H.J.R. 11

1

RESOLUTION REGARDING
2 METHAMPHETAMINE LAB CLEANUP AND
3 PUBLIC SAFETY STANDARDS AND
4 PROGRAMS
5 1999 GENERAL SESSION
6 STATE OF UTAH
7 Sponsor: A. Lamont Tyler
8 A JOINT RESOLUTION OF THE LEGISLATURE REQUESTING THAT THE UTAH
9 SUBSTANCE ABUSE AND ANTI-VIOLENCE COORDINATING COUNCIL WORK WITH
10 THE DEPARTMENT OF ENVIRONMENTAL QUALITY, THE DEPARTMENT OF HEALTH,
11 AND THE DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH STANDARDS FOR
12 CLEANUP OF BUILDINGS USED AS METHAMPHETAMINE LABS, AND STANDARDS
13 FOR DETERMINING IF THE CLEANUP IS ADEQUATE FOR HABITABILITY; TO
14 ESTABLISH TRAINING PROGRAMS FOR EMPLOYEES OF AGENCIES AFFECTED BY
15 THESE LABS; TO IMPLEMENT A CERTIFICATION PROGRAM REGARDING
16 BUSINESSES INVOLVED IN METHAMPHETAMINE LAB CLEANUP SERVICES; AND TO
17 PROVIDE RECOMMENDATIONS REGARDING CLEANUP FUNDING SOURCES.
18 Be it resolved by the Legislature of the state of Utah:
19 WHEREAS, methamphetamine is an illicit drug that is manufactured in illegal clandestine
20 laboratories which are likely to produce toxic fumes and large amounts of toxic waste, which can
21 permeate the area where the methamphetamine is manufactured, creating serious risks to human
22 health;
23 WHEREAS, Utah is usually included in the top three states in terms of numbers of
24 methamphetamine labs seized, and the numbers are increasing with more than 300
25 methamphetamine labs seized last year;
26 WHEREAS, the real property where methamphetamine labs are operated becomes severely
27 contaminated;

28 WHEREAS, buildings contaminated by methamphetamine lab operations pose a risk to the
29 peace officers, health department employees, human services employees, and others who become
30 exposed to these sites;
31 WHEREAS, training programs are not available to adequately educate public health and
32 safety personnel throughout the state so they have the skills necessary to safely manage the
33 discovery and investigation of a methamphetamine lab:
34 WHEREAS, property owners and possible occupants of the building also risk exposure if
35 the building has not been adequately cleaned;
36 WHEREAS, the state needs to have generally applicable standards for determining to what
37 level and by what means a site must be cleaned in order to ensure habitability of the site;
38 WHEREAS, the state does not have established methods and guidelines for determining
39 if cleaning has rendered the site habitable, or what action should be taken to protect the public if
40 the site does not meet standards of habitability; and
41 WHEREAS, the state also does not have a program for the certification of businesses who
42 offer services in the cleanup of methamphetamine lab sites, and this certification would be of
43 benefit to property owners who must deal with sites where a methamphetamine lab has been
44 operated:
45 NOW, THEREFORE, BE IT RESOLVED that the Legislature requests that the Utah
46 Substance Abuse and Anti-Violence (USAAV) Coordinating Council, created in Section
47 63-25a-201 , coordinate and staff a work group of representatives from the Department of
48 Environmental Quality, the Department of Health, and the Department of Public Safety, in order
49 to establish standards for the procedures to be used in cleanup of methamphetamine lab sites, to
50 establish standards for habitability of these sites, to establish a certification program for businesses
51 involved in methamphetamine lab cleanups, to establish training programs for public health and
52 safety employees who face the risk of exposure to a methamphetamine lab in the course of carrying
53 out their employment duties, and to make recommendations regarding sources to provide funding
54 for methamphetamine lab cleanup costs.
55 BE IT FURTHER RESOLVED that the USAAV Council seek and include input from local
56 health departments as the work group carries out the purposes of this resolution.
57 BE IT FURTHER RESOLVED that the USAAV Council compile a report of the results
58 of the work group's efforts and any recommendations the work group may have for legislation, and

59 make this report available to the Law Enforcement and Public Safety and Judiciary Interim
60 Committees of the Legislature not later than September 30, 1999.




Legislative Review Note
as of 2-5-99 2:04 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel