Chief Sponsor: Stephen G. Handy

Senate Sponsor: Jani Iwamoto


8     General Description:
9          This bill enacts provisions related to monitoring and mitigating lead in drinking water
10     in schools and child care centers.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires the Drinking Water Board to make administrative rules that:
15               •     create a program related to lead concentration in the drinking water of schools
16     and child care centers;
17               •     establish a lead concentration level in drinking water at or above which schools
18     and child care centers are required to undertake mitigation activities under
19     certain conditions; and
20               •     require schools and child care centers to undertake certain monitoring,
21     reporting, and mitigation activities;
22          ▸     adds a required use for a portion of the Environmental Mitigation and Response
23     Fund; and
24          ▸     creates an expendable special revenue fund.
25     Money Appropriated in this Bill:
26          This bill appropriates in fiscal year 2020:
27          ▸     to the Department of Environmental Quality - Environmental Mitigation and

28     Response Fund, as a one-time appropriation:
29               •     from the General Fund, One-time, $5,000,000.
30     Other Special Clauses:
31          None
32     Utah Code Sections Affected:
33     AMENDS:
34          19-1-604, as enacted by Laws of Utah 2017, Chapter 246
35     ENACTS:
36          19-4-115, Utah Code Annotated 1953
37          19-4-116, Utah Code Annotated 1953

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 19-1-604 is amended to read:
41          19-1-604. Environmental mitigation.
42          (1) The executive director shall administer the fund created in Section 19-1-603.
43          (2) The executive director may:
44          (a) disburse funds to an authorized individual or public, private, or governmental
45     entity, or Native American tribe to implement a specified environmental mitigation action in
46     accordance with any terms and conditions associated with the funding source, as provided in
47     Subsection 19-1-603(4);
48          (b) expend funds to implement certain environmental mitigation actions in accordance
49     with any terms and conditions associated with the funding source, as provided in Subsection
50     19-1-603(4);
51          (c) expend funds to implement an environmental response action or site closure, in
52     accordance with any terms and conditions associated with the funding source, as provided in
53     Subsection 19-1-603(4);
54          (d) expend funds to cover actual administrative expenditures in accordance with any
55     terms and conditions associated with the funds as provided in Subsection 19-1-603(4); and
56          (e) return unused funds to the funding source, if required under the terms and
57     conditions as provided in Subsection 19-1-603(4).
58          (3) For an environmental response action conducted pursuant to Subsection

59     19-1-604(2)(c), the executive director shall comply with applicable environmental cleanup
60     standards described in this title.
61          (4) If the executive director disburses funds to another state agency in accordance with
62     Subsection (2)(a), that agency may expend the funds in accordance with any terms and
63     conditions associated with the fund contributions as provided in Subsection 19-1-603(4),
64     including returning any unused funds to the department.
65          (5) Following the completion of an environmental mitigation and response action, any
66     excess funds not returned to the funding source as provided in Subsection 19-1-603(4) shall be
67     transferred to the Hazardous Substances Mitigation Fund, in accordance with Section
68     19-6-307.
69          (6) (a) As used in this Subsection (6):
70          (i) "Child care center" means:
71          (A) center based child care, as defined in Section 26-39-102;
72          (B) an exempt provider, as defined in Section 26-39-102; or
73          (C) a preschool.
74          (ii) "School" means a public or private school serving any grades kindergarten through
75     grade 12.
76          (b) The executive director shall disburse state funds appropriated by the Legislature for
77     lead in drinking water mitigation described in Section 19-4-115 to schools and child care
78     centers that have a lead concentration at or above the lead level requiring mitigation, as defined
79     in Section 19-4-115.
80          (c) In making a disbursement described in Subsection (6)(b), the executive director
81     shall:
82          (i) prioritize funding for schools and child care centers that have known lead service
83     lines; and
84          (ii) require that before receiving a disbursement from the fund:
85          (A) a school shall spend at least $1,000 on mitigating the lead concentration in the
86     school's drinking water; and
87          (B) a child care center shall spend at least $200 on mitigating the lead concentration in
88     the child care center's drinking water.
89          Section 2. Section 19-4-115 is enacted to read:

