JBC moves to continue school lead-testing program, adds requirement that childcare facilities test and remediate before licensure

The Joint Budget Committee voted to advance the Department of Public Health and Environment’s request to extend and expand the School and Childcare Clean Drinking Water program, while adding a new requirement that childcare facilities test and remediate drinking-water fixtures as a condition of licensing or credentialing.

Andrew Maclear, JBC staff, told members the department is seeking $8.7 million in cash-fund spending authority to expand testing and remediation to high schools and roughly 400 childcare facilities that opened since the original program deadline. The department reported it has tested more than 67,000 fixtures and found that 7% of taps used for drinking or cooking required remediation.

Maclear recommended denial, arguing the department’s supporting study is descriptive and lacks a control group, and noting state budget pressures and a lower acute-risk profile for high-school-aged students compared with younger children. Staff said ending the program would return about $10 million in the cash fund to the general fund.

The bill sponsor — who identified the original initiative as House Bill 22 13 58 — pushed back, saying the program was intended to reach all schools and childcare and that state-provided technical help is necessary for rural districts. The sponsor cited public-health concerns and the program’s history of roll-forward authority, arguing that without state assistance many facilities would not complete testing and remediation.

Committee members debated options. Some said constrained general-fund resources and differences in risk between young children and adolescents supported denial. Others said the available evidence (the number of fixtures tested and the 7% remediation rate) and equity concerns justified continuing the program and ensuring newly opened childcare centers are covered.

Senator Amable moved the department request with an amendment to require testing and remediation as part of licensing/credentialing for childcare facilities and to transfer $1.3 million from the cash fund to cover the department’s estimated costs. The committee approved the motion on a 5-0 vote with Kirk Meyer excused. The committee directed staff to draft a bill reflecting the committee’s direction and follow up on implementation details.

Next steps: staff will prepare legislation and provide requested follow-up on the program’s testing results, which facilities are in scope (centers v. family childcare homes), and how licensing language could be implemented without creating an unfunded mandate.