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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 26-0906.01 Richard Sweetman x4333 HOUSE BILL 26-1391
House Committees Senate Committees
Appropriations
A BILL FOR AN ACT
CONCERNING CLEAN DRINKING WATER IN PLACES WHERE CHILDREN101
ARE PRESENT, AND , IN CONNECTION THEREWITH , EXTENDING102
THE SCHOOL AND CHILD CARE CLEAN DRINKING WATER FUND103
THROUGH THE 2028-29 STATE FISCAL YEAR , ADDING HIGH104
SCHOOLS TO THE SCOPE OF POTENTIAL RECIPIENTS OF GRANTS105
FROM THE SCHOOL AND CHILD CARE CLEAN DRINKING WATER106
FUND, PROHIBITING THE DEPARTMENT OF PUBLIC HEALTH AND107
ENVIRONMENT FROM ISSUING A LICENSE TO A CHILD CARE108
CENTER UNLESS THE CHILD CARE CENTER IS IN COMPLIANCE109
WITH LAWS CONCERNING THE TESTING OF DRINKING WATER ,110
AND MAKING AN APPROPRIATION.111
Bill Summary
HOUSE
3rd Reading Unamended
April 11, 2026
HOUSE
Amended 2nd Reading
April 9, 2026
HOUSE SPONSORSHIP
Brown and Sirota, Taggart, Bacon, Boesenecker, Ca macho, Carter, Clifford, Duran,
English, Espenoza, Gilchrist, Hamrick, Joseph, Lieder, Lindsay, Marshall, Martinez, Nguyen,
Ricks, Smith, Stewart K., Story, Titone, Valdez, Velasco, Willford, Zokaie
SENATE SPONSORSHIP
Amabile and Kirkmeyer, Bridges
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/.)
Joint Budget Committee. In 2022, the general assembly enacted,
and the governor subsequently signed into law, House Bill 22-1358,
which required child care centers, family child care homes, and each
public school that serves any of grades preschool through eighth grade to:
! Test its drinking water sources by having a state-certified
laboratory measure the lead content of water drawn from
each drinking water source; and
! Satisfy other requirements concerning the provision of safe
drinking water.
House Bill 22-1358 also created the school and child care clean
drinking water fund (fund) to help schools, child care centers, and family
child care homes comply with House Bill 22-1358.
House Bill 22-1358 included a repeal date of June 30, 2026, for its
provisions. The bill extends the provisions, with amendments, until June
30, 2029. The bill also adds high schools (i.e., schools that serve grades
9 to 12) to the scope of House Bill 22-1358, which means that high
schools may receive grants from the fund and must satisfy certain
requirements on or before dates specified in the bill.
The bill prohibits the department of public health and environment
from issuing or renewing a license for a child care center unless the child
care center is in compliance with the requirements of House Bill 22-1358
concerning testing for the presence of lead in drinking water.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 25-8-901, amend (4)2
as follows:3
25-8-901. Definitions.4
As used in this part 9, unless the context otherwise requires:5
(4) "Eligible school" means a school that serves any of grades6
preschool through eighth TWELFTH grade.7
SECTION 2. In Colorado Revised Statutes, 25-8-902, amend (3)8
and (5)(b)(IV) as follows:9
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25-8-902. School and child care clean drinking water fund -1
creation.2
(3) Money in the fund at the end of each state fiscal year remains3
in the fund and does not revert to the general fund; except that any money4
remaining in the fund on June 29, 2026 JUNE 29, 2029, reverts to the5
general fund.6
(5) The department shall expend money from the fund only:7
(b) To reimburse eligible schools, child care centers, and family8
child care homes as needed for costs associated with complying with this9
part 9, in the following order of priority:10
(IV) On and after June 1, 2023, subject to available11
appropriations, eligible schools that serve students in sixth, seventh, or12
eighth grade GRADES SIX THROUGH TWELVE.13
SECTION 3. In Colorado Revised Statutes, 25-8-903, amend14
(1)(a) and (4); and repeal (7)(b) as follows:15
25-8-903. Testing for the presence of lead in drinking water in16
child care centers, family child care homes, and eligible schools -17
remediation - maintenance of records - training - inspections -18
enforcement - reimbursement - technical assistance - exemptions - opt19
out by family child care home - reports.20
(1) Testing.21
(a) (I) Except as described in subsection (1)(a)(II) SUBSECTIONS22
(1)(a)(II) AND (1)(a)(III) of this section, on or before May 31, 2023, each23
child care center, family child care home, and eligible school shall test its24
drinking water sources by having a state-certified laboratory measure the25
lead content of water drawn from each drinking water source. The testing26
must be done in accordance with the latest federal guidance on proper27
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sampling for testing for the presence of lead in drinking water, including1
the "Lead and Copper Rule" of the federal environmental protection2
agency, 40 CFR 141 et seq., as amended.3
(II) Subject to available appropriations, as described in section4
25-8-904 (2), an eligible school that serves students in sixth, seventh, or5
eighth grade shall satisfy the requirement described in subsection (1)(a)(I)6
of this section on or before November 30, 2024.7
(III) S UBJECT TO AVAILABLE APPROPRIATIONS , AN ELIGIBLE8
SCHOOL THAT SERVES STUDENTS IN NINTH , TENTH , ELEVENTH , OR9
TWELFTH GRADE SHALL SATISFY THE REQUIREMENT DESCRIBED IN10
SUBSECTION (1)(a)(I) OF THIS SECTION ON OR BEFORE MAY 31, 2027.11
(4) Training.12
(a) EXCEPT AS DESCRIBED IN SUBSECTION (4)(b) OF THIS SECTION,13