90          19-4-115. Drinking water quality in schools and child care facilities.
91          (1) As used in this section:
92          (a) "Lead level requiring mitigation" means the lead concentration in a school's
93     drinking water at or above which the school may be required to undertake mitigation activities
94     in accordance with Subsection (2)(d).
95          (b) "Local health department" means the same as that term is defined in Section
96     26A-1-102.
97          (c) "School" means a public or private:
98          (i) elementary school or secondary school through grade 12;
99          (ii) preschool;
100          (iii) kindergarten;
101          (iv) center based child care, as defined in Section 26-39-102; or
102          (v) exempt provider, as defined in Section 26-39-102.
103          (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
104     board shall make rules that:
105          (a) establish a reduction of lead in drinking water program for schools;
106          (b) as part of the program described in Subsection (2)(a), require a school to:
107          (i) create a written plan regarding lead concentration in the school's drinking water;
108          (ii) through either the school's own employees or a contract with a local health
109     department or other entity, monitor and report on the lead concentration in the school's drinking
110     water; and
111          (iii) notify parents of children enrolled in the school of the lead concentration in the
112     school's drinking water;
113          (c) establish the lead level requiring mitigation; and
114          (d) determine whether a school is required to undertake mitigation if the lead
115     concentration in the school's drinking water is at or above the lead level requiring mitigation,
116     taking into consideration:
117          (i) the effectiveness of available mitigation to bring the lead concentration in the
118     school's drinking water below the lead level requiring mitigation; and
119          (ii) the lead concentration in the water delivered to the school.
120          (3) (a) As part of the Department of Health's consultation with the Department of

121     Environmental Quality described in Section 26-1-30, the Department of Health shall
122     recommend to the board a lead level requiring mitigation.
123          (b) The board shall consider the recommendation described in Subsection (3)(a) when
124     establishing the lead level requiring mitigation.
125          (4) The division shall provide resources to schools regarding a written plan described
126     in Subsection (2)(b)(i), including:
127          (a) a template; and
128          (b) guidance on how a school may customize the template described in Subsection
129     (4)(a).
130          (5) Subject to available funds:
131          (a) the executive director of the Department of Environmental Quality shall use money
132     from the Environmental Mitigation and Response Fund created in Subsection 19-1-603:
133          (i) for mitigation described in Subsection (2)(d); and
134          (ii) in accordance with Subsection 19-1-604(6); and
135          (b) the director shall allocate money in the Lead Sampling Fund created in Section
136     19-4-116 as described in Section 19-4-116.
137          Section 3. Section 19-4-116 is enacted to read:
138          19-4-116. Lead Sampling Fund.
139          (1) The terms defined in Section 19-4-115 apply to this section.
140          (2) There is created an expendable special revenue fund known as the "Lead Sampling
141     Fund."
142          (3) The Lead Sampling Fund consists of:
143          (a) grants from the federal government;
144          (b) legislative appropriations;
145          (c) voluntary contributions; and
146          (d) interest earned on the fund.
147          (4) The director may distribute money in the fund, for a cost incurred in complying
148     with the requirements for schools described in Subsection 19-4-115(2)(b) to:
149          (a) reimburse a school; or
150          (b) directly pay a provider under contract with a school.
151          Section 4. Appropriation.

152          The following sums of money are appropriated for the fiscal year beginning July 1,
153     2019, and ending June 30, 2020. These are additions to amounts previously appropriated for
154     fiscal year 2020. The Legislature has reviewed the following expendable funds. The Legislature
155     authorizes the State Division of Finance to transfer amounts between funds and accounts as
156     indicated. Outlays and expenditures from the funds or accounts to which the money is
157     transferred may be made without further legislative action, in accordance with statutory
158     provisions relating to the funds or accounts.
159     ITEM 1
160          To Department of Environmental Quality -- Environmental
161          Mitigation and Response Fund
162               From General Fund, One-time

163               Schedule of Programs:
164                    School Drinking Water Lead Mitigation     $5,000,000
165          The Legislature intends that the appropriation under this item be used to mitigate the
166     concentration of lead in school and child care center drinking water, as described in Section
167     19-1-604.