§ 25-8-902 — School and child care clean drinking water fund - creation

(1)
The school and child care clean drinking water fund is created in the department.

(2) The fund includes any money that is transferred to the fund and any
money that the general assembly may appropriate to the fund.

(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, reverts to the general fund.

(4) The department is the administrator of the fund for auditing purposes.

(5) The department shall expend money from the fund only:

(a) To help schools, child care centers, and family child care homes comply
with this part 9; and

(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:

(I) Child care centers and family child care homes;

(II) Eligible schools for which testing results show relatively high levels of
lead;

(III) Eligible schools that are receiving money pursuant to Title I of the
federal Elementary and Secondary Education Act of 1965, 20 U.S.C. sec. 6301 et
seq., as amended; and

(IV) On and after June 1, 2023, subject to available appropriations, eligible
schools that serve students in sixth, seventh, or eighth grade.

(6) Notwithstanding any provision of this section to the contrary, the
department shall not expend money from the fund:

(a) To replace or repair any lead service line; or

(b) To reimburse a child care center, family child care home, or eligible
school for costs associated with complying with this part 9 if the child care center,
family child care home, or eligible school has already received money from the fund
to reimburse the child care center, family child care home, or eligible school for a
test of each drinking water source, as described in section 25-8-903 (1), and:

(I) None of the results of such testing showed the presence of lead in an
amount of at least five parts per billion; or

(II) If the results of such testing showed the presence of lead in an amount of
at least five parts per billion, the child care center, family child care home, or
eligible school has also received reimbursement for:

(A) Any remediation efforts performed in response to such testing; and

(B) A confirmation test of each drinking water source at the child care
center, family child care home, or eligible school, as described in section 25-8-903
(2)(c).

Legislative History

Source: L. 2022: Entire part added, (HB 22-1358), ch. 382, p. 2730, � 1, effective August 10. L. 2023: (5)(b)(IV) amended, (HB 23-1298), ch. 300, p. 1805, � 1, effective June 1.