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Utah :: Statute (HB 72) (last amended April 2013, Effective July 1, 2013)

Abstract: 

This part of the Utah Safe Drinking Water Act provides that public water supplies may not have fluorine added to or removed from the water supply without the approval of a majority of voters in an election in the area affected. An election shall be held: (1) upon the filing of an initiative petition requesting the action, (2) in the case of a municipal, local district, special service district, or county water system that is functionally separate from any other water system, upon the passage of a resolution by the legislative body or local district or special service district board representing the affected votes, submitting the question to the affected voters at a municipal general election, or (3) in a county of the first or second class, upon the passage of a resolution by the county legislative body to place an opinion question relating to all public water systems within the county on the ballot at a general election. The chapter provides that if a majority of voters on an opinion question approve the addition of fluorine to or the removal of fluorine from the public water supplies within the county, the local health departments shall require the addition of fluorine to or the removal of fluorine from all public water supplies within that county other than those systems: (a) that are functionally separate from any other public water systems in that country; and (b) where a majority of the voters served by the public water system voted against the addition or removal of fluorine on the opinion question. The chapter provides that, in an election where a majority of the voters approve the addition to or removal of fluorine from the public water supplies, no election to consider removing fluorine from or adding fluorine to the public water supplies shall be held for a period of four years from the date of approval by the majority of voters. The chapter authorizes a local health department to order the temporary removal of fluoride under certain circumstances and shall issue public notice regarding the removal. The chapter includes a special section on the provision of fluoridated water to a residence or business in a municipality located in two counties, one that has approved fluoridation and one that has not approved fluoridation. The provision of fluoridated water will be allowed: (1) if the owner requests that the public water system supply water to the residence or business, (2) no reasonable alternative water supply exists, and (3) the owner’s request can be fulfilled without affecting other residences or businesses in the municipality or county that has not approved fluoridation. The chapter also includes a section on the provision of fluoridated water to a municipality or county that has not approved fluoridation if, as a result of a short-term emergency, the only water available is from the public water system’s fluoridated inventory.

Utah Code Ann. § 19-4-111. Fluoride added to or removed from water -- Election or shareholder vote required (Adopted 1981, last amended April 2013).
Utah Code Ann. § 19-4-111.1. Provision of fluoridated water -- Request of resident (Adopted May 6, 2002, last amended April 2013).
Utah Code Ann. § 19-4-111.2. Provision of fluoridated water -- Emergency circumstances (Adopted May 6, 2002, last amended April 2013).

Date Last Ammended: 
Mon, 04/01/2013
Legislation Type: 
Statute
Locality: 
Utah
Section: 
Utah Code Ann. § 19-4-111. Fluoride added to or removed from water -- Election or shareholder vote required
Utah Code Ann. § 19-4-111.1. Provision of fluoridated water -- Request of resident
Utah Code Ann. § 19-4-111.2. Provision of fluoridated water -- Emergency circumstances
State: 
Legislation text: 
SAFE DRINKING WATER DISCLOSURE ACT 2 2013 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Roger E. Barrus 5 Senate Sponsor: Jerry W. Stevenson 6 7 LONG TITLE 8 General Description: 9 This bill requires that a public water system that fluoridates public water supplies meet 10 certain requirements, requires a local health department to order temporary removal of 11 fluoride from public water supplies under certain circumstances, and allows a local 12 health department to order temporary removal of fluoride from public water supplies 13 under certain circumstances. 14 Highlighted Provisions: 15 This bill: 16 . defines terms; 17 . requires that a public water system that fluoridates public water supplies under order 18 of a local health department meet certain requirements; 19 . requires that a public water system: 20 . review and maintain certain records relating to the fluoride the public water 21 system uses to fluoridate public water supplies under order of a local health 22 department; and 23 . provide copies of the records upon request of a member of the public; 24 . requires a local health department to: 25 . review and maintain certain records relating to fluoride used to fluoridate public 26 water supplies; and 27 . order a public water system to temporarily remove fluoride from public water 28 supplies under certain circumstances and give public notice of the removal; 29 . allows a local health department to order a public water system to temporarily 30 remove fluoride from public water supplies under certain circumstances and give public notice 31 of the removal; 32 . requires the Division of Drinking Water to review and maintain certain records; and 33 . makes technical changes. 