Enrolled Copy H.B. 21
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 < addresses certain testing of water for lead at schools and child 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
H.B. 21 Enrolled Copy
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 shall, and a child care center may test the 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
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Enrolled Copy H.B. 21
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
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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, may comply with Section 19-4-115.
106 Section 3. Section 53G-9-212 is enacted to read:
107 53G-9-212. Drinking water quality in schools.
108 A school, as defined in Section 19-4-115, shall comply with Section 19-4-115.
109 Section 4. Section 63I-1-219 is amended to read:
110 63I-1-219. Repeal dates, Title 19.
111 (1) Title 19, Chapter 2, Air Conservation Act, is repealed July 1, 2029.
112 (2) Section 19-2a-102 is repealed July 1, 2026.
113 (3) Section 19-2a-104 is repealed July 1, 2022.
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114 (4) (a) Title 19, Chapter 4, Safe Drinking Water Act, is repealed July 1, 2024.
115 (b) Notwithstanding Subsection (4)(a), Section 19-4-115, Drinking water quality in
116 schools and child care centers, is repealed July 1, 2027.
117 (5) Title 19, Chapter 5, Water Quality Act, is repealed July 1, 2029.
118 (6) Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act, is repealed July 1,
119 2029.
120 (7) Title 19, Chapter 6, Part 3, Hazardous Substances Mitigation Act, is repealed July
121 1, 2030.
122 (8) Title 19, Chapter 6, Part 4, Underground Storage Tank Act, is repealed July 1,
123 2028.
124 (9) Title 19, Chapter 6, Part 6, Lead Acid Battery Disposal, is repealed July 1, 2026.
125 (10) Title 19, Chapter 6, Part 7, Used Oil Management Act, is repealed July 1, 2029.
126 (11) Title 19, Chapter 6, Part 8, Waste Tire Recycling Act, is repealed July 1, 2030.
127 (12) Title 19, Chapter 6, Part 10, Mercury Switch Removal Act, is repealed July 1,
128 2027.
129 Section 5. Section 63I-1-226 is amended to read:
130 63I-1-226. Repeal dates, Title 26.
131 (1) Subsection 26-1-7(1)(f), related to the Residential Child Care Licensing Advisory
132 Committee, is repealed July 1, 2024.
133 (2) Subsection 26-1-7(1)(h), related to the Primary Care Grant Committee, is repealed
134 July 1, 2025.
135 (3) Section 26-1-7.5, which creates the Utah Health Advisory Council, is repealed July
136 1, 2025.
137 (4) Section 26-1-40 is repealed July 1, 2022.
138 (5) Section 26-1-41 is repealed July 1, 2026.
139 (6) Section 26-7-10 is repealed July 1, 2025.
140 (7) Subsection 26-7-11(5), regarding reports to the Legislature, is repealed July 1,
141 2028.
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142 (8) Section 26-7-14 is repealed December 31, 2027.
143 (9) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
144 1, 2025.
145 (10) Subsection 26-10-6(5), which creates the Newborn Hearing Screening Committee,
146 is repealed July 1, 2026.
147 (11) Section 26-10b-106, which creates the Primary Care Grant Committee, is repealed
148 July 1, 2025.
149 (12) Subsection 26-15c-104(3), relating to a limitation on the number of
150 microenterprise home kitchen permits that may be issued, is repealed on July 1, 2022.
151 (13) Subsection 26-18-2.6(9), which addresses reimbursement for dental hygienists, is
152 repealed July 1, 2028.
153 (14) Section 26-18-27 is repealed July 1, 2025.
154 (15) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed July 1,
155 2027.
156 (16) Subsection 26-18-418(2), the language that states "and the Behavioral Health
157 Crisis Response Commission created in Section 63C-18-202" is repealed July 1, 2023.
158 (17) Section 26-33a-117 is repealed on December 31, 2023.
159 (18) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
160 (19) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1,
161 2024.
162 (20) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed
163 July 1, 2024.
164 (21) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July 1, 2024.
165 (22) Section 26-39-201, which creates the Residential Child Care Licensing Advisory
166 Committee, is repealed July 1, 2024.
167 (23) Section 26-39-405, Drinking water quality in child care centers, is repealed July 1,
168 2027.
169 [(23)] (24) Section 26-40-104, which creates the Utah Children's Health Insurance
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170 Program Advisory Council, is repealed July 1, 2025.
