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AB-2370 Lead exposure: child day care facilities: family day care homes.(2017-2018)

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Date Published: 08/06/2018 02:00 PM
AB2370:v93#DOCUMENT

Amended  IN  Senate  August 06, 2018
Amended  IN  Senate  June 28, 2018
Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  April 05, 2018
Amended  IN  Assembly  April 02, 2018
Amended  IN  Assembly  March 12, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2370


Introduced by Assembly Members Holden and Gonzalez Fletcher

February 14, 2018


An act to amend Section 8278.3 of the Education Code, and to amend Section 1596.866 of, and to add Sections 1596.7996 and 1597.16 1596.7996, 1597.16, and 116278 to, the Health and Safety Code, relating to lead exposure.


LEGISLATIVE COUNSEL'S DIGEST


AB 2370, as amended, Holden. Lead exposure: child day care facilities: family day care homes.
(1) Under existing law, the California Child Day Care Facilities Act, the State Department of Social Services licenses and regulates child day care facilities, as defined, and family day care home licensees. The act requires that, as a condition of licensure and in addition to any other required training, at least one director or teacher at each day care center, and each family day care home licensee who provides care, have at least 15 hours of health and safety training, covering specified components, including a preventive health practices course or courses on recognition, management, and prevention of infectious diseases and prevention of childhood injuries. A willful or repeated violation of the act, or any rule or regulation promulgated under the act, is a misdemeanor punishable by a fine not to exceed $1,000 or by imprisonment in a county jail for a period not to exceed 180 days, or by both the fine and imprisonment, and a serious violation of the act is subject to daily civil penalties, as specified.
This bill would additionally require, as a condition of licensure for licenses issued on or after July 1, 2020, the health and safety training to include instruction in the prevention of lead exposure as a part of the preventive health practices course or courses component. The bill would require the child day care facility, upon enrolling or reenrolling any child, to provide the parent or guardian with written information on the risks and effects of lead exposure, blood lead testing recommendations and requirements, and options for obtaining blood lead testing, as specified.
This bill, on or before July 1, 2021, would require the State Department of Social Services, in consultation with the State Water Resources Control Board (state board), to adopt regulations for the testing of drinking water at licensed child day care centers to ensure that the drinking water is lead free. lead levels in a center’s drinking water do not exceed the relevant action level established by the state board. The bill would require an entity collecting or delivering a center’s drinking water sample to a laboratory to verify, under penalty of perjury, that the collection or delivery was performed in accordance with guidelines specified in the bill. The bill would require the adoption of regulations by the department to include a specified public stakeholder process, as specified. The bill would require the regulations to include, among other things, a requirement that the drinking water testing results shall be submitted to the state board within 3 months of testing, and timelines by which the state board shall transmit the testing data to the department. The bill would authorize the department to deem a licensed child day care center provider that tests its drinking water after December 31, 2018, but before the adoption of regulations under the bill, to have satisfied the initial drinking water test required by the bill, under prescribed circumstances. Because a violation of certain requirements of this bill or regulations adopted under the bill would be a crime, and because the bill would expand the crime of perjury, the bill would impose a state-mandated local program.
This bill would require the state board to provide grants for testing drinking water lead levels in licensed child day care centers and other specified activities, from any funds appropriated to the state board in the Budget Act of 2018 for those purposes.
(2) 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, adopting implementing regulations, and conducting studies and investigations to assess the quality of water in private domestic water supplies.
This bill would require the state board, by January 1, 2020, to develop guidelines for the collection, delivery to laboratories, and testing of child day care center drinking water samples, as specified. The bill would authorize the state board to identify certified or licensed entities qualified to collect and deliver a valid drinking water sample

(2)

(3) Existing law, the Child Care and Development Services Act, has a purpose of providing a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. Existing law establishes the Child Care Facilities Revolving Fund in the State Treasury to provide funding for loans for the renovation, repair, or improvement of an existing building to make the building suitable for licensure for child care and development services, and for the purchase of new relocatable child care facilities for the lease to local educational agencies and contracting agencies that provide child care and development services.
This bill would specify that a licensed child day care center is eligible to apply for, and receive, loan funding pursuant to these provisions. The bill would require a licensed child day care center that receives loan funding pursuant to these provisions to demonstrate both a financial need and a lack of reasonable alternative funding sources.

