2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 4 - Safe Drinking Water Act › Section 115 - Drinking water quality in schools and child care centers.

Affected by 63I-1-219 on 7/1/2027
Effective 5/3/2023
19-4-115.
Drinking water quality in schools and child care centers.
(1) As used in this section:
(a) "Action level" means a lead concentration equal to five parts per billion.
(b) "Certified laboratory" means a laboratory certified by the Department of Health and Human Services that analyzes drinking water for lead.
(c) "Child care center" means:
(i) a center based child care, as defined in Section 26B-2-401; or
(ii) an exempt provider, as defined in Section 26B-2-401.
(d) "Consumable tap" means a sink or fountain used for consumption of water or food preparation.
(e) "School" means a public or private:
(i) elementary school or secondary school;
(ii) preschool; or
(iii) kindergarten.
(2)
(a) A school shall, and a child care center may test the school's or child care center's consumable taps for lead by no later than December 31, 2023.
(b) In conducting a test under this Subsection (2), a school or child care center shall:
(i) comply with current state testing guidelines for reducing lead in drinking water in schools and child care centers; and
(ii) submit a sample to a certified laboratory that has entered into a memorandum of understanding with the division as described in Subsection (3).
(c) Notwithstanding Subsection (2)(a), if a school or child care center has conducted a test for lead in drinking water in a consumable tap of the school or child care center on or after January 1, 2016, but before May 4, 2022, the school or child care center:
(i) is not required to conduct a test under Subsection (2)(a) on the previously sampled consumable tap;
(ii) if the test described in this Subsection (2)(c) finds a lead level for a consumable tap equals or exceeds the action level, shall take steps to stop the use of the consumable tap or to reduce the lead level below the action level as described in Subsection (5); and
(iii) by no later than the end of the time period established under Subsection (4)(c), shall report to the division:
(A) the findings of the test described in this Subsection (2)(c); and
(B) any steps taken under Subsection (2)(c)(ii).
(3)
(a) The division shall enter into a memorandum of understanding with one or more certified laboratories under which the division pays the costs of testing a sample submitted by a school or child care center in accordance with Subsection (2).
(b) Subject to appropriations, the division shall pay the costs of testing in the order that a sample is submitted to the certified laboratory.
(c) A certified laboratory shall report test results for a sample submitted in accordance with Subsection (2) to:
(i) the school or child care center that submitted the sample; and
(ii) the division.
(4)
(a) If after paying the costs of testing under Subsection (3) there remains money appropriated under this section, the division may issue grants to schools and child care centers for costs associated with taking action under Subsection (5).
(b) The board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(i) to establish a procedure for a school or child care center applying for a grant under Subsection (4)(a); and
(ii) for what constitutes steps to reduce the lead level below the action level as described in Subsection (5).
(c) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish the time period to take steps to reduce the lead level below the action level as described in Subsection (5).
(5) If a test result of a consumable tap under Subsection (2) results in a lead level that equals or exceeds the action level, the school or child care center shall:
(a) within the time period established under Subsection (4)(c) take steps to stop the use of the consumable tap or to reduce the lead level below the action level; and
(b) report the steps taken under Subsection (5)(a) to the division within 30 days after taking the steps.
(6) After the time period established under Subsection (4)(c) has ended, the division shall post on a public website for at least five years from the day on which the division receives the information:
(a) the test results for a test taken under Subsection (2); and
(b) the steps taken as required under Subsection (5).
Amended by Chapter 327, 2023 General Session