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)
Structure Missouri Revised Statutes
Title XLI - Codes and Standards
Section 701.010 - Definitions.
Section 701.015 - Glazing material to be labeled — sale of nonconforming material prohibited.
Section 701.020 - Penalty for noncompliance.
Section 701.025 - Definitions.
Section 701.027 - Scope of coverage.
Section 701.029 - Operation of on-site sewage disposal system, restrictions.
Section 701.031 - Disposal of sewage, who, how, exception.
Section 701.033 - Department of health and senior services — powers and duties — rules, procedure.
Section 701.039 - Clean water commission may take action, rules not to conflict.
Section 701.043 - State standards, content.
Section 701.047 - City or county may adopt more restrictive standards.
Section 701.057 - Violations, penalties and fines.
Section 701.300 - Definitions.
Section 701.305 - Educational information to be provided on department website.
Section 701.306 - Notification of risk to health of children.
Section 701.309 - Contractor to notify department, when — notification fee, due when.
Section 701.310 - Manner of abatement — owner may perform abatement, when.
Section 701.314 - Program to train and license lead inspectors, supervisors, and workers — rules.
Section 701.318 - Laboratory analysis of lead-bearing substances — reports.
Section 701.320 - Violations, penalty.
Section 701.322 - Laboratory services for disease, lead content — fee.
Section 701.324 - Right to maintain suit not affected — local standards may be enforced.
Section 701.330 - No liability for providing information — exception — penalty.
Section 701.334 - Promotion of minority persons.
Section 701.338 - Rules — promulgation — procedure.
Section 701.340 - Childhood lead testing program established — test to be used — parental objection.
Section 701.343 - Duties of the department.
Section 701.345 - Childhood lead testing fund created.
Section 701.346 - Rulemaking authority.
Section 701.348 - Political subdivisions may provide more stringent requirements.
Section 701.349 - Severability clause.
Section 701.350 - Definitions.
Section 701.355 - Powers of the board.
Section 701.361 - Rulemaking procedure.
Section 701.363 - All installations shall have state certificate of inspection and meet safety code.
Section 701.375 - Operating certificate issued when — content — posting requirements.
Section 701.379 - Appeal from chief safety inspector's decisions, procedure.
Section 701.380 - Violators guilty of crime of abuse of elevator safety, penalty.
Section 701.381 - Elevator safety and inspection requirements not applicable, when.
Section 701.500 - New product sales, energy efficiency requirements — exceptions.
Section 701.503 - Rulemaking authority.
Section 701.506 - Updating of minimum energy efficiency standards.
Section 701.509 - Advisory group created — purpose of group — members, terms, meetings.
Section 701.515 - Investigation of complaints — attorney general may enforce.
Section 701.550 - Definitions — requirements for towers 50 feet or higher — violation, penalty.