(1) The school and child care clean drinking water fund is created in the department.
(2) The fund includes any money that is transferred to the fund and any money that the general assembly may appropriate to the fund.
(3) Money in the fund at the end of each state fiscal year remains in the fund and does not revert to the general fund; except that any money remaining in the fund on June 29, 2026, reverts to the general fund.
(4) The department is the administrator of the fund for auditing purposes.
(5) The department shall expend money from the fund only:
(a) To help schools, child care centers, and family child care homes comply with this part 9; and
(b) To reimburse eligible schools, child care centers, and family child care homes as needed for costs associated with complying with this part 9, in the following order of priority:
(I) Child care centers and family child care homes;
(II) Eligible schools for which testing results show relatively high levels of lead;
(III) Eligible schools that are receiving money pursuant to Title I of the federal Elementary and Secondary Education Act of 1965, 20 U.S.C. sec. 6301 et seq., as amended; and
(IV) On and after June 1, 2023, subject to available appropriations, eligible schools that serve students in sixth, seventh, or eighth grade.
(6) Notwithstanding any provision of this section to the contrary, the department shall not expend money from the fund:
(a) To replace or repair any lead service line; or
(b) To reimburse a child care center, family child care home, or eligible school for costs associated with complying with this part 9 if the child care center, family child care home, or eligible school has already received money from the fund to reimburse the child care center, family child care home, or eligible school for a test of each drinking water source, as described in section 25-8-903 (1), and:
(I) None of the results of such testing showed the presence of lead in an amount of at least five parts per billion; or
(II) If the results of such testing showed the presence of lead in an amount of at least five parts per billion, the child care center, family child care home, or eligible school has also received reimbursement for:
(A) Any remediation efforts performed in response to such testing; and
(B) A confirmation test of each drinking water source at the child care center, family child care home, or eligible school, as described in section 25-8-903 (2)(c).
Source: L. 2022: Entire part added, (HB 22-1358), ch. 382, p. 2730, � 1, effective August 10. L. 2023: (5)(b)(IV) amended, (HB 23-1298), ch. 300, p. 1805, � 1, effective June 1.
25-8-903. Testing for the presence of lead in drinking water in child care centers, family child care homes, and eligible schools - remediation - maintenance of records - training - inspections - enforcement - reimbursement - technical assistance - exemptions - opt out by family child care home - reports. (1) Testing. (a) (I) Except as described in subsection (1)(a)(II) of this section, on or before May 31, 2023, each child care center, family child care home, and eligible school shall test its drinking water sources by having a state-certified laboratory measure the lead content of water drawn from each drinking water source. The testing must be done in accordance with the latest federal guidance on proper sampling for testing for the presence of lead in drinking water, including the Lead and Copper Rule of the federal environmental protection agency, 40 CFR 141 et seq., as amended.
(II) Subject to available appropriations, as described in section 25-8-904 (2), an eligible school that serves students in sixth, seventh, or eighth grade shall satisfy the requirement described in subsection (1)(a)(I) of this section on or before November 30, 2024.
(b) Except as described in subsection (2)(a)(V) of this section, within thirty days after receiving the results of a test of a drinking water source, a child care center, family child care home, or eligible school shall:
(I) Make the results, as well as any associated lead remediation plans, publicly available on the child care center's, family child care home's, or eligible school's website, if applicable; and
(II) Report the results to the water quality control commission using a standard form that the commission establishes. The commission shall post the results on its public website within thirty days after receiving them.
(c) Each child care center, family child care home, and eligible school shall establish a testing schedule for its drinking water sources, provide the schedule to its employees and to parents and guardians of children that attend the child care center, family child care home, or eligible school, and make the schedule publicly available. All communications to employees, parents, and guardians must be provided in relevant languages.
(d) The department shall develop and make available a template for child care centers, family child care homes, and eligible schools to use to provide notifications and post information online as described in this section.
(2) Remediation. (a) If the results of a test of a drinking water source show that water from the drinking water source contains lead in an amount of five parts per billion or more, a child care center, family child care home, or eligible school shall:
(I) Shut off the drinking water source as soon as practicably possible;
(II) Affix a visible label on the drinking water source, which label indicates that the drinking water source is undergoing remediation for the presence of lead and that water from the drinking water source should not be consumed;
(III) Determine remediation steps within thirty days after receiving the test results, which remediation steps must be demonstrated to reduce lead to below five parts per billion and may include installation or replacement of a filtration system;
(IV) Complete all necessary remediation steps as soon as possible but no later than ninety days after receiving the test results; and
(V) Provide notice of the test results to all employees, parents, and guardians within two business days after receiving the results, which notice must be provided in relevant languages and include a summary of the test results and information concerning the availability of the complete test results, a description of any remediation steps that will be taken, general information concerning the health effects and risks posed by lead in drinking water and other sources, and information regarding the availability of additional resources concerning lead in drinking water, including how and where individuals may seek blood-level testing if they are concerned.
(b) While a child care center, family child care home, or eligible school is in the process of remediating a drinking water source, the child care center, family child care home, or eligible school shall ensure that:
(I) No one uses the drinking water source to acquire water for drinking or cooking; and
(II) Adequate drinking water remains available to children, employees, and other individuals who are present in the child care center, family child care home, or eligible school.
