2
3
4
5
6
7
8 LONG TITLE
9 Committee Note:
10 The Legislative Water Development Commission recommended this bill.
11 Membership: 13 legislators 11 non-legislators
12 Total Vote: 10 voting for 0 voting against 3 absent
13 Legislative Vote: 10 voting for 0 voting against 3 absent
14 General Description:
15 This bill addresses water quality for schools and child care centers.
16 Highlighted Provisions:
17 This bill:
18 ▸ defines terms;
19 ▸ requires testing of drinking water for lead at schools and child care centers;
20 ▸ addresses funding;
21 ▸ requires action if lead test results are above a certain level;
22 ▸ addresses records to be kept; and
23 ▸ imposes sunset dates.
24 Money Appropriated in this Bill:
25 This bill appropriates in fiscal year 2022:
26 ▸ to the State Board of Education - State Administrative Office, as a one-time
27 appropriation:
28 • from the Education Fund, One-time, $2,000,000.
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 63I-1-226, as last amended by Laws of Utah 2020, Chapters 19, 154, 172, 181, 221,
34 232, 303, 347, and 429
35 63I-1-253, as last amended by Laws of Utah 2020, Chapters 154, 174, 214, 234, 242,
36 269, 335, and 354
37 ENACTS:
38 26-39-405, Utah Code Annotated 1953
39 53G-9-210, Utah Code Annotated 1953
40
41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 26-39-405 is enacted to read:
43 26-39-405. Drinking water quality in child care centers.
44 A child care center, as defined in Section 53G-9-210, shall comply with Section
45 53G-9-210.
46 Section 2. Section 53G-9-210 is enacted to read:
47 53G-9-210. Drinking water quality in schools and child care centers.
48 (1) As used in this section:
49 (a) "Action level" means a lead concentration equal to 10 parts per billion.
50 (b) "Certified laboratory" means a laboratory approved by the Utah Division of
51 Drinking Water as certified to perform analytical analysis of drinking water.
52 (c) "Child care center" means:
53 (i) a center based child care, as defined in Section 26-39-102; or
54 (ii) an exempt provider, as defined in Section 26-39-102.
55 (d) "Consumable tap" means a sink or fountain used for consumption of water or food
56 preparation.
57 (e) "School" means a public or private:
58 (i) elementary school or secondary school;
59 (ii) preschool; or
60 (iii) kindergarten.
61 (2) A school or child care center shall test:
62 (a) at least 20% of the school's or child care's consumable taps for lead by no later than
63 December 31, 2024; and
64 (b) at least 20% of the school's or child care's consumable taps for lead each
65 subsequent calendar year until all consumable taps are tested.
66 (3) In conducting a test under Subsection (2), the school or child care center shall:
67 (a) comply with the current state testing guidelines for reducing lead in drinking water
68 in schools and child care centers; and
69 (b) submit the samples to a certified laboratory.
70 (4) (a) If a private school or child care center tests a consumable tap under this section,
71 the private school or child care center may be eligible for reimbursement of costs associated
72 with the testing at a certified laboratory if the private school or child care center requests
73 reimbursement from the Department of Environmental Quality.
74 (b) (i) A public school may request reimbursement from the state board of the costs
75 associated with testing under this section.
76 (ii) Subject to appropriations, the state board shall reimburse the costs of testing in the
77 order that the requests for reimbursement are made with the state board.
78 (iii) The state board may make rules, in accordance with Title 63G, Chapter 3, Utah
79 Administrative Rulemaking Act, for applying for reimbursement of the costs associated with
80 testing under this section.
81 (c) If after reimbursing the costs of testing of public schools under Subsection (4)(b)
82 there remains money appropriated to the state board for the testing of public schools, the state
83 board may use that money to provide public schools located within a third, fourth, fifth, or
84 sixth class county money to be used by the public school for costs associated with taking action
85 under Subsection (5).
86 (5) If a test result of a consumable tap under Subsection (2) results in a lead level
87 above the action level, the school or child care center shall take steps to stop the use of the
88 consumable tap or reduce the lead level below the action level.
89 (6) A school or child care center shall:
90 (a) for at least five years from the day on which test results are received by the school
91 or child care center, keep a record of:
92 (i) the test results for a test taken under Subsection (2); and
93 (ii) the steps taken as required under Subsection (5); and
94 (b) make a record described in Subsection (6)(a) available upon request.
95 Section 3. Section 63I-1-226 is amended to read:
96 63I-1-226. Repeal dates, Title 26.
97 (1) Subsection 26-1-7(1)(f), related to the Residential Child Care Licensing Advisory
98 Committee, is repealed July 1, 2024.
99 (2) Subsection 26-1-7(1)(h), related to the Primary Care Grant Committee, is repealed
100 July 1, 2025.
101 (3) Section 26-1-7.5, which creates the Utah Health Advisory Council, is repealed July
102 1, 2025.
103 (4) Section 26-1-40 is repealed July 1, 2022.
104 (5) Section 26-1-41 is repealed July 1, 2026.
105 (6) Section 26-7-10 is repealed July 1, 2025.
106 (7) Subsection 26-7-11(5), regarding reports to the Legislature, is repealed July 1,
107 2028.
108 (8) Section 26-7-14 is repealed December 31, 2027.
109 (9) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
110 1, 2025.
