19-4-111 - Fluorine added to or removed from water -- Election or shareholder vote required.
19-4-111. Fluorine added to or removed from water -- Election or shareholder voterequired.
(1) As used in this section:
(a) "Corporate public water system" means a public water system that is owned by acorporation engaged in distributing water only to its shareholders.
(b) "Corporation" is as defined in Section 16-4-102.
(c) "Fluorine" includes a derivative or compound of fluorine.
(d) "Removal" means ceasing to add fluorine to a public water supply, the additionhaving been previously approved by the voters of a political subdivision.
(2) (a) Except as provided in Subsection (7) or Subsection 19-4-104(1)(a)(i), publicwater supplies, whether state, county, municipal, or district, may not have fluorine added to orremoved from the water supply without the approval of a majority of voters in an election in thearea affected.
(b) An election shall be held:
(i) upon the filing of an initiative petition requesting the action in accordance with statelaw governing initiative petitions;
(ii) in the case of a municipal, local district, special service district, or county watersystem that is functionally separate from any other water system, upon the passage of a resolutionby the legislative body or local district or special service district board representing the affectedvoters, submitting the question to the affected voters at a municipal general election; or
(iii) in a county of the first or second class, upon the passage of a resolution by thecounty legislative body to place an opinion question relating to all public water systems withinthe county, except as provided in Subsection (3), on the ballot at a general election.
(3) If a majority of voters on an opinion question under Subsection (2)(b)(iii) approve theaddition of fluorine to or the removal of fluorine from the public water supplies within thecounty, the local health departments shall require the addition of fluorine to or the removal offluorine 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 county; and
(b) where a majority of the voters served by the public water system voted against theaddition or removal of fluorine on the opinion question under Subsection (2)(b)(iii).
(4) Nothing contained in this section prohibits the addition of chlorine or other waterpurifying agents.
(5) Any political subdivision that, prior to November 2, 1976, decided to and was addingfluorine to the drinking water is considered to have complied with Subsection (2).
(6) In an election held pursuant to Subsection (2)(b)(i), (ii), or (iii), where a majority ofthe voters approve the addition to or removal of fluorine from the public water supplies, noelection to consider removing fluorine from or adding fluorine to the public water supplies shallbe held for a period of four years from the date of approval by the majority of voters beginningwith elections held in November 2000.
(7) (a) A supplier may not add fluorine to or remove fluorine from a corporate publicwater system unless the majority of the votes cast by the shareholders of the corporate publicwater system authorize the supplier to add or remove the fluorine.
(b) If a corporate public water system's shareholders do not vote to add fluorine underSubsection (7)(a), the supplier shall annually provide notice to a person who receives water fromthe corporate public water system of the average amount of fluorine in the water.
(c) A vote of the corporate public water system's shareholders under Subsection (7)(a)does not require a supplier of another public water system, including a public water system thatprovides water to the corporate public water system, to add fluorine to or remove fluorine fromthe public water system.
Amended by Chapter 371, 2009 General Session