5 Colo. Code Regs. § 1002-55.32
The provisions of Sections 25-8-202, 25-8-308, and 25-8-608, C.R.S. provide the specific statutory authority for adoption and implementation of the attached regulations. The Commission, in compliance with section 24-4-103(4), C.R.S., has adopted the following statement of basis and purpose.
BASIS AND PURPOSE
During the 2017 legislative session, the General Assembly increased the spending authority for the Water Quality Improvement Fund by $50,000 to continue to support Category 1 projects (stormwater management training and best management practices training to reduce the pollution of state waters). Accordingly, the commission took action to revise section 55.3 to increase the funding allocation for Category 1 projects to $100,000.
Also in 2017, the General Assembly created a new program under HB17-1306 titled the "Safe Water in Schools Act". HB17-1306 establishes a grant program to assist public schools as defined in sections 22-1-101(1) and 25-1.5-203(1)(f) C.R.S. with lead testing for their drinking water. Eligible public schools include public schools that are not a registered public water system and public schools that have not already tested for lead under the requirements of the 1991 federal Lead and Copper Rule or are not currently testing for lead. HB17-1306 provides the appropriation from the Water Quality Improvement Fund after the original four categories are fully appropriated.
In order to assist parties submitting applications for funding, and in order to provide a transparent process for allocation and award of the funds, the commission revised multiple sections in Regulation No. 55. The revised sections include 55.1; 55.2; and 55.3.
Section 55.1(1) (Authority, Scope and Purpose) was revised to include the public school lead testing program under the ambit of the Water Quality Improvement Fund.
Section 55.2 (Definitions) was revised to add definitions for the terms public school, elementary school, and public water system as included in HB17-1306.
Section 55.3 (Water Quality Improvement Fund Criteria) was revised to establish a new project category - Category 5 - for lead testing in public schools in section 55.3 (Project Eligibility). Revisions were also included to clarify requirements for the public school lead testing program pertaining to entity eligibility, funding allocation, project prioritization criteria, and notification and reporting requirements, as discussed below.
Section 55.3(1) - The commission reiterated the eligibility requirements in HB17-1306 by stating eligible entities are limited to public schools that are not subject to the federal Lead and Copper Rule, and those public schools that have not tested for lead pursuant to that rule or are not currently testing for lead.
Section 55.3(3) - The commission determined that adding a fifth project category in section 55.3 allows public school lead testing projects to be funded, but only after categories 1 through 4 are fully appropriated. As indicated in HB17-1306, the commission agreed to allocate for grants up to $300,000 for State Fiscal Year 2017-2018, up to $300,000 for State Fiscal Year 2018-2019, and up to $300,000 for State Fiscal Year 2019-2020, but subject to fund availability. In order to maximize funding to eligible public schools, the commission established a maximum of 100 samples per school, or a maximum grant amount of $5,000 per school.
Section 53.3(4) - The project prioritization criteria that were developed for the lead testing in public schools program in section 55.3 were designed to reflect language contained in HB17-1306 which emphasized funding priority in the following order: oldest public elementary schools; oldest public schools that are not elementary schools; and all other public schools. In the event there is a tie when prioritizing by using the above criteria, the commission felt it was important to have three tie breaking criteria in the following priority order: financial/ affordability; school district median household income; and readiness to proceed. The commission recognizes that the division will include point values and priority associated with these criteria in the Request for Application.
Section 53.3(5) - In accordance with HB17-1306, the commission also included certain criteria for conducting testing under the grant program. These include utilizing the division's lead testing protocol and using the department's lab or a lab certified by the state for analysis of the samples collected. The regulations also state, consistent with the bill, that grant recipients must provide the lead testing results to the public school's local public health agency, its supplier of water, its school board, and the division.
5 CCR 1002-55.32