First Substitute H.J.R. 11

Representative A. Lamont Tyler proposes to substitute the following bill:

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 RECOMMENDATIONS
12 FOR STANDARDS REGARDING CLEANUP OF BUILDINGS USED AS
13 METHAMPHETAMINE LABS, AND STANDARDS FOR DETERMINING IF THE CLEANUP
14 IS ADEQUATE FOR HABITABILITY; TO ESTABLISH TRAINING PROGRAMS FOR
15 EMPLOYEES OF AGENCIES AFFECTED BY THESE LABS; TO IMPLEMENT A
16 CERTIFICATION PROGRAM REGARDING BUSINESSES INVOLVED IN
17 METHAMPHETAMINE LAB CLEANUP SERVICES; TO DETERMINE WHICH AGENCIES
18 SHOULD IMPLEMENT AND ENFORCE THESE PROGRAMS; AND TO PROVIDE
19 RECOMMENDATIONS REGARDING CLEANUP FUNDING SOURCES.
20 Be it resolved by the Legislature of the state of Utah:
21 WHEREAS, methamphetamine is an illicit drug that is manufactured in illegal clandestine
22 laboratories which are likely to produce toxic fumes and large amounts of toxic waste, which can
23 permeate the area where the methamphetamine is manufactured, creating serious risks to human
24 health;
25 WHEREAS, Utah is usually included in the top three states in terms of numbers of

26 methamphetamine labs seized, and the numbers are increasing with more than 300
27 methamphetamine labs seized last year;
28 WHEREAS, the real property where methamphetamine labs are operated becomes severely
29 contaminated;
30 WHEREAS, buildings contaminated by methamphetamine lab operations pose a risk to the
31 peace officers, health department employees, human services employees, and others who become
32 exposed to these sites;
33 WHEREAS, training programs are not available to adequately educate public health and
34 safety personnel throughout the state so they have the skills necessary to safely manage the
35 discovery and investigation of a methamphetamine lab;
36 WHEREAS, property owners and possible occupants of the building also risk exposure if
37 the building has not been adequately cleaned;
38 WHEREAS, the state needs to have generally applicable standards for determining to what
39 level and by what means a site must be cleaned in order to ensure habitability of the site;
40 WHEREAS, the state does not have established methods and guidelines for determining
41 if cleaning has rendered the site habitable, or what action should be taken to protect the public if
42 the site does not meet standards of habitability; and
43 WHEREAS, the state also does not have a program for the certification of businesses who
44 offer services in the cleanup of methamphetamine lab sites, and this certification would be of
45 benefit to property owners who must deal with sites where a methamphetamine lab has been
46 operated:
47 NOW, THEREFORE, BE IT RESOLVED that the Legislature requests that the Utah
48 Substance Abuse and Anti-Violence (USAAV) Coordinating Council, created in Section
49 63-25a-201 , coordinate and staff a work group of representatives from the Department of
50 Environmental Quality, the Department of Health, and the Department of Public Safety, working
51 in consultation with the Drug Enforcement Administration, the Environmental Protection Agency,
52 and other appropriate federal, state, and local agencies, in order to make recommendations
53 regarding the establishment of the following:
54 1. standards for the procedures to be used in cleanup of methamphetamine lab sites;
55 2. standards for habitability of those sites, and which agency shall be responsible for
56 enforcement of the standards;

57 3. a certification program for businesses involved in methamphetamine lab cleanup, and
58 which agency shall be responsible for certifying businesses;
59 4. training programs for public health and safety employees who face the risk of exposure
60 to a methamphetamine lab in the course of carrying out their employment duties, and which agency
61 shall be responsible for conducting the training; and
62 5. sources to provide funding for methamphetamine lab cleanup costs.
63 BE IT FURTHER RESOLVED that the USAAV Council seek and include input from local
64 health departments as the work group carries out the purposes of this resolution.
65 BE IT FURTHER RESOLVED that the USAAV Council compile a report of the results
66 of the work group's efforts and any recommendations the work group may have for legislation, and
67 make this report available to the Law Enforcement and Public Safety and Judiciary Interim
68 Committees of the Legislature not later than September 30, 1999.