(c) Within ninety days after a child care center, family child care home, or eligible school successfully remediates a drinking water source, the child care center, family child care home, or eligible school shall perform a confirmation test of the drinking water source for the presence of lead.
(d) The department may conduct further remediation as necessary to address a drinking water source at a child care center, family child care home, or eligible school.
(3) Maintenance of records. Each child care center, family child care home, and eligible school shall create and maintain, for at least five years, records of its filter replacement activities, including when a filter is removed and when a new filter is installed, and any remediation efforts, including faucet replacements. Each child care center, family child care home, and eligible school shall provide copies of such records to the department and any member of the public upon request.
(4) Training. Not later than one hundred eighty days after August 10, 2022, the department shall provide training to each child care center, family child care home, and eligible school regarding water filter maintenance, flushing protocols, testing for lead, reporting processes for sampling reports, and other activities relevant to compliance with this part 9. Training may take place in person or virtually and must include the individuals who will take water samples at the child care center, family child care home, or eligible school for the purposes of this part 9. The department shall provide the training in relevant languages.
(5) Inspections. The department is not required to perform inspections pursuant to this part 9.
(6) Enforcement. The water quality control commission may enforce this part 9 by issuing administrative orders and assessing penalties but is not required to do so.
(7) Reimbursement. (a) The department shall develop and implement procedures:
(I) Whereby child care centers, family child care homes, and eligible schools can satisfactorily demonstrate costs incurred for the purpose of complying with this section and apply to the department for reimbursement of such costs; and
(II) Whereby the department, except as described in section 25-8-902 (6), reimburses child care centers, family child care homes, and eligible schools for costs incurred for the purpose of complying with this section.
(b) Notwithstanding subsection (7)(a) of this section, the department shall not reimburse an eligible school that serves students in sixth, seventh, or eighth grade until June 1, 2023, for costs incurred for the purpose of complying with this section.
(8) Technical assistance. The department shall provide technical assistance as needed to child care centers, family child care homes, and eligible schools in rural areas to help such facilities comply with the requirements of this section.
(9) Exemptions. Notwithstanding any provision of this section to the contrary:
(a) A family child care home established before March 31, 2023, may opt out of the duty to comply with this section so long as the authorized representative of the family child care home provides written notice of such decision to the department on or before March 31, 2023. A family child care home established on or after March 31, 2023, may opt out of the duty to comply with this section so long as the authorized representative of the family child care home provides written notice of such decision to the department within six months after the date upon which the family child care home is established.
(b) A child care center or eligible school is not required to satisfy the requirements of this section if the child care center or eligible school is classified as a public water system under the Lead and Copper Rule of the federal environmental protection agency, 40 CFR 141 et seq., as amended, and the child care center or eligible school is in compliance with the requirements of the federal rule. However, a child care center or eligible school that utilizes the exemption described in this subsection (9)(b) shall, in lieu of satisfying the reporting requirement described in subsection (1)(b)(II) of this section, report annually to the water quality control commission the results of the child care center's or eligible school's testing of its drinking water sources pursuant to the federal rule.
(10) Reports. (a) On or before December 1, 2023, and on or before each December 1 thereafter, the water quality control commission shall submit a report to the public and behavioral health and human services committee of the house of representatives and the health and human services committee of the senate, or to any successor committees, which report:
(I) Summarizes the results of the tests performed by child care centers, family child care homes, and eligible schools pursuant to this section; and
(II) Identifies any noncompliant child care centers, family child care homes, and eligible schools.
(b) The water quality control commission shall present testimony concerning the report described in subsection (10)(a) of this section to the public and behavioral health and human services committee of the house of representatives, or any successor committee, at the committee's request.
(c) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report described in subsection (10)(a) of this section continues indefinitely.
Source: L. 2022: Entire part added, (HB 22-1358), ch. 382, p. 2731, � 1, effective August 10. L. 2023: (7)(b) amended, (HB 23-1298), ch. 300, p. 1805, � 2, effective June 1.
25-8-904. Report and recommendation regarding expansion required - legislative declaration. (1) It is the general assembly's intent that, subject to the availability of future appropriations, the requirements described in this part 9 concerning the testing and remediation of drinking water sources in eligible schools should be expanded to apply to schools other than those schools that are eligible schools, and such schools should also be made eligible to receive reimbursement for costs incurred in complying with such requirements. To this end, the department is required to advise the general assembly in the form of the report described in subsection (2) of this section.
(2) On or before February 28, 2024, the department shall report to the public and behavioral health and human services committee of the house of representatives and the health and human services committee of the senate, or to any successor committees, concerning the department's activities under this part 9. Specifically, the department shall include in the report the amount of money, if any, that remains in the fund on the date of the report. If the department determines that sufficient money remains in the fund, then eligible schools that serve any of grades six through eight shall comply with the testing requirement described in section 25-8-903 (1)(a)(I) on or before November 30, 2024. The department shall post notice of its determination on its public website as soon as practicable.
Source: L. 2022: Entire part added, (HB 22-1358), ch. 382, p. 2735, � 1, effective August 10.