111 (10) Subsection 26-10-6(5), which creates the Newborn Hearing Screening Committee,
112 is repealed July 1, 2026.
113 (11) Section 26-10-11 is repealed July 1, 2025.
114 (12) Section 26-10b-106, which creates the Primary Care Grant Committee, is repealed
115 July 1, 2025.
116 (13) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed July 1,
117 2027.
118 (14) Subsection 26-18-417(3) relating to a report to the Health and Human services
119 Interim Committee is repealed July 1, 2020.
120 (15) Subsection 26-18-418(2), the language that states "and the Behavioral Health
121 Crisis Response Commission created in Section 63C-18-202" is repealed July 1, 2023.
122 (16) Title 26, Chapter 18a, Kurt Oscarson Children's Organ Transplant Coordinating
123 Committee, is repealed July 1, 2021.
124 (17) Section 26-33a-117 is repealed on December 31, 2023.
125 (18) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
126 (19) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1,
127 2024.
128 (20) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed
129 July 1, 2024.
130 (21) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July 1, 2024.
131 (22) Section 26-39-201, which creates the Residential Child Care Licensing Advisory
132 Committee, is repealed July 1, 2024.
133 (23) Section 26-39-405 is repealed July 1, 2026.
134 [
135 Program Advisory Council, is repealed July 1, 2025.
136 [
137 Committee, is repealed July 1, 2025.
138 [
139 Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
140 [
141 repealed July 1, 2026.
142 [
143 July 1, 2026.
144 Section 4. Section 63I-1-253 is amended to read:
145 63I-1-253. Repeal dates, Titles 53 through 53G.
146 (1) Section 53-2a-105, which creates the Emergency Management Administration
147 Council, is repealed July 1, 2021.
148 (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
149 Board, are repealed July 1, 2022.
150 (3) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
151 July 1, 2023.
152 (4) Subsection 53-6-203(1)(b)(ii), regarding being 19 years old at certification, is
153 repealed July 1, 2027.
154 (5) Subsection 53-13-104(6)(a), regarding being 19 years old at certification, is
155 repealed July 1, 2027.
156 (6) Section 53B-6-105.5, which creates the Technology Initiative Advisory Board, is
157 repealed July 1, 2024.
158 (7) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
159 (8) Section 53B-17-1203, which creates the SafeUT and School Safety Commission, is
160 repealed January 1, 2025.
161 (9) Section 53B-18-1501 is repealed July 1, 2021.
162 (10) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
163 (11) Title 53B, Chapter 24, Part 4, Rural Residency Training Program, is repealed July
164 1, 2025.
165 (12) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
166 from the Land Exchange Distribution Account to the Geological Survey for test wells and other
167 hydrologic studies in the West Desert, is repealed July 1, 2030.
168 (13) Section 53E-3-515 is repealed January 1, 2023.
169 (14) In relation to a standards review committee, on January 1, 2023:
170 (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
171 recommendations of a standards review committee established under Section 53E-4-203" is
172 repealed; and
173 (b) Section 53E-4-203 is repealed.
174 (15) Subsections 53E-3-503(5) and (6), which create coordinating councils for youth in
175 custody, are repealed July 1, 2027.
176 (16) Section 53E-4-402, which creates the State Instructional Materials Commission, is
177 repealed July 1, 2022.
178 (17) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
179 repealed July 1, 2023.
180 (18) Subsection 53E-8-204(4), which creates the advisory council for the Utah Schools
181 for the Deaf and the Blind, is repealed July 1, 2021.
182 (19) Section 53F-2-514 is repealed July 1, 2020.
183 (20) Section 53F-5-203 is repealed July 1, 2024.
184 (21) Section 53F-5-212 is repealed July 1, 2024.
185 (22) Section 53F-5-213 is repealed July 1, 2023.
186 (23) Section 53F-5-214, in relation to a grant for professional learning, is repealed July
187 1, 2025.
188 (24) Section 53F-5-215, in relation to an elementary teacher preparation grant is
189 repealed July 1, 2025.
190 (25) Subsection 53F-9-203(7), which creates the Charter School Revolving Account
191 Committee, is repealed July 1, 2024.
192 (26) Section 53F-9-501 is repealed January 1, 2023.
193 (27) Subsections 53G-4-608(2)(b) and (4)(b), related to the Utah Seismic Safety
194 Commission, are repealed January 1, 2025.
195 (28) Subsection 53G-8-211(5), regarding referrals of a minor to court for a class C
196 misdemeanor, is repealed July 1, 2022.
197 (29) Section 53G-9-210 is repealed July 1, 2026.
198 Section 5. Appropriation.
199 The following sums of money are appropriated for the fiscal year beginning July 1,
200 2021, and ending June 30, 2022. These are additions to amounts previously appropriated for
201 fiscal year 2022. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
202 Act, the Legislature appropriates the following sums of money from the funds or accounts
203 indicated for the use and support of the government of the state of Utah.
204 ITEM 1
205 To State Board of Education - State Administrative Office
206 From Education Fund, One-time
$2,000,000
207 Schedule of Programs:
208 Financial Operations $2,000,000
209 The Legislature intends that the appropriation under this item be used to reimburse
210 public schools as described in Section 53G-9-210 enacted in this bill. The money appropriated
211 under this item is nonlapsing.