This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Thu, Feb 17, 2022 at 3:02 PM by kpoll.
Representative Stephen G. Handy proposes the following substitute bill:


1     
SCHOOL AND CHILD CARE CENTER WATER TESTING

2     
REQUIREMENTS

3     
2022 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Stephen G. Handy

6     
Senate Sponsor: Jani Iwamoto

7     

8     LONG TITLE
9     General Description:
10          This bill addresses water quality for schools and child care centers.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸ Ŝ→ [
     requires] addresses ←Ŝ certain testing of water for lead at schools and child
14a     care centers;
15          ▸     addresses funding for testing and certain actions;
16          ▸     requires action if lead test results equals or exceeds a certain level;
17          ▸     addresses rulemaking authority;
18          ▸     addresses records that the division shall post;
19          ▸     imposes sunset dates; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:

26     AMENDS:
27          63I-1-219, as last amended by Laws of Utah 2021, Chapter 69
28          63I-1-226, as last amended by Laws of Utah 2021, Chapters 13, 50, 64, 163, 182, 234,
29     and 417
30          63I-1-253, as last amended by Laws of Utah 2021, Chapters 14, 64, 106, 233, and 307
31     ENACTS:
32          19-4-115, Utah Code Annotated 1953
33          26-39-405, Utah Code Annotated 1953
34          53G-9-212, Utah Code Annotated 1953
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 19-4-115 is enacted to read:
38          19-4-115. Drinking water quality in schools and child care centers.
39          (1) As used in this section:
40          (a) "Action level" means a lead concentration equal to five parts per billion.
41          (b) "Certified laboratory" means a laboratory certified by the Department of Health that
42     analyzes drinking water for lead.
43          (c) "Child care center" means:
44          (i) a center based child care, as defined in Section 26-39-102; or
45          (ii) an exempt provider, as defined in Section 26-39-102.
46          (d) "Consumable tap" means a sink or fountain used for consumption of water or food
47     preparation.
48          (e) "School" means a public or private:
49          (i) elementary school or secondary school;
50          (ii) preschool; or
51          (iii) kindergarten.
52          (2) (a) A school Ŝ→ [
or] shall, and a ←Ŝ child care center Ŝ→ [shall] may ←Ŝ test the
52a     school's or child care center's
53     consumable taps for lead by no later than December 31, 2023.
54          (b) In conducting a test under this Subsection (2), a school or child care center shall:
55          (i) comply with current state testing guidelines for reducing lead in drinking water in
56     schools and child care centers; and

57          (ii) submit a sample to a certified laboratory that has entered into a memorandum of
58     understanding with the division as described in Subsection (3).
59          (c) Notwithstanding Subsection (2)(a), if a school or child care center has conducted a
60     test for lead in drinking water in a consumable tap of the school or child care center on or after
61     January 1, 2016, but before May 4, 2022, the school or child care center:
62          (i) is not required to conduct a test under Subsection (2)(a) on the previously sampled
63     consumable tap;
64          (ii) if the test described in this Subsection (2)(c) finds a lead level for a consumable tap
65     equals or exceeds the action level, shall take steps to stop the use of the consumable tap or to
66     reduce the lead level below the action level as described in Subsection (5); and
67          (iii) by no later than the end of the time period established under Subsection (4)(c),
68     shall report to the division:
69          (A) the findings of the test described in this Subsection (2)(c); and
70          (B) any steps taken under Subsection (2)(c)(ii).
71          (3) (a) The division shall enter into a memorandum of understanding with one or more
72     certified laboratories under which the division pays the costs of testing a sample submitted by a
73     school or child care center in accordance with Subsection (2).
74          (b) Subject to appropriations, the division shall pay the costs of testing in the order that
75     a sample is submitted to the certified laboratory.
76          (c) A certified laboratory shall report test results for a sample submitted in accordance
77     with Subsection (2) to:
78          (i) the school or child care center that submitted the sample; and
79          (ii) the division.
80          (4) (a) If after paying the costs of testing under Subsection (3) there remains money
81     appropriated under this section, the division may issue grants to schools and child care centers
82     for costs associated with taking action under Subsection (5).
83          (b) The board may make rules, in accordance with Title 63G, Chapter 3, Utah
84     Administrative Rulemaking Act:
85          (i) to establish a procedure for a school or child care center applying for a grant under
86     Subsection (4)(a); and
87          (ii) for what constitutes steps to reduce the lead level below the action level as