34 Money Appropriated in this Bill: 35 None 36 Other Special Clauses: 37 This bill takes effect on July 1, 2013. 38 Utah Code Sections Affected: 39 AMENDS: 40 19-4-111, as last amended by Laws of Utah 2009, Chapter 371 41 19-4-111.1, as enacted by Laws of Utah 2002, Chapter 16 42 19-4-111.2, as last amended by Laws of Utah 2009, Chapter 371 43 44 Be it enacted by the Legislature of the state of Utah: 45 Section 1. Section 19-4-111 is amended to read: 46 19-4-111. Fluoride added to or removed from water -- Election or shareholder 47 vote required. 48 (1) As used in this section: 49 (a) "Corporate public water system" means a public water system that is owned by a 50 corporation engaged in distributing water only to its shareholders. 51 (b) "Corporation" is as defined in Section 16-4-102 . 52 [(c) "Fluorine" includes a derivative or compound of fluorine.] 53 (c) "Fluoride" means a chemical compound that contains the fluoride ion and is used to 54 fluoridate drinking water, including: 55 (i) fluorosilicic acid; 56 (ii) sodium fluorosilicate; or 57 (iii) sodium fluoride. 58 (d) "Fluoride supplier" means a person who: 59 (i) manufactures, distributes, or packages or repackages fluoride; 60 (ii) is NSF/ANSI Standard 60 certified; 61 (iii) has evidence of the person's NSF/ANSI Standard 60 certification displayed on the 62 website of a certification body accredited by the International Accreditation Forum, including: 63 (A) NSF; 64 (B) the Underwriter Laboratory; or 65 (C) the Water Quality Association; and 66 (iv) provides fluoride in compliance with applicable NSF/ANSI Standard 60 67 certification requirements. 68 [(d)] (e) "Removal" means ceasing to add [fluorine] fluoride to a public water supply, 69 the addition having been previously approved by the voters of a political subdivision. 70 (2) (a) Except as provided in Subsection (7) or Subsection 19-4-104 (1)(a)(i), public 71 water supplies, whether state, county, municipal, or district, may not have [fluorine] fluoride 72 added to or removed from the water supply without the approval of a majority of voters in an 73 election in the area affected. 74 (b) An election shall be held: 75 (i) upon the filing of an initiative petition requesting the action in accordance with state 76 law governing initiative petitions; 77 (ii) in the case of a municipal, local district, special service district, or county water 78 system that is functionally separate from any other water system, upon the passage of a 79 resolution by the legislative body or local district or special service district board representing 80 the affected voters, submitting the question to the affected voters at a municipal general 81 election; or 82 (iii) in a county of the first or second class, upon the passage of a resolution by the 83 county legislative body to place an opinion question relating to all public water systems within 84 the county, except as provided in Subsection (3), on the ballot at a general election. 85 (3) If a majority of voters on an opinion question under Subsection (2)(b)(iii) approve 86 the addition of [fluorine] fluoride to or the removal of [fluorine] fluoride from the public water 87 supplies within the county, the local health departments shall require the addition of [fluorine] 88 fluoride to or the removal of [fluorine] fluoride from all public water supplies within that 89 county other than those systems: 90 (a) that are functionally separate from any other public water systems in that county; 91 and 92 (b) where a majority of the voters served by the public water system voted against the 93 addition or removal of [fluorine] fluoride on the opinion question under Subsection (2)(b)(iii). 94 (4) Nothing contained in this section prohibits the addition of chlorine or other water 95 purifying agents. 96 (5) Any political subdivision that, prior to November 2, 1976, decided to and was 97 adding [fluorine] fluoride to the drinking water is considered to have complied with Subsection 98 (2). 99 (6) In an election held pursuant to Subsection (2)(b)(i), (ii), or (iii), where a majority of 100 the voters approve the addition [to or removal of fluorine] of fluoride to or the removal of 101 fluoride from the public water supplies, no election to consider adding fluoride to or removing 102 [fluorine] fluoride from [or adding fluorine to] the public water supplies shall be held for a 103 period of four years from the date of approval by the majority of voters beginning with 104 elections held in November 2000. 105 (7) (a) A supplier may not add [fluorine] fluoride to or remove [fluorine] fluoride from 106 a corporate public water system unless the majority of the votes cast by the shareholders of the 107 corporate public water system authorize the supplier to add or remove the [fluorine] fluoride. 108 (b) If a corporate public water system's shareholders do not vote to add [fluorine] 109 fluoride under Subsection (7)(a), the supplier shall annually provide notice to a person who 110 receives water from the corporate public water system of the average amount of [fluorine] 111 fluoride in the water. 