Safe Drinking Water in Child Care Centers & Schools

0 HOUSE BILL 26-1391

BY REPRESENTATIVE(S) Brown and Sirota, Taggart, Bacon, Boesenecker, Camacho, Carter, Clifford, Duran, English, Espenoza, Gilchrist, Hamrick, Joseph, Lieder, Lindsay, Marshall, Martinez, Nguyen, Ricks, Smith, Stewart K., Story, Titone, Valdez, Velasco, Willford, Zokaie; also SENATOR(S) Amabile and Kirkmeyer, Bridges, Benavidez, Cutter, Danielson, Exum, Gonzales J., Hinrichsen, Jodeh, Kipp, Kolker, Marchman, Wallace, Weissman, Coleman.

CONCERNING CLEAN DRINKING WATER IN PLACES WHERE CHILDREN ARE PRESENT, AND, IN CONNECTION THEREWITH, EXTENDING THE SCHOOL AND CHILD CARE CLEAN DRINKING WATER FUND THROUGH THE

2028-29 STATE FISCAL YEAR, ADDING HIGH SCHOOLS TO THE SCOPE OF POTENTIAL RECIPIENTS OF GRANTS FROM THE SCHOOL AND CHILD CARE CLEAN DRINKING WATER FUND, PROHIBITING THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FROM ISSUING A LICENSE TO A CHILD CARE CENTER UNLESS THE CHILD CARE CENTER IS IN COMPLIANCE WITH LAWS CONCERNING THE TESTING OF DRINKING WATER, AND MAKING AN APPROPRIATION.

Be it enacted by the General Assembly ofthe State of Colorado: SECTION 1. In Colorado Revised Statutes, 25-8-901, amend (4)

Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from existing law and such material is not part of the act.

as follows:

25-8-901. Definitions. As used in this part 9, unless the context otherwise requires: (4) "Eligible school" means a school that serves any of grades preschool through eighth TWELFTH grade.

SECTION 2. In Colorado Revised Statutes, 25-8-902, amend (3) and (5)(b)(IV) as follows: 25-8-902. School and child care clean drinking water fund creation. (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 JUNE 29, 2029, reverts to the general fund. (5) The department shall expend money from the fund only: (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: (IV) On and after June 1, 2023, subject to available appropriations, eligible schools that serve students in sixth, seventh, or eighth grade GRADES SIX THROUGH TWELVE.

SECTION 3. In Colorado Revised Statutes, 25-8-903, amend ( 1)( a) and (4); and repeal (7)(b) as follows: 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 (l)(a)(II) SUBSECTIONS (l)(a)(II) AND (l)(a)(III) 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 oflead 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 desctibed 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 (l)(a)(I) of this section on or before November 30, 2024. (Ill) SUBJECT TO AVAILABLE APPROPRIATIONS, AN ELIGIBLE SCHOOL THAT SERVES STUDENTS IN NINTH, TENTH, ELEVENTH, OR TWELFTH GRADE SHALL SATISFY THE REQUIREMENT DESCRIBED IN SUBSECTION (l)(a)(I) OF THIS SECTION ON OR BEFORE MAY 31, 2027. (4) Training. (a) EXCEPT AS DESCRIBED IN SUBSECTION (4)(b) OF THIS SECTION, 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. (b) NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (4)(b), THE DEPARTMENT SHALL PROVIDE THE TRAINING DESCRIBED IN SUBSECTION (4)(a) OF THIS SECTION TO EACH ELIGIBLE SCHOOL THAT SERVES STUDENTS IN NINTH, TENTH, ELEVENTH, OR TWELFTH GRADE. (7) Reimbursement.

(b) Notwithstanding subsection (7)(a) of this section, the department shall not I cimbur se an eligible school that scr vcs students in sixth, scv cnth, or eighth grade until June 1, 2023, for costs incuncd for the pmposc of complying with this section.

SECTION 4. In Colorado Revised Statutes, repeal 25-8-904 as follows: 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 futmc appropriations, the requirements described in this part 9 concerning the testing and remediation of drinking water somccs 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 I ecci vc r cimbur semcnt for costs incun cd 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 Fcbmary 28, 2024, the department shall report to the public and bcha vior al health and human scr vices committee of the house of I cpr cscntati vcs and the health and human scr vices committee of the senate, 01 to any successor committees, conccr ning the department's acti vitics 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 I cport. Ifthc department deter mines that sufficient money remains in the fund, then eligible schools that scr vc any of grades six through eight shall comply with the testing requirement described in section 25-8-903 (l)(a)(I) on or before November 30, 2024. The department shall post notice of its determination on its public website as soon as practicable.

SECTION 5. In Colorado Revised Statutes, amend 25-8-905 as follows: 25-8-905. Repeal of part. This part 9 is repealed, effectivt: June 30, 2026 JUNE 30, 2029.

SECTION 6. In Colorado Revised Statutes, 22-30.5-530, amend (2) as follows: 22-30.5-530. Testing for the presence of lead in drinking water in eligible schools - compliance with public health requirements repeal.

(2) This section is repealed, effective June 30, 2026 JUNE 30, 2029. SECTION 7. In Colorado Revised Statutes, 22-32-151, amend (2) as follows: 22-32-151. Testing for the presence oflead in drinking water in eligible schools - compliance with public health requirements - repeal.

(2) This section is repealed, effective June 30, 2026 JUNE 30, 2029. SECTION 8. In Colorado Revised Statutes, 26.5-5-329, amend (2) as follows: 26.5-5-329. Testing for the presence oflead in drinking water in child care centers and family child care homes - compliance with public health requirements - repeal.

(2) This section is repealed, effective June 30, 2026 JUNE 30, 2029. SECTION 9. In Colorado Revised Statutes, 26.5-5-309, add (8) as follows: 26.5-5-309. Licenses - rules - definition - appropriation - repeal.

(8) ON OR BEFORE JULY 1, 2027, THE DEPARTMENT SHALL ADOPT RULES ESTABLISHING HOW A CHILD CARE CENTER SHALL DEMONSTRATE COMPLIANCE WITH THE REQUIREMENTS CONCERNING THE TESTING FOR THE PRESENCE OF LEAD IN DRINKING WATER DESCRIBED IN PART 9 OF ARTICLE 8 OF TITLE 25. SECTION 10. Appropriation. For the 2026-27 state fiscal year, $8,700,000 is appropriated to the department of public health and environment for use by the water quality control division. This

appropriation is from the school and child care clean drinking water fund created in section 25-8-902 (1), C.R.S., and is based on an assumption that the division will require an additional 7.0 FTE. To implement this act, the division may use this appropriation for school and child care clean drinking water program costs. Any money appropriated in this section not expended prior to July 1, 2027, is further appropriated to the department through the 2028-29 state fiscal year for the same purpose.

SECTION 11. Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate

preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.

Julie McCluskie SPEAKER OF THE HOUSE OF REPRESENTATIVES

James Rashad Coleman, Sr. PRESIDENT OF THE SENATE

Vanessa Reilly CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES

Esther van Mourik SECRETARY OF THE SENATE

APPROVED on Thursday May 28th 2026 at 12:00pm (Date and Time)

Jared S. Polis GOVERNOR OF THE STATE OF COLORADO