school shall make buildings housing early 63
8080 childhood education programs, kindergartens, and elementary 64
8181 schools the priority when complying with paragraphs (a) and 65
8282 (b) of subdivision (1) of this subsection. 66
8383 (3) Before August 1, 2024, or the first day on which 67
8484 students will be present in the building, whichever is 68
8585 later, each school shall: 69
8686 (a) Perform all testing as required by subsection 5 of 70
8787 this section and within two weeks after receiving test 71
8888 results, make all testing results and any lead remediation 72
8989 plans available on the school's website; 73
9090 (b) Remove and replace any drinking water coolers or 74
9191 drinking water outlets that the United States Environmental 75
9292 Protection Agency has determined are not lead -free under the 76
9393 federal Lead Contamination Control Act of 1988, as amended; 77
9494 except the school shall not be required to replace those 78
9595 drinking water outlets or water coolers that tested u nder 79 SB 581 4
9696 the requirements of this section and have been determined to 80
9797 be dispensing drinking water with a lead concentration less 81
9898 than five part per billion; however, such drinking water 82
9999 outlet or water cooler shall be subject to all testing 83
100100 requirements and shall not be excluded from testing under 84
101101 subsection 10 of this section. 85
102102 (4) If testing indicates that the water source is 86
103103 causing the contamination and until such time that the 87
104104 source of the contamination has been remediated, the school 88
105105 shall: 89
106106 (a) Install a filter that reduces lead in drinking 90
107107 water at each point at which the water supply enters the 91
108108 building in accordance with any relevant requirements set 92
109109 forth by the department of natural resources, to ensure lead 93
110110 concentrations are below the standard set in subsection 3 of 94
111111 this section; 95
112112 (b) Install a filter that reduces lead in drinking 96
113113 water on each water outlet inventoried under paragraph (a) 97
114114 of subdivision (1) of this subsection to ensure lead 98
115115 concentrations are below five parts per billion; or 99
116116 (c) Provide purified water at each water outlet 100
117117 inventoried under paragraph (a) of subdivision (1) of this 101
118118 subsection. 102
119119 (5) If testing indicates that the internal building 103
120120 piping is causing the contamination and unt il such time that 104
121121 the source of the contamination has been remediated, the 105
122122 school shall: 106
123123 (a) Install a filter that reduces lead in drinking 107
124124 water on each water outlet inventoried under paragraph (a) 108
125125 of subdivision (1) of this subsection to ensure lead 109
126126 concentrations are below five parts per billion; [or] 110 SB 581 5
127127 (b) Provide purified water at each water outlet 111
128128 inventoried under paragraph (a) of subdivision (1) of this 112
129129 subsection; or 113
130130 (c) Remove the outlet from service . 114
131131 (6) If a pipe, solder, fitting, or fixture is replaced 115
132132 as part of remediation, the replacement shall be lead free, 116
133133 as such term is defined in 40 CFR 143.12, as amended. 117
134134 (7) If a test result exceeds five parts per billion, 118
135135 the affected school shall: 119
136136 (a) Contact parents and staff via written notification 120
137137 within seven business days after receiving the test result. 121
138138 The notification shall include at least: 122
139139 a. The test results and a summary that explains such 123
140140 results; 124
141141 b. A description of any remedia l steps taken; and 125
142142 c. A description of general health effects of lead 126
143143 contamination and community specific resources; and 127
144144 (b) Provide bottled water if there is not enough water 128
145145 to meet the drinking water needs of the students, teachers, 129
146146 and staff. 130
147147 (8) School districts shall submit such annual testing 131
148148 results to the department. 132
149149 (9) This subsection shall not be construed to prevent 133
150150 a school from conducting more frequent testing than required 134
151151 under this section. 135
152152 5. (1) Before August 1, 2024, or the first day on 136
153153 which students will be present in the building, whichever is 137
154154 later, and annually thereafter, each school shall conduct 138
155155 testing for lead by first -draw and follow-up flush samples 139
156156 of a random sampling of at least tw enty-five percent of 140
157157 remediated drinking water outlets until all remediated 141
158158 sources have been tested as recommended by the 2018 version 142 SB 581 6
159159 of the United States Environmental Protection Agency's 143
160160 Training, Testing, and Taking Action program. The testing 144
161161 shall be conducted and the results analyzed for both types 145
162162 of tests by an entity or entities approved by the 146
163163 department. All drinking water outlets with test results 147
164164 less than five parts per billion for lead shall be retested 148
165165 at intervals described in subdivision (3) of this subsection. 149
166166 (2) If, in the ten years prior to the 2023 -24 school 150
167167 year, a fixture tested above five parts per billion for 151
168168 lead, such fixture does not need to be repeat tested for 152
169169 lead, but instead remediation shall begin on such fixture. 153
170170 (3) A school that tests and does not find a drinking 154
171171 water outlet with a lead concentration above the standard 155
172172 described in subsection 3 of this section shall be required 156
173173 to test only every five years. This subdivision shall not 157
174174 be construed to prevent a school from conducting more 158
175175 frequent testing than required under this section. 159
176176 6. (1) In addition to the apportionments payable to a 160
177177 school district under chapter 163, the department of natural 161
178178 resources, with support from the department of elementary 162
179179 and secondary education and the department of health and 163
