Amendments for HB22-1358

House Journal, April 13
30 HB22-1358 be amended as follows, and as so amended, be referred to
31 the Committee on Appropriations with favorable
32 recommendation:
33
34 Amend printed bill, page 2, strike line 10 and substitute "SECTION
35 26-6-102 (5); EXCEPT THAT "CHILD CARE CENTER" DOES NOT INCLUDE:
36 (a) A SUMMER CAMP; OR
37 (b) A CHILDREN'S RESIDENT CAMP, AS DEFINED IN SECTION
38 26-6-102 (8).".
39
40 Page 5, line 27, strike "WITHIN" and substitute "EXCEPT AS DESCRIBED IN
41 SUBSECTION (3) OF THIS SECTION, WITHIN".
42
43 Page 6, after line 19 insert:
44
45 "(3) IF THE FAUCETS OF A FAMILY CHILD CARE HOME ARE
46 INCOMPATIBLE WITH A FAUCET-MOUNTED FILTRATION SYSTEM, THE
47 FAMILY CHILD CARE HOME MAY PROVIDE DRINKING WATER USING A
48 PITCHER THAT COMPLIES WITH NSF/ANSI STANDARD 53 FOR LEAD
49 REDUCTION AND NSF/ANSI STANDARD 42 FOR PARTICULATE REMOVAL
50 IN LIEU OF SATISFYING THE REQUIREMENT DESCRIBED IN SUBSECTION
51 (1)(a) OF THIS SECTION.".
52
53
1 Page 8, line 9, strike "ANNUALLY." and substitute "ANNUALLY, THE
2 TIMING OF WHICH TESTING THE DEPARTMENT SHALL DETERMINE IN
3 ACCORDANCE WITH THE "3 TS FOR REDUCING LEAD IN DRINKING WATER"
4 MANUAL OF THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY.".
5
6 Page 12, after line 19 insert:
7
8 "(c) ON OR BEFORE DECEMBER 1, 2023, AND ON OR BEFORE
9 DECEMBER 1 EACH YEAR THEREAFTER, EACH CHILDREN'S RESIDENT CAMP,
10 AS DEFINED IN SECTION 26-6-102 (8), SHALL REPORT TO THE DEPARTMENT
11 THE RESULTS OF THE CHILDREN'S RESIDENT CAMP'S TESTING OF ITS
12 DRINKING WATER. THE DEPARTMENT SHALL MAKE EACH SUCH REPORT
13 AVAILABLE ON THE DEPARTMENT'S PUBLIC WEBSITE.".
14
15

House Journal, May 3
52 HB22-1358 be amended as follows, and as so amended, be referred to
53 the Committee of the Whole with favorable
54 recommendation:
55
1 Strike the Public and Behavioral Health and Human Services Committee
2 Report, dated April 12, 2022, and substitute:
3
4 "Amend printed bill, strike everything below the enacting clause and
5 substitute:
6 "SECTION 1. In Colorado Revised Statutes, add part 9 to article
7 8 of title 25 as follows:
9 8 PART
9 TESTING OF DRINKING WATER IN SCHOOLS, CHILD CARE
10 CENTERS, AND FAMILY CHILD CARE HOMES
11 25-8-901. Definitions. AS USED IN THIS PART 9, UNLESS THE
12 CONTEXT OTHERWISE REQUIRES:
13 (1) "CHILD CARE CENTER" HAS THE MEANING SET FORTH IN
14 SECTION 26-6-102 (5); EXCEPT THAT "CHILD CARE CENTER" DOES NOT
15 INCLUDE:
16 (a) A SUMMER CAMP; OR
17 (b) A CHILDREN'S RESIDENT CAMP, AS DEFINED IN SECTION
18 26-6-102 (8).
