HB 22-1358

Abstract

The act requires each child care center, each family child care home, and each public school that serves any of grades preschool through fifth grade, on or before May 31, 2023, to test its drinking water sources by having a state-certified laboratory measure the lead content of water drawn from each drinking water source. Subject to available appropriations, each public school that serves students in sixth, seventh, or eighth grade shall satisfy this requirement on or before November 30, 2024. Within 30 days after receiving the results of a test, a child care center, family child care home, or public school that serves any of grades preschool through eighth grade (P-8 school) must 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 P-8 school's website, if applicable, and report the results to the water quality control commission (commission). The commission shall post the results on its public website within 30 days after receiving them. 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 5 parts per billion or more, a child care center, family child care home, or P-8 school must notify all employees and parents and guardians of students, discontinue use of the drinking water source, and take specific measures to address and remediate the drinking water source. The act requires each child care center, family child care home, and P-8 school to create and maintain, for at least 5 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. The act requires the department of public health and environment (department) to provide training to each child care center, family child care home, and P-8 school regarding water filter maintenance, flushing protocols, testing for lead, reporting processes for sampling reports, and other activities relevant to compliance with the act's new requirements. The act allows a family child care home established before March 31, 2023, to opt out of the duty to comply with the act's requirements 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 so long as the authorized representative provides written notice of such decision to the department within 6 months after the date upon which the family child care home is established. A child care center or P-8 school is not required to satisfy the act's requirements if the child care center or P-8 school is classified as a public water system under the "Lead and Copper Rule" of the federal environmental protection agency and the child care center or P-8 school is in compliance with the requirements of the federal rule. However, the child care center or P-8 school is required to report annually to the commission the results of the testing of the center or P-8 school's drinking water sources pursuant to the federal rule. The act creates the school and child care clean drinking water fund (fund) in the department and requires the department to expend money from the fund only to: Help child care centers, family child care homes, and P-8 schools comply with the act's requirements; and Reimburse child care centers, family child care homes, and P-8 schools as needed for costs associated with complying with the act's requirements. The act prohibits the department from reimbursing a child care center, family child care home, or P-8 school for such costs if the child care center, family child care home, or P-8 school has already received reimbursement money from the fund and: None of the results of the required testing showed the presence of lead in an amount of at least 5 parts per billion; or If the results of such testing showed the presence of lead in an amount of at least 5 parts per billion, the child care center, family child care home, or P-8 school has also received reimbursement for any associated remediation efforts and a confirmation test of each drinking water source. The act requires the commission, on or before December 1, 2023, and on or before each December 1 thereafter, to submit a report concerning the act's requirements to legislative committees of reference. The act also requires the department, on or before February 28, 2024, to report to the legislative committees of reference: The remaining balance in the fund as of the date of the report; and The department's determination as to whether the money remaining in the fund is sufficient to require public schools that serve any of grades 6 through 8 to comply with the requirements of the act. The act's requirements are repealed, effective June 30, 2026. For the 2022-23 state fiscal year, the act appropriates $2,648,019 from the general fund to the department to be used as follows: $673,286 for use by the drinking water program for personal services; $1,469,235 for use by the drinking water program for operating expenses; and $505,498 for the purchase of information technology services, which amount is reappropriated to the office of the governor for use by the office of information technology to provide information technology services for the department. For the 2022-23 state fiscal year, the act appropriates $21,000,000 from the general fund to the fund, which money is reappropriated to the department to pay operating expenses. (Note: This summary applies to this bill as enacted.)