not later than one hundred eighty days after August 10, 2022, the14
department shall provide training to each child care center, family child15
care home, and eligible school regarding water filter maintenance,16
flushing protocols, testing for lead, reporting processes for sampling17
reports, and other activities relevant to compliance with this part 9.18
Training may take place in person or virtually and must include the19
individuals who will take water samples at the child care center, family20
child care home, or eligible school for the purposes of this part 9. The21
department shall provide the training in relevant languages.22
(b) N OT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE23
EFFECTIVE DATE OF THIS SUBSECTION (4)(b), THE DEPARTMENT SHALL24
PROVIDE THE TRAINING DESCRIBED IN SUBSECTION (4)(a) OF THIS SECTION25
TO EACH ELIGIBLE SCHOOL THAT SERVES STUDENTS IN NINTH , TENTH ,26
ELEVENTH, OR TWELFTH GRADE.27
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(7) Reimbursement.1
(b) Notwithstanding subsection (7)(a) of this section, the2
department shall not reimburse an eligible school that serves students in3
sixth, seventh, or eighth grade until June 1, 2023, for costs incurred for4
the purpose of complying with this section.5
SECTION 4. In Colorado Revised Statutes, repeal 25-8-904 as6
follows:7
25-8-904. Report and recommendation regarding expansion8
required - legislative declaration.9
(1) It is the general assembly's intent that, subject to the10
availability of future appropriations, the requirements described in this11
part 9 concerning the testing and remediation of drinking water sources12
in eligible schools should be expanded to apply to schools other than13
those schools that are eligible schools, and such schools should also be14
made eligible to receive reimbursement for costs incurred in complying15
with such requirements. To this end, the department is required to advise16
the general assembly in the form of the report described in subsection (2)17
of this section.18
(2) On or before February 28, 2024, the department shall report19
to the public and behavioral health and human services committee of the20
house of representatives and the health and human services committee of21
the senate, or to any successor committees, concerning the department's22
activities under this part 9. Specifically, the department shall include in23
the report the amount of money, if any, that remains in the fund on the24
date of the report. If the department determines that sufficient money25
remains in the fund, then eligible schools that serve any of grades six26
through eight shall comply with the testing requirement described in27
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section 25-8-903 (1)(a)(I) on or before November 30, 2024. The1
department shall post notice of its determination on its public website as2
soon as practicable.3
SECTION 5. In Colorado Revised Statutes, amend 25-8-905 as4
follows:5
25-8-905. Repeal of part.6
This part 9 is repealed, effective June 30, 2026 JUNE 30, 2029.7
SECTION 6. In Colorado Revised Statutes, 22-30.5-530, amend8
(2) as follows:9
22-30.5-530. Testing for the presence of lead in drinking water10
in eligible schools - compliance with public health requirements -11
repeal.12
(2) This section is repealed, effective June 30, 2026 JUNE 30,13
2029.14
SECTION 7. In Colorado Revised Statutes, 22-32-151, amend15
(2) as follows:16
22-32-151. Testing for the presence of lead in drinking water17
in eligible schools - compliance with public health requirements -18
repeal.19
(2) This section is rep ealed, effective June 30, 2026 JUNE 30,20
2029.21
SECTION 8. In Colorado Revised Statutes, 26.5-5-329, amend22
(2) as follows:23
26.5-5-329. Testing for the presence of lead in drinking water24
in child care centers and family child care homes - compliance with25
public health requirements - repeal.26
(2) This section is repealed, effective June 30, 2026 JUNE 30,27
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2029.1
SECTION 9. In Colorado Revised Statutes, 26.5-5-309, add (8)2
as follows:3
26.5-5-309. Licenses - rules - definition - appropriation -4
repeal.5
(8) ON OR BEFORE JULY 1, 2027, THE DEPARTMENT SHALL ADOPT6
RULES ESTABLISHING HOW A CHILD CARE CENTER SHALL DEMONSTRATE7
COMPLIANCE WITH THE REQUIREMENTS CONCERNING THE TESTING FOR THE8
PRESENCE OF LEAD IN DRINKING WATER DESCRIBED IN PART 9 OF ARTICLE9
8 OF TITLE 25.10
SECTION 10. Appropriation. For the 2026-27 state fiscal year,11
$8,700,000 is appropriated to the department of public health and12
environment for use by the water quality control division. This13
appropriation is from the school and child care clean drinking water fund14
created in section 25-8-902 (1), C.R.S., and is based on an assumption15
that the division will require an a dditional 7.0 FTE. To implement this16
act, the division may use this appropriation for school and child care clean17
drinking water program costs. Any money appropriated in this section not18
expended prior to July 1, 2027, is further appropriated to the department19
through the 2028-29 state fiscal year for the same purpose.20
SECTION 11. Safety clause. The general assembly finds,21
determines, and declares that this act is necessary for the immediate22
preservation of the public peace, health, or safety or for appropriations for23
the support and maintenance of the departments of the state and state24
institutions.25
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