19 (2) "DEPARTMENT" MEANS THE STATE DEPARTMENT OF PUBLIC
20 HEALTH AND ENVIRONMENT.
21 (3) "DRINKING WATER SOURCE" MEANS ANY POTABLE WATER
22 OUTLET OR FIXTURE THAT IS USED OR THAT MAY BE USED BY AN
23 INDIVIDUAL TO ACQUIRE WATER FOR DRINKING OR COOKING.
24 (4) "ELIGIBLE SCHOOL" MEANS A SCHOOL THAT SERVES ANY OF
25 GRADES PRESCHOOL THROUGH FIFTH GRADE.
26 (5) "FAMILY CHILD CARE HOME" HAS THE MEANING SET FORTH IN
27 SECTION 26-6-102 (13).
28 (6) "FILTERED BOTTLE-FILLING STATION" MEANS AN APPARATUS
29 THAT:
30 (a) IS CONNECTED TO BUILDING PLUMBING;
31 (b) FILTERS WATER;
32 (c) IS CERTIFIED TO MEET NSF/ANSI STANDARD 53 FOR LEAD
33 REDUCTION AND NSF/ANSI STANDARD 42 FOR PARTICULATE REMOVAL;
34 (d) HAS A LIGHT OR OTHER DEVICE TO INDICATE FILTER STATUS;
35 (e) IS DESIGNED TO FILL DRINKING BOTTLES OR OTHER
36 CONTAINERS USED FOR PERSONAL WATER CONSUMPTION; AND
37 (f) INCLUDES A FEATURE THAT ALLOWS A USER TO DRINK
38 DIRECTLY FROM A STREAM OF FLOWING WATER WITHOUT THE USE OF AN
39 ACCESSORY.
40 (7) "FILTERED FAUCET" MEANS A FAUCET THAT, AT THE POINT OF
41 USE, INCLUDES A FILTER THAT IS CERTIFIED TO MEET NSF/ANSI
42 STANDARD 53 FOR LEAD REDUCTION AND NSF/ANSI STANDARD 42 FOR
43 PARTICULATE REMOVAL;
44 (8) "FILTRATION SYSTEM" MEANS A FILTERED BOTTLE-FILLING
45 STATION OR FILTERED FAUCET.
46 (9) "FUND" MEANS THE SCHOOL AND CHILD CARE CLEAN DRINKING
47 WATER FUND CREATED IN SECTION 25-8-902.
48 (10) (a) "LEAD SERVICE LINE" MEANS:
49 (I) A WATER SERVICE LINE MADE OF LEAD; OR
50 (II) A LEAD PIGTAIL, LEAD GOOSENECK, OR OTHER LEAD FITTING
51 THAT IS CONNECTED TO A WATER SERVICE LINE.
52 (b) "LEAD SERVICE LINE" INCLUDES ANY GALVANIZED SERVICE
53 LINE THAT IS OR EVER WAS DOWNSTREAM OF ANY LEAD SERVICE LINE OR
54 ANY SERVICE LINE OF UNKNOWN MATERIAL.
55
1 (c) A LEAD SERVICE LINE MAY BE OWNED BY A WATER SYSTEM, A
2 PROPERTY OWNER, OR BOTH.
3 (11) "NSF/ANSI STANDARD 42" MEANS THE NSF
4 INTERNATIONAL/AMERICAN NATIONAL STANDARDS INSTITUTE
5 STANDARD 42-2020 FOR "DRINKING WATER TREATMENT UNITS, AESTHETIC
6 EFFECTS", AS AMENDED.
7 (12) "NSF/ANSI STANDARD 53" MEANS THE NSF
8 INTERNATIONAL/AMERICAN NATIONAL STANDARDS INSTITUTE
9 STANDARD 53-2020 FOR "DRINKING WATER TREATMENT UNITS, HEALTH
10 EFFECTS", AS AMENDED.
11 (13) "RELEVANT LANGUAGES" HAS THE MEANING SET FORTH IN
12 SECTION 25-7-141 (2)(o).
13 (14) "SCHOOL" MEANS:
14 (a) A SCHOOL OF A SCHOOL DISTRICT;
15 (b) A DISTRICT CHARTER SCHOOL, AS DEFINED IN SECTION
16 22-11-103 (12);
17 (c) AN INSTITUTE CHARTER SCHOOL, AS DEFINED IN SECTION
18 22-30.5-502 (6);
19 (d) AN APPROVED FACILITY SCHOOL, AS DEFINED IN SECTION
20 22-2-402 (1); OR
21 (e) A BOARD OF COOPERATIVE SERVICES, AS DEFINED IN SECTION
22 22-5-103 (2).
23 (15) "STATE-CERTIFIED LABORATORY" MEANS A LABORATORY
24 THAT IS CERTIFIED BY THE DEPARTMENT PURSUANT TO SECTION
25 25-1.5-203 (1)(d) FOR THE PURPOSE OF ENSURING COMPETENT TESTING OF
26 DRINKING WATER.
27 (16) "WATER QUALITY CONTROL COMMISSION" OR "COMMISSION"
28 MEANS THE WATER QUALITY CONTROL COMMISSION CREATED IN SECTION
29 25-8-201.