171 [(24)] (25) Section 26-50-202, which creates the Traumatic Brain Injury Advisory
172 Committee, is repealed July 1, 2025.
173 [(25)] (26) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
174 Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
175 [(26)] (27) Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is
176 repealed July 1, 2026.
177 [(27)] (28) Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed
178 July 1, 2026.
179 [(28)] (29) Title 26, Chapter 68, COVID-19 Vaccine Restrictions Act, is repealed July
180 1, 2024.
181 Section 6. Section 63I-1-253 is amended to read:
182 63I-1-253. Repeal dates, Titles 53 through 53G.
183 (1) Section 53-2a-105, which creates the Emergency Management Administration
184 Council, is repealed July 1, 2022.
185 (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
186 Board, are repealed July 1, 2022.
187 (3) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
188 July 1, 2023.
189 (4) Subsection 53-6-203(1)(b)(ii), regarding being 19 years old at certification, is
190 repealed July 1, 2027.
191 (5) Subsection 53-13-104(6)(a), regarding being 19 years old at certification, is
192 repealed July 1, 2027.
193 (6) Section 53B-6-105.5, which creates the Technology Initiative Advisory Board, is
194 repealed July 1, 2024.
195 (7) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
196 (8) Section 53B-17-1203, which creates the SafeUT and School Safety Commission, is
197 repealed January 1, 2025.
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198 (9) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
199 (10) Title 53B, Chapter 24, Part 4, Rural Residency Training Program, is repealed July
200 1, 2025.
201 (11) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
202 from the Land Exchange Distribution Account to the Geological Survey for test wells and other
203 hydrologic studies in the West Desert, is repealed July 1, 2030.
204 (12) Section 53E-3-515 is repealed January 1, 2023.
205 (13) In relation to a standards review committee, on January 1, 2023:
206 (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
207 recommendations of a standards review committee established under Section 53E-4-203" is
208 repealed; and
209 (b) Section 53E-4-203 is repealed.
210 (14) Subsections 53E-3-503(5) and (6), which create coordinating councils for youth in
211 custody, are repealed July 1, 2027.
212 (15) Section 53E-4-402, which creates the State Instructional Materials Commission, is
213 repealed July 1, 2022.
214 (16) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
215 repealed July 1, 2023.
216 (17) Subsection 53E-8-204(4), which creates the advisory council for the Utah Schools
217 for the Deaf and the Blind, is repealed July 1, 2021.
218 (18) Section 53F-2-420, which creates the Intensive Services Special Education Pilot
219 Program, is repealed July 1, 2024.
220 (19) Section 53F-5-203 is repealed July 1, 2024.
221 (20) Section 53F-5-212 is repealed July 1, 2024.
222 (21) Section 53F-5-213 is repealed July 1, 2023.
223 (22) Section 53F-5-214, in relation to a grant for professional learning, is repealed July
224 1, 2025.
225 (23) Section 53F-5-215, in relation to an elementary teacher preparation grant, is
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226 repealed July 1, 2025.
227 (24) Subsection 53F-9-203(7), which creates the Charter School Revolving Account
228 Committee, is repealed July 1, 2024.
229 (25) Section 53F-9-501 is repealed January 1, 2023.
230 (26) Subsections 53G-4-608(2)(b) and (4)(b), related to the Utah Seismic Safety
231 Commission, are repealed January 1, 2025.
232 (27) Subsection 53G-8-211(5), regarding referrals of a minor to court for a class C
233 misdemeanor, is repealed July 1, 2022.
234 (28) Section 53G-9-212, Drinking water quality in schools, is repealed July 1, 2027.
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Statutes affected: Introduced: 63I-1-219, 63I-1-226, 26-1-40, 26-1-41, 26-7-10, 26-7-14, 26-18-27, 63I-1-253, 53E-3-515, 53E-4-203, 53F-5-203, 53F-5-212, 53F-5-213, 53F-9-501
Amended: 63I-1-219, 63I-1-226, 26-1-40, 26-1-41, 26-7-10, 26-7-14, 26-18-27, 63I-1-253, 53E-3-515, 53E-4-203, 53F-5-203, 53F-5-212, 53F-5-213, 53F-9-501
Enrolled: 63I-1-219, 63I-1-226, 26-1-40, 26-1-41, 26-7-10, 26-7-14, 26-18-27, 63I-1-253, 53E-3-515, 53E-4-203, 53F-5-203, 53F-5-212, 53F-5-213, 53F-9-501