Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 2 3
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By: Senators C. Penzo, B. King 5
By: Representatives Duffield, Pilkington 6
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For An Act To Be Entitled 8
AN ACT TO REPEAL THE STATEWIDE FLUORIDATION PROGRAM; 9
TO REMOVE THE MANDATE FOR WATER SYSTEMS TO MAINTAIN A 10
FLUORIDE CONTENT; AND FOR OTHER PURPOSES. 11
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Subtitle 14
TO REPEAL THE STATEWIDE FLUORIDATION 15
PROGRAM; AND TO REMOVE THE MANDATE FOR 16
WATER SYSTEMS TO MAINTAIN A FLUORIDE 17
CONTENT. 18
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
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SECTION 1. Arkansas Code § 20 -7-136 is repealed. 22
20-7-136. Statewide fluoridation program — Definition. 23
(a) As used in this section, “water system” means a facility including 24
without limitation a parent system, consecutive system, or other system that 25
holds, treats, and supplies water directly or through a consecutive system or 26
consecutive systems to five thousand (5,000) persons or more. 27
(b) The company, corporation, municipality, county, government agency, 28
or other entity that owns or controls a water system shall control the 29
quantity of fluoride in the water so as to maintain a fluoride content 30
established by the Department of Health. 31
(c) The State Board of Health shall adopt rules relating to the 32
fluoridation of water systems that shall include without limitation: 33
(1) Permissible concentrations of fluoride to be maintained by a 34
water system; and 35
(2) Requirements and procedures for maintaining permissible 36 SB2
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concentrations of fluoride including without limitation: 1
(A) Necessary equipment; 2
(B) Recordkeeping; 3
(C) Reporting; and 4
(D) Testing. 5
(d)(1) A water system required to fluoridate under this section is not 6
required to comply with the requirements of this section until funds 7
sufficient to pay capital start -up costs for fluoridation equipment for the 8
system have become available from any source other than tax revenue or 9
service revenue regularly collected by the company, corporation, 10
municipality, county, or other government agency that owns or controls the 11
water system. 12
(2) A licensed civil engineer recognized or employed by the 13
department who is familiar with the design, construction, operation, and 14
maintenance of fluoridation systems shall determine for the department 15
whether the capital start -up costs claimed under subdivision (d)(1) of this 16
section are reasonable. 17
(e) A water system for a city in this state that receives its water 18
supply from a community in another state is not required to comply with this 19
section until a substantially similar fluoridation program is enacted for the 20
water system of the community in the other state. 21
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