30 25-8-902. School and child care clean drinking water fund -
31 creation. (1) THE SCHOOL AND CHILD CARE CLEAN DRINKING WATER
32 FUND IS CREATED IN THE DEPARTMENT.
33 (2) THE FUND INCLUDES ANY MONEY THAT IS TRANSFERRED TO
34 THE FUND AND ANY MONEY THAT THE GENERAL ASSEMBLY MAY
35 APPROPRIATE TO THE FUND.
36 (3) MONEY IN THE FUND AT THE END OF EACH STATE FISCAL YEAR
37 REMAINS IN THE FUND AND DOES NOT REVERT TO THE GENERAL FUND;
38 EXCEPT THAT ANY MONEY REMAINING IN THE FUND ON JUNE 29, 2026,
39 REVERTS TO THE GENERAL FUND.
40 (4) THE DEPARTMENT IS THE ADMINISTRATOR OF THE FUND FOR
41 AUDITING PURPOSES.
42 (5) THE DEPARTMENT SHALL EXPEND MONEY FROM THE FUND
43 ONLY:
44 (a) TO HELP SCHOOLS, CHILD CARE CENTERS, AND FAMILY CHILD
45 CARE HOMES COMPLY WITH THIS PART 9; AND
46 (b) TO REIMBURSE ELIGIBLE SCHOOLS, CHILD CARE CENTERS, AND
47 FAMILY CHILD CARE HOMES AS NEEDED FOR COSTS ASSOCIATED WITH
48 COMPLYING WITH THIS PART 9, IN THE FOLLOWING ORDER OF PRIORITY:
49 (I) CHILD CARE CENTERS AND FAMILY CHILD CARE HOMES;