180180 senior services, is hereby authorized to apportion to any 164
181181 school additional funding for the filtration, testing, and 165
182182 other remediation of drinking water systems requ ired under 166
183183 this section, subject to appropriation. 167
184184 (2) To the extent permitted by federal law, a school 168
185185 district may seek reimbursement or other funds for 169
186186 compliance incurred under this section under any applicable 170
187187 federal law including, but not limited to, the America's 171
188188 Water Infrastructure Act of 2018 and the Water 172
189189 Infrastructure Finance and Innovation Act of 2014, 33 U.S.C. 173
190190 Section 3901 et seq. 174 SB 581 7
191191 (3) Disadvantaged school districts shall receive 175
192192 funding priority under this subsection. 176
193193 7. The department, in conjunction with the department 177
194194 of elementary and secondary education, shall publish a 178
195195 report biennially based on the findings from the water 179
196196 testing conducted under this section. Such report shall be 180
197197 published on the departm ent of natural resources website. 181
198198 8. For public schools, the department shall ensure 182
199199 compliance with this section. Each school district shall be 183
200200 responsible for ensuring compliance within each school 184
201201 within the school district's jurisdiction. 185
202202 9. [No school building constructed after January 4, 186
203203 2014, as provided in the federal Reduction of Lead in 187
204204 Drinking Water Act (42 U.S.C. Section 300g -6), as amended, 188
205205 shall be required to install, maintain, or replace filters 189
206206 under paragraph (c) of su bdivision (1) of subsection 4 of 190
207207 this section. 191
208208 10. A school that tests and does not find a drinking 192
209209 water source with a lead concentration above the acceptable 193
210210 level as described in subsection 3 of this section shall be 194
211211 required to test only ever y five years. 195
212212 11.] The department may promulgate all necessary rules 196
213213 and regulations for the administration of this section. Any 197
214214 rule or portion of a rule, as that term is defined in 198
215215 section 536.010, that is created under the authority 199
216216 delegated in this section shall become effective only if it 200
217217 complies with and is subject to all of the provisions of 201
218218 chapter 536 and, if applicable, section 536.028. This 202
219219 section and chapter 536 are nonseverable and if any of the 203
220220 powers vested with the general assembly pursuant to chapter 204
221221 536 to review, to delay the effective date, or to disapprove 205
222222 and annul a rule are subsequently held unconstitutional, 206 SB 581 8
223223 then the grant of rulemaking authority and any rule proposed 207
224224 or adopted after August 28, 2022, shall be invalid and void. 208
225225 [701.200. 1. Subject to appropriations, 1
226226 each school district, as such term is defined in 2
227227 section 160.011, may test a sample of a source 3
228228 of potable water in a public school building in 4
229229 that district serving student s under first grade 5
230230 and constructed before 1996 for lead 6
231231 contamination in accordance with guidance 7
232232 provided by the department of health and senior 8
233233 services. The school district may submit the 9
234234 samples to a department -approved laboratory for 10
235235 analysis for lead and provide the written 11
236236 sampling results to the department within seven 12
237237 days of receipt. 13
238238 2. The department shall develop guidance 14
239239 for schools in collecting and testing first -draw 15
240240 samples of potable water. The department shall 16
241241 develop and make publicly available a list of 17
242242 approved laboratories for lead analysis. 18
243243 3. If any of the samples taken in the 19
244244 building exceed current standards for parts -per- 20
245245 billion of lead established by the United States 21
246246 Environmental Protection Agency, the school 22
247247 district shall promptly provide individual 23
248248 notification of the sampling results, by written 24
249249 or electronic communication, to the parents or 25
250250 legal guardians of all enrolled students and 26
251251 include the following information: the 27
252252 corresponding sampling location within the 28
253253 building and the U.S. Environmental Protection 29
254254 Agency's website for information about lead in 30
255255 drinking water. If any of the samples taken in 31
256256 the building are at or below five parts -per- 32
257257 billion, notification may be made as provided in 33
258258 this subsection or by posting on the school's 34
259259 website. 35
260260 4. The department may promulgate rules and 36
261261 regulations necessary to implement the 37
262262 provisions of this section. Any rule or portion 38
263263 of a rule, as that term is defined in section 39
264264 536.010, that is created under the authority 40
265265 delegated in this section shall become effective 41 SB 581 9
266266 only if it complies with and is subject to all 42
267267 of the provisions of chapter 536 and, if 43
268268 applicable, section 536.028. This section and 44
269269 chapter 536 are nonsev erable and if any of the 45
270270 powers vested with the general assembly pursuant 46
271271 to chapter 536 to review, to delay the effective 47
272272 date, or to disapprove and annul a rule are 48
273273 subsequently held unconstitutional, then the 49
274274 grant of rulemaking authority and any r ule 50
275275 proposed or adopted after August 28, 2020, shall 51
276276 be invalid and void. 52
277277 5. As used in this section, the term 53
278278 "source of potable water" shall mean the point 54
279279 at which nonbottled water that may be ingested 55
280280 by children or used for food preparation exits 56
281281 any tap, faucet, drinking fountain, wash basin 57
282282 in a classroom occupied by children or students 58
283283 under first grade, or similar point of use; 59
284284 provided, that all bathroom sinks and wash 60
285285 basins used by janitorial staff are excluded 61
286286 from this definition.] 62
287287