88     described in Subsection (5).
89          (c) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah
90     Administrative Rulemaking Act, to establish the time period to take steps to reduce the lead
91     level below the action level as described in Subsection (5).
92          (5) If a test result of a consumable tap under Subsection (2) results in a lead level that
93     equals or exceeds the action level, the school or child care center shall:
94          (a) within the time period established under Subsection (4)(c) take steps to stop the use
95     of the consumable tap or to reduce the lead level below the action level; and
96          (b) report the steps taken under Subsection (5)(a) to the division within 30 days after
97     taking the steps.
98          (6) After the time period established under Subsection (4)(c) has ended, the division
99     shall post on a public website for at least five years from the day on which the division receives
100     the information:
101          (a) the test results for a test taken under Subsection (2); and
102          (b) the steps taken as required under Subsection (5).
103          Section 2. Section 26-39-405 is enacted to read:
104          26-39-405. Drinking water quality in child care centers.
105          A child care center, as defined in Section 19-4-115, Ŝ→ [
shall] may ←Ŝ comply with
105a     Section
106     19-4-115.
107          Section 3. Section 53G-9-212 is enacted to read:
108          53G-9-212. Drinking water quality in schools.
109          A school, as defined in Section 19-4-115, shall comply with Section 19-4-115.
110          Section 4. Section 63I-1-219 is amended to read:
111          63I-1-219. Repeal dates, Title 19.
112          (1) Title 19, Chapter 2, Air Conservation Act, is repealed July 1, 2029.
113          (2) Section 19-2a-102 is repealed July 1, 2026.
114          (3) Section 19-2a-104 is repealed July 1, 2022.
115          (4) (a) Title 19, Chapter 4, Safe Drinking Water Act, is repealed July 1, 2024.
116          (b) Notwithstanding Subsection (4)(a), Section 19-4-115, Drinking water quality in
117     schools and child care centers, is repealed July 1, 2027.
118          (5) Title 19, Chapter 5, Water Quality Act, is repealed July 1, 2029.

119          (6) Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act, is repealed July 1,
120     2029.
121          (7) Title 19, Chapter 6, Part 3, Hazardous Substances Mitigation Act, is repealed July
122     1, 2030.
123          (8) Title 19, Chapter 6, Part 4, Underground Storage Tank Act, is repealed July 1,
124     2028.
125          (9) Title 19, Chapter 6, Part 6, Lead Acid Battery Disposal, is repealed July 1, 2026.
126          (10) Title 19, Chapter 6, Part 7, Used Oil Management Act, is repealed July 1, 2029.
127          (11) Title 19, Chapter 6, Part 8, Waste Tire Recycling Act, is repealed July 1, 2030.
128          (12) Title 19, Chapter 6, Part 10, Mercury Switch Removal Act, is repealed July 1,
129     2027.
130          Section 5. Section 63I-1-226 is amended to read:
131          63I-1-226. Repeal dates, Title 26.
132          (1) Subsection 26-1-7(1)(f), related to the Residential Child Care Licensing Advisory
133     Committee, is repealed July 1, 2024.
134          (2) Subsection 26-1-7(1)(h), related to the Primary Care Grant Committee, is repealed
135     July 1, 2025.
136          (3) Section 26-1-7.5, which creates the Utah Health Advisory Council, is repealed July
137     1, 2025.
138          (4) Section 26-1-40 is repealed July 1, 2022.
139          (5) Section 26-1-41 is repealed July 1, 2026.
140          (6) Section 26-7-10 is repealed July 1, 2025.
141          (7) Subsection 26-7-11(5), regarding reports to the Legislature, is repealed July 1,
142     2028.
143          (8) Section 26-7-14 is repealed December 31, 2027.
144          (9) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
145     1, 2025.
146          (10) Subsection 26-10-6(5), which creates the Newborn Hearing Screening Committee,
147     is repealed July 1, 2026.
148          (11) Section 26-10b-106, which creates the Primary Care Grant Committee, is repealed
149     July 1, 2025.