50 (II) ELIGIBLE SCHOOLS FOR WHICH TESTING RESULTS SHOW
51 RELATIVELY HIGH LEVELS OF LEAD; AND
52 (III) ELIGIBLE SCHOOLS THAT ARE RECEIVING MONEY PURSUANT
53 TO TITLE I OF THE FEDERAL "ELEMENTARY AND SECONDARY EDUCATION
54 ACT OF 1965", 20 U.S.C. SEC. 6301 ET SEQ., AS AMENDED.
55
1 (6) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
2 CONTRARY, THE DEPARTMENT SHALL NOT EXPEND MONEY FROM THE
3 FUND:
4 (a) TO REPLACE OR REPAIR ANY LEAD SERVICE LINE; OR
5 (b) TO REIMBURSE A CHILD CARE CENTER, FAMILY CHILD CARE
6 HOME, OR ELIGIBLE SCHOOL FOR COSTS ASSOCIATED WITH COMPLYING
7 WITH THIS PART 9 IF THE CHILD CARE CENTER, FAMILY CHILD CARE HOME,
8 OR ELIGIBLE SCHOOL HAS ALREADY RECEIVED MONEY FROM THE FUND TO
9 REIMBURSE THE CHILD CARE CENTER, FAMILY CHILD CARE HOME, OR
10 ELIGIBLE SCHOOL FOR A TEST OF EACH DRINKING WATER SOURCE, AS
11 DESCRIBED IN SECTION 25-8-903 (1), AND:
12 (I) NONE OF THE RESULTS OF SUCH TESTING SHOWED THE
13 PRESENCE OF LEAD IN AN AMOUNT OF AT LEAST FIVE PARTS PER BILLION;
14 OR
15 (II) IF THE RESULTS OF SUCH TESTING SHOWED THE PRESENCE OF
16 LEAD IN AN AMOUNT OF AT LEAST FIVE PARTS PER BILLION, THE CHILD
17 CARE CENTER, FAMILY CHILD CARE HOME, OR ELIGIBLE SCHOOL HAS ALSO
18 RECEIVED REIMBURSEMENT FOR:
19 (A) ANY REMEDIATION EFFORTS PERFORMED IN RESPONSE TO
20 SUCH TESTING; AND
21 (B) A CONFIRMATION TEST OF EACH DRINKING WATER SOURCE AT
22 THE CHILD CARE CENTER, FAMILY CHILD CARE HOME, OR ELIGIBLE
23 SCHOOL, AS DESCRIBED IN SECTION 25-8-903 (2)(c).
24 25-8-903. Testing for the presence of lead in drinking water in
25 child care centers, family child care homes, and eligible schools -
26 remediation - maintenance of records - training - inspections -
27 enforcement - reimbursement - technical assistance - exemptions -
28 opt out by family child care home - reports. (1) Testing. (a) ON OR
29 BEFORE MAY 31, 2023, EACH CHILD CARE CENTER, FAMILY CHILD CARE
30 HOME, AND ELIGIBLE SCHOOL SHALL TEST ITS DRINKING WATER SOURCES
31 BY HAVING A STATE-CERTIFIED LABORATORY MEASURE THE LEAD
32 CONTENT OF WATER DRAWN FROM EACH DRINKING WATER SOURCE. THE
33 TESTING MUST BE DONE IN ACCORDANCE WITH THE LATEST FEDERAL
34 GUIDANCE ON PROPER SAMPLING FOR TESTING FOR THE PRESENCE OF LEAD
35 IN DRINKING WATER, INCLUDING THE "LEAD AND COPPER RULE" OF THE
36 FEDERAL ENVIRONMENTAL PROTECTION AGENCY, 40 CFR 141 ET SEQ., AS
37 AMENDED.
38 (b) EXCEPT AS DESCRIBED IN SUBSECTION (2)(a)(V) OF THIS
39 SECTION, WITHIN THIRTY DAYS AFTER RECEIVING THE RESULTS OF A TEST
40 OF A DRINKING WATER SOURCE, A CHILD CARE CENTER, FAMILY CHILD
41 CARE HOME, OR ELIGIBLE SCHOOL SHALL:
42 (I) MAKE THE RESULTS, AS WELL AS ANY ASSOCIATED LEAD
43 REMEDIATION PLANS, PUBLICLY AVAILABLE ON THE CHILD CARE
44 CENTER'S, FAMILY CHILD CARE HOME'S, OR ELIGIBLE SCHOOL'S WEBSITE,
45 IF APPLICABLE; AND
46 (II) REPORT THE RESULTS TO THE WATER QUALITY CONTROL
47 COMMISSION USING A STANDARD FORM THAT THE COMMISSION
48 ESTABLISHES. THE COMMISSION SHALL POST THE RESULTS ON ITS PUBLIC
49 WEBSITE WITHIN THIRTY DAYS AFTER RECEIVING THEM.
50
1 (c) EACH CHILD CARE CENTER, FAMILY CHILD CARE HOME, AND
2 ELIGIBLE SCHOOL SHALL ESTABLISH A TESTING SCHEDULE FOR ITS
3 DRINKING WATER SOURCES, ANNUALLY PROVIDE THE SCHEDULE TO ITS
4 EMPLOYEES AND TO PARENTS AND GUARDIANS OF CHILDREN THAT
5 ATTEND THE CHILD CARE CENTER, FAMILY CHILD CARE HOME, OR ELIGIBLE
6 SCHOOL, AND MAKE THE SCHEDULE PUBLICLY AVAILABLE. ALL
7 COMMUNICATIONS TO EMPLOYEES, PARENTS, AND GUARDIANS MUST BE
