Missouri Senate

Perfected

DRINKING WATER IN SCHOOLS (Section 160.077)

This act establishes the "Get the Lead Out of School Drinking Water Act".

Beginning in the 2023-2024 school year and for each subsequent school year, each school shall provide drinking water with a lead concentration below one part per billion (1 ppb).

Before January 1, 2024, each school shall complete requirements outlined in the act including: conducting an inventory of all drinking water outlets and nonpotable water fixtures in each school building, removing certain drinking watercoolers that are not lead-free, installing filters to reduce lead in drinking water, and providing general information on the health effects of lead contamination to employees and parents of children at each school.

Schools shall prioritize early childhood, kindergarten, and elementary school buildings in updating and filtering drinking water outlets for lead as stated in the act.

Within 60 days of installing filters, and annually thereafter, schools shall conduct testing for lead as stated in the act. Within 2 weeks after receiving test results, schools shall make all testing results and any remediation plans available on the school's website and shall submit the annual results to the Safe Drinking Water Commission.

The act outlines procedures to be undertaken if a sample draw shows a lead concentration of 1 ppb or greater. Affected schools with test results greater than 1 ppb shall contacts parents and staff within 7 business days of receiving such result.

If, in the 10 years prior to the 2023-24 school year a fixture tested above 1 ppb for lead, such fixture does not need repeat testing but instead shall be remediated.

Subject to appropriation, the Department of Natural Resources is authorized to give schools additional funding for filtration, testing, and other remediation of drinking water systems.

A school district may seek reimbursement from several federal sources for costs associated with expenses districts may incur for compliance with the act.

The Safe Drinking Water Commission and the Department of Elementary and Secondary Education shall publish a report biennially based on the findings of the water testing conducted under the act.

The Commission shall provide guidance to schools on the maintenance of filters and filtration systems and the development of flushing plans and create an online program for custodial staff relating to the maintenance of filters and filtration systems.

The Commission shall have the authority to enter school buildings to ensure compliance with the act.

No school building constructed after January 4, 2014, shall be required to install, maintain, or replace filters.

Finally, any school that tests and does not find a drinking water source with a lead concentration above 1 ppb shall be required to test such sources once every 5 years.

These provisions are identical to SCS/SB 1075 (2022).

FLOOD RESILIENCY (Section 99.847 & 256.800)

The act creates the "Flood Resiliency Act", which shall be a flood resiliency program administered by the Department of Natural Resources to increase flood resiliency along the Missouri and Mississippi Rivers and their tributaries and to improve statewide flood forecasting and monitoring ability. The state may participate in flood resiliency projects as set forth in the act. A plan, which is defined as a preliminary report describing the need for, and implementation of, flood resiliency measures, shall include information listed in the act. The Director of the Department of Natural Resources shall only approve plans if it is determined that long-term flood mitigation is needed in that area of the state, and that such a plan proposes flood resiliency measures which will provide long-term flood resiliency.

Flood resiliency projects may be funded by moneys in the Flood Resiliency Fund created in the act and such projects shall be eligible to receive other contributions and grants as stated in the act.

Additionally, no new tax increment financing project shall be authorized in an area that was designated as flood plain by the Federal Emergency Management Agency but due to flood resiliency measures and flood resiliency projects such area is no longer designated as flood plain.

PROCESSED RECYCLED ASPHALT SHINGLES (Sections 260.221 & 644.060)

Under this act, processed recycled asphalt shingles, as defined in the act, may be used for fill, reclamation, and other beneficial purposes without any permits relating to solid waste management or any permits relating to the Missouri Clean Water Law if the shingles are inspected for toxic and hazardous substances, provided that such shingles shall not be used for fill, reclamation, or other beneficial purposes within 500 feet of any lake, river, sink hole, perennial stream, or ephemeral stream, and shall not be used for such purposes below surface level and closer than 50 feet above the water table.

The act shall not be construed to authorize the abandonment, accumulation, placement, or storage of recycled asphalt shingles or processed asphalt shingles on any property without the consent of the property owner.

These provisions are similar to SB 910 (20220.

JAMIE ANDREWS