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AB-885 Pupil health: drinking water: lead.(2017-2018)

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Date Published: 04/27/2017 09:00 PM
AB885:v96#DOCUMENT

Amended  IN  Assembly  April 27, 2017
Amended  IN  Assembly  April 18, 2017
Amended  IN  Assembly  March 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 885


Introduced by Assembly Member Rubio Members Rubio and Quirk

February 16, 2017


An act to add Section 32247 to the Education Code, relating to pupil health.


LEGISLATIVE COUNSEL'S DIGEST


AB 885, as amended, Rubio. Pupil health: drinking water: lead.
Existing law requires a school district to provide access to free, fresh drinking water during meal times in school food service areas, except as specified. Under existing law, known as the Lead-Safe Schools Protection Act, the State Department of Public Health is required to perform various activities related to reducing the risk of exposure to lead hazards in public schools, including, among other activities, working with the State Department of Education to develop voluntary guidelines to ensure that lead hazards are minimized in the course of school repair and maintenance programs and abatement procedures.
This bill would require a community water system, as defined, to test, on or before July 1, 2019, and every year thereafter, for the presence of lead at each a sample of water outlet outlets used for drinking or cooking at each school, defined to include a public elementary school, a public secondary school, a public preschool located on public school property, and a public day care facility located on public school property, constructed before January 1, 1994, 1993, within the boundaries of the community water system. The bill would require, if testing reveals an elevated lead level, as defined, at a water outlet at a school, the school to close off access to the outlet, as specified; report the test results to the State Water Resources Control Board; purchase and install certified water filters at all school faucets, fountains, and other outlets designated for drinking or cooking that were not closed off; on or before July 1, 2022, replace all lead-bearing parts parts, as defined, within the school’s water delivery system, where feasible and cost effective; and, on or before January 1, 2020, develop and adopt a plan of action relating to these requirements. By imposing additional duties on public schools, the bill would impose a state-mandated local program. The bill would exempt a school and a community water system from its provisions if the school demonstrates to the satisfaction of the State Water Resources Control Board that its water delivery system is free of lead-bearing parts.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 32247 is added to the Education Code, to read:

32247.
 (a) (1) A community water system shall test, on or before July 1, 2019, and every year thereafter, for the presence of lead at each a sample of water outlet outlets, consistent with the lead and copper rule, used for drinking or cooking at each school constructed before January 1, 1994, 1993, within the boundaries of the community water system.
(2) The water board may alter the annual testing requirement on a case-by-case basis if it determines that a higher or lower frequency of testing is necessary or sufficient to ensure public health at the school, including, but not limited to, requiring the community water system to conduct additional testing after replacement of lead service lines at a school.
(b) If testing conducted pursuant to subdivision (a) reveals an elevated lead level at a water outlet used for drinking or cooking at a school, the school shall do all of the following:
(1) Within 24 hours of receiving notification from the community water system, close off access to the outlet, consistent with the requirements of Section 38086, and report the test results to the water board.
(2) Purchase and install water filters with NSF International or equivalent certification at all faucets, fountains, and other outlets designated for drinking or cooking that were not closed off. To expedite water filter installation, a school shall give priority to contractors that are local to the school with the expertise to execute the project.
(3) (A) On or before January 1, 2020, develop and adopt a plan of action to prevent elevated lead levels in all water used for drinking or cooking at the school. The plan of action shall include all of the following:
(i) How the school will operate and maintain the water filters installed by the school.
(ii) An inventory of lead-bearing parts within the school’s water delivery system, including, but not limited to, fixtures and plumbing with lead soldering, system and how the school will replace those lead-bearing parts as required by paragraph (4).
(iii) Any other measures to reduce lead contamination of water.
(B) A school may adjust its plan of action, including, but not limited to, in response to public input.
(C) A school shall submit its plan of action to an independent entity that is experienced in the replacement of lead-bearing parts for review of whether the school’s plan of action will successfully result in the replacement of all lead-bearing parts. A school shall amend and resubmit its plan of action until the independent entity makes this determination. Once the independent entity makes this determination, the school shall submit its plan of action to the water board and the State Department of Education for recordkeeping.
(4) Use the inventory created pursuant to clause (ii) of subparagraph (A) of paragraph (3) to replace all lead-bearing parts within the school’s water delivery system, where feasible and cost effective, on or before July 1, 2022. It is the intent of the Legislature that a school use grants and other external sources of funding to the maximum extent possible to fulfill this requirement.
(c) A school may seek the assistance of a local health agency, a community water system, or the water board to help ensure its compliance with this section.
(d) It is the intent of the Legislature that costs incurred by a school pursuant to this section be reimbursed pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code as costs mandated by the state.
(e) A school is exempt from this section, and a community water system is exempt from subdivision (a), if the school demonstrates to the satisfaction of the water board that its water delivery system is free of lead-bearing parts.
(f) For purposes of this section, the following terms have the following meanings:
(1) “Community water system” has the same meaning as defined in Section 116275 of the Health and Safety Code.
(2) “Elevated lead level” means lead in excess of one part per billion in water. a lead level that is greater than the United States Environmental Protection Agency drinking water standards for lead.
(3) “Lead and copper rule” means the rule established by the United States Environmental Protection Agency in Part 141 of Title 40 of the Code of Federal Regulations.
(4) “Lead-bearing part” means a pipe, pipe or plumbing fitting, or fixture intended to convey or dispense water for human consumption through drinking or cooking that exceeds the lead values for “lead free,” as defined in subdivision (e) of Section 116875 of the Health and Safety Code.

(3)

(5) “School” means a public elementary school, a public secondary school, a public preschool located on public school property, and a public day care facility located on public school property.

(4)

(6) “Water board” means the State Water Resources Control Board.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.