8 PROVIDED IN RELEVANT LANGUAGES.
9 (d) THE DEPARTMENT SHALL DEVELOP AND MAKE AVAILABLE A
10 TEMPLATE FOR CHILD CARE CENTERS, FAMILY CHILD CARE HOMES, AND
11 ELIGIBLE SCHOOLS TO USE TO PROVIDE NOTIFICATIONS AND POST
12 INFORMATION ONLINE AS DESCRIBED IN THIS SECTION.
13 (2) Remediation. (a) IF THE RESULTS OF A TEST OF A DRINKING
14 WATER SOURCE SHOW THAT WATER FROM THE DRINKING WATER SOURCE
15 CONTAINS LEAD IN AN AMOUNT OF FIVE PARTS PER BILLION OR MORE, A
16 CHILD CARE CENTER, FAMILY CHILD CARE HOME, OR ELIGIBLE SCHOOL
17 SHALL:
18 (I) SHUT OFF THE DRINKING WATER SOURCE AS SOON AS
19 PRACTICABLY POSSIBLE;
20 (II) AFFIX A VISIBLE LABEL ON THE DRINKING WATER SOURCE,
21 WHICH LABEL INDICATES THAT THE DRINKING WATER SOURCE IS
22 UNDERGOING REMEDIATION FOR THE PRESENCE OF LEAD AND THAT WATER
23 FROM THE DRINKING WATER SOURCE SHOULD NOT BE CONSUMED;
24 (III) DETERMINE REMEDIATION STEPS WITHIN THIRTY DAYS AFTER
25 RECEIVING THE TEST RESULTS, WHICH REMEDIATION STEPS MUST BE
26 DEMONSTRATED TO REDUCE LEAD TO BELOW FIVE PARTS PER BILLION AND
27 MAY INCLUDE INSTALLATION OR REPLACEMENT OF A FILTRATION SYSTEM;
28 (IV) COMPLETE ALL NECESSARY REMEDIATION STEPS AS SOON AS
29 POSSIBLE BUT NO LATER THAN NINETY DAYS AFTER RECEIVING THE TEST
30 RESULTS; AND
31 (V) PROVIDE NOTICE OF THE TEST RESULTS TO ALL EMPLOYEES,
32 PARENTS, AND GUARDIANS WITHIN TWO BUSINESS DAYS AFTER RECEIVING
33 THE RESULTS, WHICH NOTICE MUST BE PROVIDED IN RELEVANT
34 LANGUAGES AND INCLUDE A SUMMARY OF THE TEST RESULTS AND
35 INFORMATION CONCERNING THE AVAILABILITY OF THE COMPLETE TEST
36 RESULTS, A DESCRIPTION OF ANY REMEDIATION STEPS THAT WILL BE
37 TAKEN, GENERAL INFORMATION CONCERNING THE HEALTH EFFECTS AND
38 RISKS POSED BY LEAD IN DRINKING WATER AND OTHER SOURCES, AND
39 INFORMATION REGARDING THE AVAILABILITY OF ADDITIONAL RESOURCES
40 CONCERNING LEAD IN DRINKING WATER, INCLUDING HOW AND WHERE
41 INDIVIDUALS MAY SEEK BLOOD-LEVEL TESTING IF THEY ARE CONCERNED.
42 (b) WHILE A CHILD CARE CENTER, FAMILY CHILD CARE HOME, OR
43 ELIGIBLE SCHOOL IS IN THE PROCESS OF REMEDIATING A DRINKING WATER
44 SOURCE, THE CHILD CARE CENTER, FAMILY CHILD CARE HOME, OR
45 ELIGIBLE SCHOOL SHALL ENSURE THAT:
46 (I) NO ONE USES THE DRINKING WATER SOURCE TO ACQUIRE
47 WATER FOR DRINKING OR COOKING; AND
48 (II) ADEQUATE DRINKING WATER REMAINS AVAILABLE TO
49 CHILDREN, EMPLOYEES, AND OTHER INDIVIDUALS WHO ARE PRESENT IN
50 THE CHILD CARE CENTER, FAMILY CHILD CARE HOME, OR ELIGIBLE
51 SCHOOL.
52 (c) WITHIN NINETY DAYS AFTER A CHILD CARE CENTER, FAMILY
53 CHILD CARE HOME, OR ELIGIBLE SCHOOL SUCCESSFULLY REMEDIATES A
54 DRINKING WATER SOURCE, THE CHILD CARE CENTER, FAMILY CHILD CARE
55 HOME, OR ELIGIBLE SCHOOL SHALL PERFORM A CONFIRMATION TEST OF
1 THE DRINKING WATER SOURCE FOR THE PRESENCE OF LEAD.
2 (d) THE DEPARTMENT MAY CONDUCT FURTHER REMEDIATION AS
3 NECESSARY TO ADDRESS A DRINKING WATER SOURCE AT A CHILD CARE
4 CENTER, FAMILY CHILD CARE HOME, OR ELIGIBLE SCHOOL.
5 (3) Maintenance of records. EACH CHILD CARE CENTER, FAMILY
6 CHILD CARE HOME, AND ELIGIBLE SCHOOL SHALL CREATE AND MAINTAIN,
7 FOR AT LEAST FIVE YEARS, RECORDS OF ITS FILTER REPLACEMENT
8 ACTIVITIES, INCLUDING WHEN A FILTER IS REMOVED AND WHEN A NEW
9 FILTER IS INSTALLED, AND ANY REMEDIATION EFFORTS, INCLUDING
10 FAUCET REPLACEMENTS. EACH CHILD CARE CENTER, FAMILY CHILD CARE
11 HOME, AND ELIGIBLE SCHOOL SHALL PROVIDE COPIES OF SUCH RECORDS
12 TO THE DEPARTMENT AND ANY MEMBER OF THE PUBLIC UPON REQUEST.
