FirstHB1306_S_APP.002 RegularNOT SessionAMENDED Seventy-firstSENATE GeneralCOMMITTEE Assembly STATE OF COLORADOREFERENCE REENGROSSEDREPORT This_______________________________ VersionMay Includes5, All2017 AmendmentsChairman Adoptedof inCommittee theDate HouseCommittee ofon IntroductionAppropriations. LLS NO.

17-0670.01After Thomasconsideration Morrison x4218the HOUSEmerits, BILLthe 17-1306Committee HOUSErecommends SPONSORSHIPthe McLachlanfollowing: and Exum, SENATE SPONSORSHIP Coram, House Committees Senate Committees Education Appropriations A BILL FOR AN ACT C ONCERNING THE FINANCING OF TESTING FOR LEAD IN PUBLIC SCHOOLS 'DRINKINGWATER ,AND ,INCONNECTIONTHEREWITH , MAKING AN APPROPRIATION .

BillHB17-1306 Summarybe dreferred (Note:to the Committee of the Whole with favorable recommendation.

This** summary*** applies** to*** this** bill*HB1306_S_APP.002* as introduced and does d notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill e 7 E a 0 passes third reading in the house of introduction, a bill summary that S U , applies to the reengrossed version of this bill will be available at O i l H a p http://leg.colorado.gov.) R A r The bill directs the department of public health and environment (department) to establish a grant program to test for lead in public schools' drinking water.

The department will give the highest priority to n the oldest public elementary schools, then the oldest public schools that d 1 are not elementary schools, and then all other public schools.

The E e 2 U d 5 O 2 i Shading denotes HOUSE amendment.

Double underlining denotes SENATE amendment.

H d p Capital letters indicate new material to be added to existing statute.

d A Dashes through the words indicate deletions from existing statute.

e m A departmentmayalsoconsiderabilitytopayinadministeringtheprogram.

The department is directed to use its best efforts to complete all testing and analysis by June 30, 2020.

The public school must provide at least 10% local matching funds and give the test results to its local public healthagency,itssupplierof water,itsschoolboard,andthedepartment.

The department may use up to $300,000 per year for 3 years for grants beginning on or after July 1, 2017, from the water quality improvement fund if there is money available after fully funding existing programs.

The department shall provide 4 annual reports to the general assembly regardingimplementationofthegrantprogram,includinganylegislative proposals that may be warranted.

The bill appropriates $440,000 and 1.0 FTE to the department of public health and environment for the implementation of the act.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.

Short title.

The short title of this act is the "Safe Water in Schools Act".

SECTION 2.

In Colorado Revised Statutes, 25-1.5-203, add (1)(f) as follows:

25-1.5-203.

Water - powers and duties of department - rules - repeal.

(1) The department has, in addition to all other powers and duties imposed upon it by law, the powers and duties provided in this section as follows:

(f) Publicschoolleadtestinggrantprogram.(I) T OESTABLISH A GRANT PROGRAM TO PAY FOR TESTING TO DETECT THE PRESENCE AND CONCENTRATION OF LEAD IN DRINKING WATER IN A PUBLIC SCHOOL , AS THAT TERM IS DEFINED IN SECTION 22-1-101 (1),THAT RECEIVES ITS DRINKING WATER FROM A PUBLIC WATER SYSTEM ;

EXCEPT THAT ,FOR PURPOSES OF THIS SECTION , "PUBLIC SCHOOL " INCLUDES :

A PUBLIC SCHOOL DISTRICT ;A CHARTER SCHOOL , AS THAT TERM IS DEFINED IN SECTION22-30.5-103(2),INCLUDINGANINSTITUTECHARTERSCHOOL ,AS THAT TERM IS DEFINED IN SECTION 22-30.5-502 (6);AND A BOARD OF -2- 1306 COOPERATIVE SERVICES,AS THAT TERM IS DEFINED IN SECT22-5-103 (2).