112 (c) A vote of the corporate public water system's shareholders under Subsection (7)(a) 113 does not require a supplier of another public water system, including a public water system that 114 provides water to the corporate public water system, to add [fluorine] fluoride to or remove 115 [fluorine] fluoride from the public water system. 116 (8) If a local health department requires a public water system to add fluoride to public 117 drinking water supplies under Subsection (3), the public water system shall fluoridate the 118 public drinking water supplies with fluoride manufactured, distributed, packaged, and, if 119 applicable, repackaged by a fluoride supplier who has provided copies of the original, dated 120 documents used to obtain and maintain NSF/ANSI Standard 60 certification to: 121 (a) the local health department that oversees the public water system; and 122 (b) the division. 123 (9) A public water system described in Subsection (8) shall obtain, for each quantity of 124 fluoride acquired to fluoridate public drinking water supplies, a batch-specific certificate of 125 analysis that represents the complete composition of the formulation of the undiluted raw 126 fluoride substance, in percent or parts by weight, for each chemical and contaminant in the 127 batch. 128 (10) A local health department shall: 129 (a) order the temporary removal of fluoride from a public water system within the 130 boundaries of the local health department if the public water system: 131 (i) violates Subsection (8) or (9); or 132 (ii) is unable to fluoridate public drinking water supplies in accordance with 133 Subsections (8) and (9); and 134 (b) review and maintain the certification documents submitted to the local health 135 department under Subsection (8). 136 (11) A public water system described in Subsection (8) shall: 137 (a) review and maintain certificates of analysis obtained under Subsection (9); and 138 (b) upon request of a member of the public, provide a copy of a certificate of analysis 139 obtained under Subsection (9) to the member of the public. 140 (12) A local health department may order the temporary removal of fluoride from a 141 public water system within the boundaries of the local health department if the public water 142 system violates a provision of Subsection (11). 143 (13) If a local health department orders the removal of fluoride from a public water 144 system under Subsection (10)(a) or (12), the local health department shall: 145 (a) issue a public notice regarding the temporary removal of fluoride from the public 146 water system; and 147 (b) when the public water system demonstrates its ability to fluoridate in accordance 148 with Subsections (8), (9), and (11), revoke the removal requirement. 149 (14) The division shall review and maintain the certification documents submitted to 150 the division under Subsection (8). 151 Section 2. Section 19-4-111.1 is amended to read: 152 19-4-111.1. Provision of fluoridated water -- Request of resident. 153 A public water system in a county of the first or second class whose entire water 154 inventory is fluoridated may supply water to a residence or business in a municipality that is 155 located in two counties, one that has approved fluoridation and one that has not approved 156 fluoridation in accordance with [Subsection] Section 19-4-111 [(1)] if: 157 (1) the owner requests that the public water system supply water to the residence or 158 business; 159 (2) no reasonable alternative water supply exists; and 160 (3) the owner's request can be fulfilled without affecting other residences or businesses 161 in the municipality or county that has not approved fluoridation. 162 Section 3. Section 19-4-111.2 is amended to read: 163 19-4-111.2. Provision of fluoridated water -- Emergency circumstances. 164 (1) A public water system that is simultaneously supplying water to a municipality or 165 county that approved fluoridation in accordance with Section 19-4-111 and a municipality or 166 county that has not approved fluoridation may provide water from its fluoridated inventory to a 167 municipality or county that has not approved fluoridation if: 168 (a) as a result of a short-term emergency, the only water available is from the public 169 water system's fluoridated inventory; 170 (b) the public water system ceases providing fluoridated water to the municipality or 171 county that has not approved fluoridation in accordance with [Subsection] Section 172 19-4-111 [(2)] in a time consistent with repair times following best industrial practice; and 173 (c) where feasible, provide prompt notice to the affected area. 174 (2) (a) A resident of an affected area that does not wish to receive fluoridated water 175 during an emergency may contact the public water system to have delivery of fluoridated water 176 to their residence or business terminated. 177 (b) The resident shall determine when to resume delivery of water and shall contact the 178 public water system to have delivery of water resumed. 179 Section 4. Effective date. 180 This bill takes effect on July 1, 2013.