150          (12) Subsection 26-15c-104(3), relating to a limitation on the number of
151     microenterprise home kitchen permits that may be issued, is repealed on July 1, 2022.
152          (13) Subsection 26-18-2.6(9), which addresses reimbursement for dental hygienists, is
153     repealed July 1, 2028.
154          (14) Section 26-18-27 is repealed July 1, 2025.
155          (15) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed July 1,
156     2027.
157          (16) Subsection 26-18-418(2), the language that states "and the Behavioral Health
158     Crisis Response Commission created in Section 63C-18-202" is repealed July 1, 2023.
159          (17) Section 26-33a-117 is repealed on December 31, 2023.
160          (18) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
161          (19) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1,
162     2024.
163          (20) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed
164     July 1, 2024.
165          (21) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July 1, 2024.
166          (22) Section 26-39-201, which creates the Residential Child Care Licensing Advisory
167     Committee, is repealed July 1, 2024.
168          (23) Section 26-39-405, Drinking water quality in child care centers, is repealed July 1,
169     2027.
170          [(23)] (24) Section 26-40-104, which creates the Utah Children's Health Insurance
171     Program Advisory Council, is repealed July 1, 2025.
172          [(24)] (25) Section 26-50-202, which creates the Traumatic Brain Injury Advisory
173     Committee, is repealed July 1, 2025.
174          [(25)] (26) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
175     Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
176          [(26)] (27) Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is
177     repealed July 1, 2026.
178          [(27)] (28) Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed
179     July 1, 2026.
180          [(28)] (29) Title 26, Chapter 68, COVID-19 Vaccine Restrictions Act, is repealed July

181     1, 2024.
182          Section 6. Section 63I-1-253 is amended to read:
183          63I-1-253. Repeal dates, Titles 53 through 53G.
184          (1) Section 53-2a-105, which creates the Emergency Management Administration
185     Council, is repealed July 1, 2022.
186          (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
187     Board, are repealed July 1, 2022.
188          (3) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
189     July 1, 2023.
190          (4) Subsection 53-6-203(1)(b)(ii), regarding being 19 years old at certification, is
191     repealed July 1, 2027.
192          (5) Subsection 53-13-104(6)(a), regarding being 19 years old at certification, is
193     repealed July 1, 2027.
194          (6) Section 53B-6-105.5, which creates the Technology Initiative Advisory Board, is
195     repealed July 1, 2024.
196          (7) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
197          (8) Section 53B-17-1203, which creates the SafeUT and School Safety Commission, is
198     repealed January 1, 2025.
199          (9) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
200          (10) Title 53B, Chapter 24, Part 4, Rural Residency Training Program, is repealed July
201     1, 2025.
202          (11) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
203     from the Land Exchange Distribution Account to the Geological Survey for test wells and other
204     hydrologic studies in the West Desert, is repealed July 1, 2030.
205          (12) Section 53E-3-515 is repealed January 1, 2023.
206          (13) In relation to a standards review committee, on January 1, 2023:
207          (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
208     recommendations of a standards review committee established under Section 53E-4-203" is
209     repealed; and
210          (b) Section 53E-4-203 is repealed.
211          (14) Subsections 53E-3-503(5) and (6), which create coordinating councils for youth in

212     custody, are repealed July 1, 2027.
213          (15) Section 53E-4-402, which creates the State Instructional Materials Commission, is
214     repealed July 1, 2022.
215          (16) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
216     repealed July 1, 2023.
217          (17) Subsection 53E-8-204(4), which creates the advisory council for the Utah Schools
218     for the Deaf and the Blind, is repealed July 1, 2021.
219          (18) Section 53F-2-420, which creates the Intensive Services Special Education Pilot
220     Program, is repealed July 1, 2024.
221          (19) Section 53F-5-203 is repealed July 1, 2024.
222          (20) Section 53F-5-212 is repealed July 1, 2024.
223          (21) Section 53F-5-213 is repealed July 1, 2023.
224          (22) Section 53F-5-214, in relation to a grant for professional learning, is repealed July
225     1, 2025.
226          (23) Section 53F-5-215, in relation to an elementary teacher preparation grant, is
227     repealed July 1, 2025.
228          (24) Subsection 53F-9-203(7), which creates the Charter School Revolving Account
229     Committee, is repealed July 1, 2024.
230          (25) Section 53F-9-501 is repealed January 1, 2023.
231          (26) Subsections 53G-4-608(2)(b) and (4)(b), related to the Utah Seismic Safety
232     Commission, are repealed January 1, 2025.
233          (27) Subsection 53G-8-211(5), regarding referrals of a minor to court for a class C
234     misdemeanor, is repealed July 1, 2022.
235          (28) Section 53G-9-212, Drinking water quality in schools, is repealed July 1, 2027.