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SB-210 Pupil health: drinking water.(2017-2018)

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Date Published: 05/26/2017 10:00 AM
SB210:v97#DOCUMENT

Amended  IN  Senate  May 26, 2017
Amended  IN  Senate  March 15, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 210


Introduced by Senator Leyva
(Principal coauthor: Assembly Member Reyes)

February 01, 2017


An act to add Section 32246 to, and to add Article 15 (commencing with Section 49595) to Chapter 9 of Part 27 of Division 4 of Title 2 of, the Education Code, and to amend Section 116276 of the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


SB 210, as amended, Leyva. Pupil health: drinking water.

(1)Existing law requires a school district to provide access to free, fresh drinking water during meal times in school food service areas, unless the governing board of a school district adopts a resolution stating that it is unable to comply with this requirement and demonstrating the reasons why it is unable to comply due to fiscal constraints or health and safety concerns.

This bill would require a school district that has drinking water fixtures with drinking water that does not meet the United States Environmental Protection Agency drinking water standards for lead or is above the California maximum contaminant level for any other contaminant, as specified, to close access to those drinking water fixtures, to provide alternative drinking water sources, as specified, and to notify specified persons if the school district is required to provide those alternative drinking water sources. By imposing additional duties on public schools and school districts, this bill would impose a state-mandated local program.

(2)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 prohibit drinking water that does not meet the United States Environmental Protection Agency drinking water standards for lead or is above the California maximum contaminant level for any other contaminant, as specified, from being provided for consumption at a school facility.

(3)Existing

Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration programs relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adoption of implementing regulations, and conducting studies and investigations to assess the quality of water in private domestic water supplies. The act requires the state board to establish a grant program, in consultation with the State Department of Education, to award grants to local educational agencies for the purposes of improving access to, and the quality of, drinking water in public schools serving kindergarten or any of grades 1 to 12, inclusive, and preschools and child day care facilities located on public school property. The act requires the state board to give priority to certain projects.
This bill would require priority be given to projects for schools that have tested their drinking water fixtures, and the results show that the drinking water either does not meet the United States Environmental Protection Agency drinking water standards for lead or is above the California maximum contaminant level for any other contaminant, as specified.

(4)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: YESNO  

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


SECTION 1.Section 32246 is added to the Education Code, to read:
32246.

Drinking water that does not meet the United States Environmental Protection Agency drinking water standards for lead or is above the maximum contaminant level for any other contaminant pursuant to Title 22 of the California Code of Regulations shall not be provided for consumption at a school facility.

SEC. 2.Article 15 (commencing with Section 49595) is added to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, to read:
15.Drinking Water
49595.

(a)A school district that has drinking water fixtures with drinking water that does not meet the United States Environmental Protection Agency drinking water standards for lead or is above the maximum contaminant level for any other contaminant pursuant to Title 22 of the California Code of Regulations shall close access to those drinking water fixtures immediately upon receipt of test results or notification from the public water system.

(b)(1)If, as a result of closing access to a drinking water fixture pursuant to subdivision (a), a schoolsite within a school district no longer has the minimum number of drinking fountains required pursuant to Chapter 4 (commencing with Section 401.0) of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations), the school district shall provide alternative drinking water sources at that schoolsite.

(2)An alternative drinking water source provided pursuant to this subdivision while the source of contamination is being mitigated may be from plumbed or unplumbed sources. Unplumbed sources may include, but are not limited to, portable water sources and bottled water.

(c)A school district shall notify parents or legal guardians, pupils, teachers, and other school personnel of drinking water test results, immediately upon receipt of those test results, if the school district is required to provide alternative drinking water sources.

SEC. 3.SECTION 1.

 Section 116276 of the Health and Safety Code is amended to read:

116276.
 (a) The state board shall establish a program, in consultation with the State Department of Education, to award grants to local educational agencies for the purposes of improving access to, and the quality of, drinking water in public schools consistent with the Legislature’s intent that school facilities be maintained in “good repair,” as defined in paragraph (1) of subdivision (d) of Section 17002 of the Education Code. Eligible entities shall be limited to local educational agencies serving kindergarten or any of grades 1 to 12, inclusive, and preschools and child day care facilities, as defined in Section 1596.750, located on public school property. The program shall include, but not be limited to, funding for at least one of the following:
(1) Installation of water bottle filling stations.
(2) Installation or replacement of drinking water fountains with devices that are capable of removing contaminants that are present in the facility’s water supply.
(3) Installation of point-of-entry or point-of-use treatment devices for drinking fountains, and up to three years of postinstallation replacement filters, and operation, maintenance, and monitoring of the devices, including training on how to operate and maintain the treatment devices and community outreach and education about their use.
(b) The state board shall implement the program by taking actions that include, but are not necessarily limited to, the development of procedures and guidelines for the submission of grant applications and criteria for the evaluation of those applications.
(c) (1) In developing the procedure for awarding grants pursuant to this section, the state board shall do all of the following:
(A) Set requirements for grant recipients to adopt a program for inspecting and maintaining any water treatment device funded by the grant.
(B) Establish a maximum grant amount.
(C) Give priority to each of the following:
(i) Projects for schools within, or serving pupils from, a small disadvantaged community, as defined in Section 13193.9 of the Water Code.
(ii) Projects that have high effectiveness in increasing access to safe drinking water at schools.
(iii) Projects for schools that have tested their drinking water fixtures, and the results show that the drinking water either does not meet the United States Environmental Protection Agency drinking water standards for lead or is above the maximum contaminant level for any other contaminant pursuant to Title 22 of the California Code of Regulations.
(2) In developing the procedure for awarding grants pursuant to this section, the state board may require applicants to commit additional resources to the project, except that the state board shall not require matching funds for local educational agencies serving small disadvantaged communities or interfere with the prioritization of grant funding to small disadvantaged communities.
(d) (1) Procedures and guidelines for the program developed by the state board under this section are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(2) Before finalizing the procedures and guidelines for the distribution of grants pursuant to this section, the state board shall hold at least one public meeting to receive and consider public comment on the draft procedures and guidelines.
(e) The state board shall provide technical assistance to applicants, including completing applications, overseeing installations, and assisting with operation and maintenance.
(f) A contract entered into under the authority of this section is not subject to Section 10295 of the Public Contract Code.

SEC. 4.

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.