13 (4) Training. NOT LATER THAN ONE HUNDRED EIGHTY DAYS
14 AFTER THE EFFECTIVE DATE OF THIS PART 9, THE DEPARTMENT SHALL
15 PROVIDE TRAINING TO EACH CHILD CARE CENTER, FAMILY CHILD CARE
16 HOME, AND ELIGIBLE SCHOOL REGARDING WATER FILTER MAINTENANCE,
17 FLUSHING PROTOCOLS, TESTING FOR LEAD, REPORTING PROCESSES FOR
18 SAMPLING REPORTS, AND OTHER ACTIVITIES RELEVANT TO COMPLIANCE
19 WITH THIS PART 9. TRAINING MAY TAKE PLACE IN PERSON OR VIRTUALLY
20 AND MUST INCLUDE THE INDIVIDUALS WHO WILL TAKE WATER SAMPLES
21 AT THE CHILD CARE CENTER, FAMILY CHILD CARE HOME, OR ELIGIBLE
22 SCHOOL FOR THE PURPOSES OF THIS PART 9. THE DEPARTMENT SHALL
23 PROVIDE THE TRAINING IN RELEVANT LANGUAGES.
24 (5) Inspections. THE DEPARTMENT IS NOT REQUIRED TO PERFORM
25 INSPECTIONS PURSUANT TO THIS PART 9.
26 (6) Enforcement. THE WATER QUALITY CONTROL COMMISSION
27 MAY ENFORCE THIS PART 9 BY ISSUING ADMINISTRATIVE ORDERS AND
28 ASSESSING PENALTIES BUT IS NOT REQUIRED TO DO SO.
29 (7) Reimbursement. THE DEPARTMENT SHALL DEVELOP AND
30 IMPLEMENT PROCEDURES:
31 (a) WHEREBY CHILD CARE CENTERS, FAMILY CHILD CARE HOMES,
32 AND ELIGIBLE SCHOOLS CAN SATISFACTORILY DEMONSTRATE COSTS
33 INCURRED FOR THE PURPOSE OF COMPLYING WITH THIS SECTION AND
34 APPLY TO THE DEPARTMENT FOR REIMBURSEMENT OF SUCH COSTS; AND
35 (b) WHEREBY THE DEPARTMENT, EXCEPT AS DESCRIBED IN
36 SECTION 25-8-902 (6), REIMBURSES CHILD CARE CENTERS, FAMILY CHILD
37 CARE HOMES, AND ELIGIBLE SCHOOLS FOR COSTS INCURRED FOR THE
38 PURPOSE OF COMPLYING WITH THIS SECTION.
39 (8) Technical assistance. THE DEPARTMENT SHALL PROVIDE
40 TECHNICAL ASSISTANCE AS NEEDED TO CHILD CARE CENTERS, FAMILY
41 CHILD CARE HOMES, AND ELIGIBLE SCHOOLS IN RURAL AREAS TO HELP
42 SUCH FACILITIES COMPLY WITH THE REQUIREMENTS OF THIS SECTION.
43 (9) Exemptions. NOT WITHSTANDING ANY PROVISION OF THIS
44 SECTION TO THE CONTRARY:
45 (a) A FAMILY CHILD CARE HOME ESTABLISHED BEFORE MARCH 31,
46 2023, MAY OPT OUT OF THE DUTY TO COMPLY WITH THIS SECTION SO LONG
47 AS THE AUTHORIZED REPRESENTATIVE OF THE FAMILY CHILD CARE HOME
48 PROVIDES WRITTEN NOTICE OF SUCH DECISION TO THE DEPARTMENT ON OR
49 BEFORE MARCH 31, 2023. A FAMILY CHILD CARE HOME ESTABLISHED ON
50 OR AFTER MARCH 31, 2023, MAY OPT OUT OF THE DUTY TO COMPLY WITH
51 THIS SECTION SO LONG AS THE AUTHORIZED REPRESENTATIVE OF THE
52 FAMILY CHILD CARE HOME PROVIDES WRITTEN NOTICE OF SUCH DECISION
53 TO THE DEPARTMENT WITHIN SIX MONTHS AFTER THE DATE UPON WHICH
54 THE FAMILY CHILD CARE HOME IS ESTABLISHED.
55
1 (b) A CHILD CARE CENTER OR ELIGIBLE SCHOOL IS NOT REQUIRED
2 TO SATISFY THE REQUIREMENTS OF THIS SECTION IF THE CHILD CARE
3 CENTER OR ELIGIBLE SCHOOL IS CLASSIFIED AS A PUBLIC WATER SYSTEM
4 UNDER THE "LEAD AND COPPER RULE" OF THE FEDERAL ENVIRONMENTAL
5 PROTECTION AGENCY, 40 CFR 141 ET SEQ., AS AMENDED, AND THE CHILD
6 CARE CENTER OR ELIGIBLE SCHOOL IS IN COMPLIANCE WITH THE
7 REQUIREMENTS OF THE FEDERAL RULE. HOWEVER, A CHILD CARE CENTER
8 OR ELIGIBLE SCHOOL THAT UTILIZES THE EXEMPTION DESCRIBED IN THIS
9 SUBSECTION (9)(b) SHALL, IN LIEU OF SATISFYING THE REPORTING
10 REQUIREMENT DESCRIBED IN SUBSECTION (1)(b)(II) OF THIS SECTION,
11 REPORT ANNUALLY TO THE WATER QUALITY CONTROL COMMISSION THE
12 RESULTS OF THE CHILD CARE CENTER'S OR ELIGIBLE SCHOOL'S TESTING OF
13 ITS DRINKING WATER SOURCES PURSUANT TO THE FEDERAL RULE.
14 (10) Reports. (a) ON OR BEFORE DECEMBER 1, 2023, AND ON OR
15 BEFORE EACH DECEMBER 1 THEREAFTER, THE WATER QUALITY CONTROL
