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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 of the 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.
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(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.
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(b) Notwithstanding subsection (7)(a) of this section, the department
shall not I cimbur se an eligible school that scr v cs 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 v c 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 v ior al health and human scr vices committee of the house
of I cpr cscntati v cs and the health and human scr vices committee of the
senate, 01 to any successor committees, conccr ning the department's
acti v itics 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.
PAGE 4-HOUSE BILL 26-1391
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
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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
PAGE 6-HOUSE BILL 26-1391
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.
Jul~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~~
Vanessa Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
~Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRETARY OF
THE SENATE
APPROVED .,..., 7'n ~ Yh3t 2.8h 2<:f?-h od 12.: =r--,
( ate and Time)
Jared S.
GOVE
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