Representative Stephen G. Handy proposes the following substitute bill:




Chief Sponsor: Stephen G. Handy

Senate Sponsor: ____________


8     General Description:
9          This bill addresses water quality for schools.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     addresses testing drinking water for lead at schools;
14          ▸     requires action if lead test results are above a certain level; and
15          ▸     requires records to be kept and made public.
16     Money Appropriated in this Bill:
17          This bill appropriates in fiscal year 2021:
18          ▸     to the State Board of Education - State Administrative Office, as a one-time
19     appropriation:
20               •     from the Education Fund, One-time, $2,000,000.
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     ENACTS:
25          53G-9-210, Utah Code Annotated 1953


27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 53G-9-210 is enacted to read:
29          53G-9-210. Drinking water quality in schools.
30          (1) As used in this section:
31          (a) "Action level" means a lead concentration equal to 10 parts per billion.
32          (b) "Certified laboratory" means the State of Utah primacy laboratory or a laboratory
33     certified by the Utah State Health Laboratory.
34          (c) "Consumable tap" means a sink or fountain used for consumption of water or food
35     preparation.
36          (d) "Private school" means a private:
37          (i) elementary school or secondary school;
38          (ii) preschool; or
39          (iii) kindergarten.
40          (e) "Public school" means a public:
41          (i) elementary school or secondary school;
42          (ii) preschool; or
43          (iii) kindergarten.
44          (2) (a) A public school shall test each consumable tap at the public school for lead:
45          (i) by no later than December 31, 2023; and
46          (ii) every five years after the initial test of the consumable tap under Subsection (2)(a).
47          (b) A private school may test a consumable tap at the private school under this section.
48          (3) (a) In conducting a test under Subsection (2), a public or private school shall:
49          (i) comply with the current state testing guidelines for reducing lead in drinking water
50     in schools; and
51          (ii) submit the samples to a certified laboratory.
52          (b) If a private school tests a consumable tap under this section, the private school may
53     be eligible for reimbursement of costs associated with the testing at a certified laboratory if the
54     private school requests reimbursement from the Department of Environmental Quality.
55          (c) If the Department of Environmental Quality determines that a public school has
56     tested the public school's consumable taps as required by Subsection (2)(a), a public school

57     may request reimbursement from the state board of the costs associated with testing under this
58     section. Subject to appropriations, the state board shall reimburse the costs of testing in the
59     order that the requests for reimbursement are made with the state board. The state board may
60     make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Procedure Act, for
61     applying for reimbursement of the costs associated with testing under this section.
62          (4) If a test result of a consumable tap under Subsection (2) results in a lead level
63     above the action level, the public or private school shall take steps to stop the use of the
64     consumable tap or reduce the lead level below the action level.
65          (5) A public or private school shall:
66          (a) for at least five years from the day on which test results are received by the public
67     or private school, keep a record of:
68          (i) the test results for a test taken under Subsection (2); and
69          (ii) the steps taken as required under Subsection (4); and
70          (b) make a record described in Subsection (5)(a) available to the public upon request.
71          Section 2. Appropriation.
72          The following sums of money are appropriated for the fiscal year beginning July 1,
73     2020 and ending June 30, 2021. These are additions to amounts previously appropriated for
74     fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
75     Act, the Legislature appropriates the following sums of money from the funds or accounts
76     indicated for the use and support of the government of the state of Utah.
77     ITEM 1
78          To State Board of Education - State Administrative Office
79               From Education Fund, One-time

80               Schedule of Programs:
81                    Financial Operations                    $2,000,000
82          The Legislature intends that the appropriation under this item be used to reimburse
83     public schools for testing for lead in consumable taps as described in Section 53G-9-210
84     enacted in this bill.