16 COMMISSION SHALL SUBMIT A REPORT TO THE PUBLIC AND BEHAVIORAL
17 HEALTH AND HUMAN SERVICES COMMITTEE OF THE HOUSE OF
18 REPRESENTATIVES AND THE HEALTH AND HUMAN SERVICES COMMITTEE
19 OF THE SENATE, OR TO ANY SUCCESSOR COMMITTEES, WHICH REPORT:
20 (I) SUMMARIZES THE RESULTS OF THE TESTS PERFORMED BY CHILD
21 CARE CENTERS, FAMILY CHILD CARE HOMES, AND ELIGIBLE SCHOOLS
22 PURSUANT TO THIS SECTION; AND
23 (II) IDENTIFIES ANY NONCOMPLIANT CHILD CARE CENTERS,
24 FAMILY CHILD CARE HOMES, AND ELIGIBLE SCHOOLS.
25 (b) THE WATER QUALITY CONTROL COMMISSION SHALL PRESENT
26 TESTIMONY CONCERNING THE REPORT DESCRIBED IN SUBSECTION (10)(a)
27 OF THIS SECTION TO THE PUBLIC AND BEHAVIORAL HEALTH AND HUMAN
28 SERVICES COMMITTEE OF THE HOUSE OF REPRESENTATIVES, OR ANY
29 SUCCESSOR COMMITTEE, AT THE COMMITTEE'S REQUEST.
136 30 (c) NOTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-
31 (11)(a)(I), THE REQUIREMENT TO SUBMIT THE REPORT DESCRIBED IN
32 SUBSECTION (10)(a) OF THIS SECTION CONTINUES INDEFINITELY.
33 25-8-904. Report and recommendation regarding expansion
34 required - legislative declaration. (1) IT IS THE GENERAL ASSEMBLY'S
35 INTENT THAT, SUBJECT TO THE AVAILABILITY OF FUTURE
9 36 APPROPRIATIONS, THE REQUIREMENTS DESCRIBED IN THIS PART
37 CONCERNING THE TESTING AND REMEDIATION OF DRINKING WATER
38 SOURCES IN ELIGIBLE SCHOOLS SHOULD BE EXPANDED TO APPLY TO
39 SCHOOLS OTHER THAN THOSE SCHOOLS THAT ARE ELIGIBLE SCHOOLS, AND
40 SUCH SCHOOLS SHOULD ALSO BE MADE ELIGIBLE TO RECEIVE
41 REIMBURSEMENT FOR COSTS INCURRED IN COMPLYING WITH SUCH
42 REQUIREMENTS. TO THIS END, THE DEPARTMENT IS REQUIRED TO ADVISE
43 THE GENERAL ASSEMBLY IN THE FORM OF THE REPORT DESCRIBED IN
44 SUBSECTION (2) OF THIS SECTION.
45 (2) ON OR BEFORE JANUARY 1, 2026, THE DEPARTMENT SHALL
46 REPORT TO THE PUBLIC AND BEHAVIORAL HEALTH AND HUMAN SERVICES
47 COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE HEALTH AND
48 HUMAN SERVICES COMMITTEE OF THE SENATE, OR TO ANY SUCCESSOR
49 COMMITTEES, CONCERNING THE DEPARTMENT'S ACTIVITIES UNDER THIS
50 PART 9. SPECIFICALLY, THE DEPARTMENT SHALL INCLUDE IN THE REPORT:
51 (a) THE REMAINING BALANCE IN THE FUND AS OF THE DATE OF THE
52 REPORT;
53 (b) AN ESTIMATE OF THE COST OF APPLYING THE REQUIREMENTS
54 OF THIS PART 9 TO, AND MAKING ELIGIBLE FOR REIMBURSEMENT FROM
55 THE FUND FOR COSTS INCURRED IN COMPLYING WITH SUCH
56 REQUIREMENTS, SCHOOLS THAT SERVE ANY OF GRADES SIX THROUGH
57 EIGHT AND THAT ARE NOT ELIGIBLE SCHOOLS; AND
1 (c) AN ESTIMATE OF THE COST OF APPLYING THE REQUIREMENTS
2 OF THIS PART 9 TO, AND MAKING ELIGIBLE FOR REIMBURSEMENT FROM
3 THE FUND FOR COSTS INCURRED IN COMPLYING WITH SUCH
4 REQUIREMENTS, SCHOOLS THAT SERVE ANY OF GRADES NINE THROUGH
5 TWELVE AND THAT ARE NOT ELIGIBLE SCHOOLS.
6 25-8-905. Repeal of part. THIS PART 9 IS REPEALED, EFFECTIVE
7 JUNE 30, 2026.
8 SECTION 2. In Colorado Revised Statutes, add 22-32-150 as
9 follows:
10 22-32-150. Testing for the presence of lead in drinking water
11 in eligible schools - compliance with public health requirements -
12 repeal. (1) EACH ELIGIBLE SCHOOL, AS DEFINED IN SECTION 25-8-901 (4),
13 AND EACH CHARTER SCHOOL OF A SCHOOL DISTRICT THAT IS AN ELIGIBLE
14 SCHOOL SHALL COMPLY WITH THE REQUIREMENTS OF PART 9 OF ARTICLE
15 8 OF TITLE 25 CONCERNING TESTING OF WATER IN CHILD CARE CENTERS,
16 FAMILY CHILD CARE HOMES, AND ELIGIBLE SCHOOLS.
17 (2) THIS SECTION IS REPEALED, EFFECTIVE JUNE 30, 2026.