THE DEPARTMENT MAY SPECIFY TESTING PROTOCOLS AND GUIDELINES;MAY PROVIDE TECHNICAL ASSISTANCE,AS NECESSARY AND FEASIBLE,TOAPPLICANTSANDGRANTRECIPIENTSREGARDINGTHEGRANT APPLICATION, SAMPLING GUIDANCE , SAMPLING PLAN REVIEW , AND COMMUNICATIONGUIDANCE ;ANDSHALLREQUIREAGRANTRECIPIENTTO CONTRIBUTEATLEASTTENPERCENTOFTHEGRANTAMOUNTTOWARDTHE COST OFTESTINGTHERECIPIENT SWATERSUPPLY .THE COMMISSIONMAY ADOPT RULES TO IMPLEMENT THE GRANT PROGRAM ,WHICH RULES MAY INCLUDE CONSIDERATION OF A PUBLIC SCHOOL'S ABILITY TO PAY FOR TESTING IN ADMINISTERING THE PROGRA.

(II) N ADMINISTERING THE PROGRAM,THE DEPARTMENT SHALL PRIORITIZE GRANT RECIPIENTS IN THE FOLLOWING ORDE:

HE OLDEST PUBLIC ELEMENTARY SCHOOLS ;THE OLDEST PUBLIC SCHOOLS THAT ARE NOT ELEMENTARY SCHOOLS ;

AND ALL OTHER PUBLIC SCHOOLS .

FOR PURPOSES OF THIS SUBSECTION (1)(f)(IIAN "ELEMENTARY SCHOOL " MEANSAPUBLICSCHOOLTHATINCLUDESANYORALLOFTHEFOLLOWING :

PRESCHOOL , KINDERGARTEN ,AND GRADES ONE THROUGH FIVE .

THE DEPARTMENT MAY ALSO DEVELOP AND APPLY SECONDARY CRITERIA AS ESTABLISHED THROUGH RULES PROMULGATED BY THE COMMISSION .

A PUBLIC SCHOOL THAT IS SUBJECT TO THE FEDERAL LEAD AND COPPER RULE ,40CFR PART141,SUBPART I,ORHASALREADYTESTEDORISINTHE PROCESS OFTESTING ITS DRINKING WATER FOR LEAD IS NOT ELIGIBLE FOR A GRANT PURSUANT TO THIS SUBSECTION(1)(f).

(III) THE DEPARTMENT SHALL APPLY ITS BEST EFFORTS TO COMPLETE ALL TESTING AND ANALYSIS BYJUNE30, 2020.

(IV) A PUBLIC SCHOOL THAT RECEIVES A GRANT PURSUANT TO -3- 1306 THIS SUBSECTION (1)(fSHALL EITHER ENTER INTO A CONTRACT THAT REQUIRESCOMPLIANCEWITHTHEDEPARTMENT STESTINGPROTOCOLSTO HAVE THE TESTING CONDUCTED OR FOLLOWTHE DEPARTMENT S TESTING PROTOCOLS AND PROVIDE THE TEST SAMPLES TO THE DEPARTMENT S LABORATORYORALABORATORYCERTIFIEDBYTHEDEPARTMENTTHATIS EQUIPPED TO PERFORM THE REQUIRED TESTING AND ANALYSIS ON A TIMELYBASIS.T HE PUBLICSCHOOLSHALLPROVIDETHETESTRESULTSTO ITS LOCAL PUBLIC HEALTH AGENC,ITS SUPPLIER OF WATE,ITS SCHOOL BOARD ,AND THE DEPARTMENT .

(V) T HE DEPARTMENT SHALL USE MONEY FROM THE WATER QUALITY IMPROVEMENT FUND CREATED IN SECTION 25-8-608 (1.5AS AUTHORIZED BY SECTION 25-8-608 (1.7)(d) TO IMPLEMENT THIS SUBSECTION (1)(f).

(VI) N OTWITHSTANDING SECTION 24-1-136 (11)(a)(I)THE DEPARTMENT SHALL ANNUALLY REPORT BY FEBRUARY 1OF EACH YEAR UNTILF EBRUARY 1,2021,TO THE GENERAL ASSEMBLY'S COMMITTEES OF REFERENCE WITH JURISDICTION OVER PUBLIC HEALTH REGARDIN:

(A) T HE NUMBER ,TYPES, NAMES ,AND LOCATIONS OF PUBLIC SCHOOLSTHATHAVEAPPLIEDFORGRANTSPURSUANTTOTHISSUBSECTION (1)(f);