S.B. 209 Enrolled

1

METHAMPHETAMINE DECONTAMINATION
2 STANDARDS AND FUNDING
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: D. Chris Buttars
6 House Sponsor: Curtis Oda
7
8 LONG TITLE
9 General Description:
10 This bill addresses the decontamination of property exposed to methamphetamine.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . requires the Department of Health to adopt standards for methamphetamine
15 decontamination;
16 . requires local health departments to follow standards adopted by the Department of
17 Health in administering Title 19, Chapter 6, Part 9, Illegal Drug Operations Site
18 Reporting and Decontamination Act;
19 . requires the Department of Health to conduct a public education campaign
20 concerning the health risks of methamphetamine contamination; and
21 . makes technical amendments.
22 Monies Appropriated in this Bill:
23 This bill appropriates:
24 . $178,500 from the General Fund for fiscal year 2008-09 only, to the Department of
25 Health.
26 Other Special Clauses:
27 This bill provides an effective date.
28 Utah Code Sections Affected:
29 AMENDS:

30 19-6-902, as enacted by Laws of Utah 2004, Chapter 249
31 ENACTS:
32 26-49-101, Utah Code Annotated 1953
33 26-49-201, Utah Code Annotated 1953
34 26-49-202, Utah Code Annotated 1953
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 19-6-902 is amended to read:
38 19-6-902. Definitions.
39 As used in this part:
40 (1) "Board" means the Solid and Hazardous Waste Control Board, as defined in Section
41 19-1-106 , within the Department of Environmental Quality.
42 (2) "Certified decontamination specialist" means an individual who has met the
43 standards for certification as a decontamination specialist and has been certified by the board
44 under Subsection 19-6-906 (2).
45 (3) "Contaminated" or "contamination" means:
46 (a) polluted by hazardous materials that cause property to be unfit for human habitation
47 or use due to immediate or long-term health hazards[.]; or
48 (b) that a property is polluted by hazardous materials as a result of the use, production,
49 or presence of methamphetamine in excess of decontamination standards adopted by the
50 Department of Health under Section 26-49-201 .
51 (4) "Contamination list" means a list maintained by the local health department of
52 properties:
53 (a) reported to the local health department under Section 19-6-903 ; and
54 (b) determined by the local health department to be contaminated.
55 (5) (a) "Decontaminated" means property that at one time was contaminated, but the
56 contaminants have been removed.
57 (b) "Decontaminated" for a property that was contaminated by the use, production, or

58 presence of methamphetamine means that the property satisfies decontamination standards
59 adopted by the Department of Health under Section 26-49-201 .
60 (6) "Hazardous materials":
61 (a) has the same meaning as "hazardous or dangerous materials" as defined in Section
62 58-37d-3 ; and
63 (b) includes any illegally manufactured controlled substances.
64 (7) "Health department" means a local health department under Title 26A, Local Health
65 Authorities.
66 (8) "Owner of record":
67 (a) means the owner of real property as shown on the records of the county recorder in
68 the county where the property is located; and
69 (b) may include an individual, financial institution, company, corporation, or other
70 entity.
71 (9) "Property":
72 (a) means any real property, site, structure, part of a structure, or the grounds
73 surrounding a structure; and
74 (b) includes single-family residences, outbuildings, garages, units of multiplexes,
75 condominiums, apartment buildings, warehouses, hotels, motels, boats, motor vehicles, trailers,
76 manufactured housing, shops, or booths.
77 (10) "Reported property" means property that is the subject of a law enforcement
78 report under Section 19-6-903 .
79 Section 2. Section 26-49-101 is enacted to read:
80 CHAPTER 49. METHAMPHETAMINE DECONTAMINATION ACT
81 Part 1. General Provisions
82 26-49-101. Title.
83 This chapter is known as the "Methamphetamine Decontamination Act."
84 Section 3. Section 26-49-201 is enacted to read:
85 Part 2. Methamphetamine Decontamination

86 26-49-201. Scientific standards for methamphetamine decontamination.
87 (1) The department shall make rules adopting scientifically-based standards for
88 methamphetamine decontamination.
89 (2) A local health department, as defined in Title 26A, Local Health Authorities, shall
90 follow rules made by the department under Subsection (1) in administering Title 19, Chapter 6,
91 Part 9, Illegal Drug Operations Site Reporting and Decontamination Act.
92 Section 4. Section 26-49-202 is enacted to read:
93 26-49-202. Public education concerning methamphetamine contamination.
94 The department shall conduct a public education campaign to inform the public about
95 potential health risks of methamphetamine contamination.
96 Section 5. Appropriation.
97 (1) There is appropriated from the General Fund to the Department of Health for fiscal
98 year 2008-09 only, $178,500 for programs and activities related to methamphetamine
99 decontamination.
100 (2) It is the intent of the Legislature that the Department of Health shall use the money
101 appropriated in Subsection (1) for:
102 (a) establishing scientifically-based standards for methamphetamine decontamination;
103 (b) providing grants or other funding to local health departments to develop expertise in
104 methamphetamine decontamination activities; and
105 (c) educating the public about the potential health risks of methamphetamine
106 contamination.
107 Section 6. Effective date.
108 This bill takes effect on May 5, 2008, except that the amendments to Section 19-6-902
109 take effect on July 1, 2009.