18 SECTION 3. In Colorado Revised Statutes, add 22-30.5-529 as
19 follows:
20 22-30.5-529. Testing for the presence of lead in drinking water
21 in eligible schools - compliance with public health requirements -
22 repeal. (1) EACH INSTITUTE CHARTER SCHOOL THAT IS AN ELIGIBLE
23 SCHOOL, AS DEFINED IN SECTION 25-8-901 (4), SHALL COMPLY WITH THE
24 REQUIREMENTS OF PART 9 OF ARTICLE 8 OF TITLE 25 CONCERNING TESTING
25 OF WATER IN CHILD CARE CENTERS, FAMILY CHILD CARE HOMES, AND
26 ELIGIBLE SCHOOLS.
27 (2) THIS SECTION IS REPEALED, EFFECTIVE JUNE 30, 2026.
28 SECTION 4. In Colorado Revised Statutes, add 26-6-123 as
29 follows:
30 26-6-123. Testing for the presence of lead in drinking water in
31 child care centers and family child care homes - compliance with
32 public health requirements - repeal. (1) EACH CHILD CARE CENTER
33 AND, UNLESS IT HAS OPTED OUT PURSUANT TO SECTION 25-8-903 (1)(a),
34 EACH FAMILY CHILD CARE HOME SHALL COMPLY WITH THE
35 REQUIREMENTS OF PART 9 OF ARTICLE 8 OF TITLE 25 CONCERNING TESTING
36 OF WATER IN CHILD CARE CENTERS, FAMILY CHILD CARE HOMES, AND
37 ELIGIBLE SCHOOLS.
38 (2) THIS SECTION IS REPEALED, EFFECTIVE JUNE 30, 2026.
39 SECTION 5. Appropriation. (1) For the 2022-23 state fiscal
40 year, $2,648,019 is appropriated to the department of public health and
41 environment. This appropriation is from the general fund. To implement
42 this act, the department may use this appropriation as follows:
43 (a) $673,286 for use by the drinking water program for personal
44 services, which amount is based on an assumption that the program will
45 require an additional 8.4 FTE;
46 (b) $1,469,235 for use by the drinking water program for
47 operating expenses; and
48 (c) $505,498 for the purchase of information technology services.
49 (2) For the 2022-23 state fiscal year, $505,498 is appropriated to
50 the office of the governor for use by the office of information technology.
51 This appropriation is from reappropriated funds received from the
52 department of public health and environment under subsection (1)(c) of
53 this section. To implement this act, the office may use this appropriation
54 to provide information technology services for the department of public
55 health and environment.
1 SECTION 6. Appropriation. (1) For the 2022-23 state fiscal
2 year, $18,000,000 is appropriated to the school and child care clean
3 drinking water cash fund created in section 25-8-902, C.R.S. This
4 appropriation is from the general fund. The department of public health
5 and environment is responsible for the accounting related to this
6 appropriation.
7 (2) For the 2022-23 state fiscal year, $18,000,000 is appropriated
8 to the department of public health and environment for use by the
9 drinking water program. This appropriation is from reappropriated funds
10 in the school and child care clean drinking water cash fund under
11 subsection (1) of this section. To implement this act, the program may use
12 the appropriation for operating expenses.
13 SECTION 7. Act subject to petition - effective date. This act
14 takes effect at 12:01 a.m. on the day following the expiration of the
15 ninety-day period after final adjournment of the general assembly; except
16 that, if a referendum petition is filed pursuant to section 1 (3) of article V
17 of the state constitution against this act or an item, section, or part of this
18 act within such period, then the act, item, section, or part will not take
19 effect unless approved by the people at the general election to be held in
20 November 2022 and, in such case, will take effect on the date of the
21 official declaration of the vote thereon by the governor.".
22
23 Page 1 of the bill, line 103, strike "PRESENT." and substitute "PRESENT,
24 AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".".
25
26

House Journal, May 3
44 Amendment No. 1, Appropriations Report, dated May 3, 2022, and
45 placed in member’s bill file; Report also printed in House Journal, May 3,
46 2022.
47
48 Amendment No. 2, Public & Behavioral Health & Human Services
49 Report, dated April 12, 2022, and placed in member’s bill file; Report
50 also printed in House Journal, April 13, 2022.
51
52 Amendment No. 3, by Representative Sirota:
53
54 Amend the Appropriations Committee Report, dated May 3, 2022, page
55 5, line 3, strike "ANNUALLY".
1 As amended, ordered engrossed and placed on the Calendar for Third
2 Reading and Final Passage.
3