(3)

(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 no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 8278.3 of the Education Code is amended to read:

8278.3.
 (a) (1) The Child Care Facilities Revolving Fund is hereby established in the State Treasury to provide funding for loans for the renovation, repair, or improvement of an existing building to make the building suitable for licensure for child care and development services, and for the purchase of new relocatable child care facilities for lease to local educational agencies and contracting agencies that provide child care and development services, pursuant to this chapter. The Superintendent may transfer state funds appropriated for child care facilities into this fund for allocation to local educational agencies and contracting agencies, as specified, for the purchase, transportation, and installation of facilities for replacement and expansion of capacity. Local educational agencies and contracting agencies using facilities purchased by the use of these funds shall be charged a leasing fee, either at a fair market value for those facilities or at an amount sufficient to amortize the cost of purchase and relocation, whichever amount is lower, over a 10-year period. Upon full repayment of the purchase and relocation costs, title shall transfer from the State of California to the local educational agency or contracting agency. Loans for renovation or repair shall be repaid within a period that does not exceed 10 years. The Superintendent shall deposit all revenue derived from the lease payments or renovation or repair loan repayments into the Child Care Facilities Revolving Fund.
(2) Notwithstanding Section 13340 of the Government Code, all moneys in the fund, including moneys deposited from lease payments or loan repayments, are continuously appropriated, without regard to fiscal years, to the Superintendent for expenditure pursuant to this article.
(3) Augmentations to the Child Care Facilities Revolving Fund made in the Budget Act of 2014 shall be used for loans for renovation or repair of existing local educational agency facilities to ensure those facilities meet applicable health and safety standards or the purchase of new relocatable child care facilities for lease to local educational agencies, for the purpose of expanding access to California state preschool program services pursuant to this chapter.
(b) On or before August 1 of each fiscal year, the Superintendent shall submit to the Department of Finance and the Legislative Analyst’s Office a report detailing the number of funding requests received and their purpose, the types of agencies that received funding from the Child Care Facilities Revolving Fund, the increased capacity that these facilities generated, a description of the manner in which the facilities are being used, and a projection of the lease payments and loan repayments collected and the funds available for future use.
(c) A local educational agency that provides child care pursuant to the California School Age Families Education Program (Article 7.1 (commencing with Section 54740) of Chapter 9 of Part 29 of Division 4 of Title 2) is eligible to apply for and receive funding pursuant to this section.
(d) A licensed child day care center, as defined in Section 1596.76 of the Health and Safety Code, is eligible to apply for, and receive, loan funding pursuant to this section to remediate lead contamination at its center and to pay for drinking water system improvements that are necessary to ensure that the center’s drinking water is lead free, as determined by the regulations established by the State Department of Social Services, pursuant to Section 1597.16 of the Health and Safety Code. does not contain lead levels that exceed the relevant action level established by the State Water Resources Control Board. A licensed child day care center that receives loan funding pursuant to this section shall demonstrate both a financial need and a lack of reasonable alternative funding sources.

SEC. 2.

 Section 1596.7996 is added to the Health and Safety Code, to read:

1596.7996.
 (a) A licensed child day care facility, upon enrolling or reenrolling any child, shall provide the parent or guardian with written information, to be developed by the department, in consultation with the State Department of Public Health, on all of the following:
(1) Risks and effects of lead exposure.
(2) Blood lead testing recommendations and requirements.
(3) Options for obtaining blood lead testing, including any state or federally funded programs that offer free or discounted tests.
(b) For purposes of this section, “child day care facility” has the same meaning as in Section 1596.750.

SEC. 3.

 Section 1596.866 of the Health and Safety Code is amended to read:

1596.866.
 (a) (1) In addition to other required training, at least one director or teacher at each day care center, and each family day care home licensee who provides care, shall have at least 15 hours of health and safety training, and if applicable, at least one additional hour of training pursuant to clause (ii) of subparagraph (C) of paragraph (2).
(2) The training shall include the following components:
(A) Pediatric first aid.
(B) Pediatric cardiopulmonary resuscitation (CPR).
(C) (i) A preventive health practices course or courses that include instruction in the recognition, management, and prevention of infectious diseases, including immunizations, prevention of childhood injuries, and, for licenses issued on and after July 1, 2020, instruction in the prevention of lead exposure.
(ii) For licenses issued on or after January 1, 2016, at least one director or teacher at each day care center, and each family day care home licensee who provides care, shall have at least one hour of childhood nutrition training as part of the preventive health practices course or courses.
(3) The training may include instruction in sanitary food handling, emergency preparedness and evacuation, and caring for children with special needs.
(b) Day care center directors and licensees of family day care homes shall ensure that at least one staff member who has a current course completion card in pediatric first aid and pediatric CPR issued by the American Red Cross, the American Heart Association, or by a training program that has been approved by the Emergency Medical Services Authority pursuant to this section and Section 1797.191 shall be onsite at all times when children are present at the facility, and shall be present with the children when children are offsite from the facility for facility activities. Nothing in this subdivision shall be construed to require, in the event of an emergency, additional staff members, who are onsite when children are present at the facility, to have a current course completion card in pediatric first aid and pediatric CPR.
(c) (1) The completion of health and safety training by all personnel and licensees described in subdivision (a) shall be a condition of licensure.
(2) Training in pediatric first aid and pediatric CPR by persons described in subdivisions (a) and (b) shall be current at all times. Training in preventive health practices, as described in subparagraph (C) of paragraph (2) of subdivision (a), is a one-time only requirement for persons described in subdivision (a).
(3) The department shall issue a provisional license for otherwise qualified applicants who are not in compliance with this section. This provisional license shall expire 90 days after the date of issuance and shall not be extended.
(4) A notice of deficiency shall be issued by the department at the time of a site visit to a licensee who is not in compliance with this section. The licensee shall, at the time the notice is issued, develop a plan of correction to correct the deficiency within 90 days of receiving the notice. The facility’s license may be revoked if it fails to correct the deficiency within the 90-day period. Section 1596.890 shall not apply to this paragraph.
(d) Completion of the training required pursuant to subdivisions (a) and (b) shall be demonstrated, upon request of the licensing agency, by the following:
(1) Current pediatric first aid and pediatric CPR course completion cards issued by the American Red Cross, the American Heart Association, or by a training program approved by the Emergency Medical Services Authority pursuant to Section 1797.191.
(2) (A) A course completion card for a preventive health practices course or courses, as described in subparagraph (C) of paragraph (2) of subdivision (a), issued by a training program approved by the Emergency Medical Services Authority pursuant to Section 1797.191.
(B) Persons who, before September 21, 1998, have completed a course or courses in preventive health practices, as described in clause (i) of subparagraph (C) of paragraph (2) of subdivision (a), and have a certificate of completion of a course or courses in preventive health practices, or certified copies of transcripts that identify the number of hours and the specific course or courses taken for training in preventive health practices, shall be deemed to have met the training in preventive health practices.
(3) In addition to training programs specified in paragraphs (1) and (2), training programs or courses in pediatric first aid, pediatric CPR, and preventive health practices offered or approved by an accredited college or university are considered to be approved sources of training that may be used to satisfy the training requirements of paragraph (2) of subdivision (a). Completion of this training shall be demonstrated to the licensing agency by a certificate of course completion, course completion cards, or certified copies of transcripts that identify the number of hours and the specified course or courses taken for the training, as defined in paragraph (2) of subdivision (a).
(e) The training required under subdivision (a) shall not be provided by a home study course. This training may be provided through in-service training, workshops, or classes.
(f) All personnel and licensees described in subdivisions (a) and (b) shall maintain current course completion cards for pediatric first aid and pediatric CPR issued by the American Red Cross, the American Heart Association, or by a training program approved by the Emergency Medical Services Authority pursuant to Section 1797.191, or shall have current certification in pediatric first aid and pediatric CPR from an accredited college or university in accordance with paragraph (3) of subdivision (d).
(g) The department shall have the authority to grant exceptions to the requirements imposed by this section in order to meet the requirements of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
(h) The department shall adopt regulations to implement this section.

SEC. 4.

 Section 1597.16 is added to the Health and Safety Code, to read:

1597.16.
 (a) On or before July 1, 2021, the department, in consultation with the State Water Resources Control Board, shall adopt regulations for the testing of drinking water at licensed child day care centers, as defined in Section 1596.76, to ensure that the drinking water is lead free. lead levels in a center’s drinking water do not exceed the relevant action level established by the State Water Resources Control Board. The regulations shall include, at a minimum, all of the following:
(1) A requirement that a licensed child day care center shall provide potable, noncontaminated drinking water to children in its care. not provide to children in its care drinking water that contains lead levels that exceed the relevant action level established by the State Water Resources Control Board.
(2) A requirement that initial testing of drinking water at a licensed child day care center, if the building was constructed before January 1, 2010, shall be performed by January 1, 2023, and that periodic testing is performed every five years thereafter.
(A) Drinking water testing and sample collection shall be performed in accordance with guidelines developed by the State Water Resources Control Board pursuant to Section 116278.
(B) The following entities may collect a center’s drinking water sample for testing, and deliver it to be tested:
(i) A regulator.
(ii) An environmental laboratory accredited pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101.
(iii) A child day care center provider. If a child day care center provider collects the sample, the provider shall ensure that at least two parents of children enrolled in the center attest in writing that the sample was collected and delivered to be tested in accordance with the guidelines developed pursuant to Section 116278. Parents attesting to the appropriate collection and delivery shall not have a fiduciary or employment interest in the center.
(iv) Any other licensed or certified entity that the State Water Resources Control Board determines, pursuant to subdivision (d) of Section 116278, is qualified to collect and deliver a valid sample.
(C) An entity collecting or delivering a center’s drinking water sample to a laboratory shall verify in writing under penalty of perjury that the collection and delivery of the sample was performed in accordance with the guidelines developed pursuant to Section 116278.
(D) Testing of a child day care center’s drinking water shall be performed by an environmental laboratory accredited pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101. Environmental laboratories shall submit all test results to the State Water Resources Control Board.
(E) Drinking water samples shall be periodically audited to ensure that the required sampling and delivery guidelines developed pursuant to Section 116278 are followed.
(3) A requirement that the drinking water testing results shall be submitted to the State Water Resources Control Board within three months of testing, and timelines Timelines by which the State Water Resources Control Board shall transmit the testing data to the department.
(4) A fair and reasonable enforcement mechanism.
(5) Parental notification requirements.
(A) Parental notification requirements shall include the requirement that parents of children enrolled in a center shall be notified in advance of:
(i) A center’s plan to test its drinking water.
(ii) The time and date of the sample collection and testing.
(iii) The sample collection and testing guidelines that are required to be followed.
(iv) The entity or entities that will collect the sample and test the water.
(B) Parents shall be allowed to observe the sample’s collection and delivery to an accredited environmental laboratory.
(C) Parents shall be informed of all test results and any remediation action taken to ensure that lead levels in a center’s drinking water do not exceed the relevant action level established by the State Water Resources Control Board.
(b) In adopting regulations under this section, the department shall include a public stakeholder process. Participating stakeholders may include, but are not limited to, all of the following:
(1) Child care providers.
(2) Child care workers.
(3) Parents of children in care.
(4) Child care resource and referral networks.
(5) Public water agencies.
(6) State public health and environmental agencies.
(7) County public and environmental health officers.
(8) Regional centers.
(9) Pediatricians.
(10) Academic researchers.
(11) Environmental health advocates.
(12) Clean water advocates.
(13) Advocates for children’s rights, children’s health, individuals with developmental disabilities, and families receiving public assistance.

(c)As used in this section, “noncontaminated drinking water” means, among other qualifications, as determined by the department, in consultation with the State Water Resources Control Board, drinking water that is lead free.

(d)A licensed child day care center provider that tests the center’s drinking water after December 31, 2018, but before the adoption of regulations under subdivision (a), shall be deemed by the department to have satisfied the initial drinking water test required by paragraph (2) of subdivision (a), but not the subsequent tests required by that paragraph, if all of the following apply:

(1)The test is performed in accordance with procedures approved by the State Water Resources Control Board.

(2)The test results demonstrate that the drinking water at the center is potable and noncontaminated.

(3)The provider submits the test results to the department, via the State Water Resources Control Board, as required by paragraph (3) of subdivision (a).

SEC. 5.

 Section 116278 is added to the Health and Safety Code, to read:

116278.
 (a) By January 1, 2020, the state board shall develop guidelines for the collection, delivery to laboratories, and testing of child day care center drinking water samples, as required pursuant to Section 1597.16. The guidelines developed pursuant to this section shall include protocols to ensure that the samples collected and delivered are valid.
(b) The state board shall collect the results of drinking water tests performed in accordance with Section 1597.16 and provide those results to the State Department of Social Services. When providing these results to the department, the state board shall identify those tests that indicate a center’s drinking water contains lead levels that exceed the relevant action level established by the state board.
(c) The state board shall post the results of all drinking water tests performed in accordance with Section 1597.16, or child day care center drinking water tests paid for by any funds appropriated to the board in the Budget Act of 2018, on the state board’s Internet Web site. The posted test results shall identify those tests that indicate a center’s drinking water contains lead levels that exceed the relevant action level established by the state board.
(d) The state board may identify certified or licensed entities qualified to collect and deliver a valid drinking water sample.
(e) (1) Upon the state board’s adoption of the guidelines required by this section, child day care center drinking water tests paid for by funds appropriated to the state board in the Budget Act of 2018 shall comply with subparagraphs (A) to (E), inclusive, of paragraph (2) of, and paragraph (5) of, subdivision (a) of Section 1597.16.
(2) Upon the state board’s adoption of guidelines to expend funds appropriated to it in the Budget Act of 2018 to pay for child day care center drinking water tests, any tests funded through that appropriation prior to the adoption of guidelines under paragraph (1) of this subdivision shall comply with subparagraphs (A) to (E), inclusive, of paragraph (2) of, and paragraph (5) of, subdivision (a) of Section 1597.16.

SEC. 5.SEC. 6.

 The State Water Resources Control Board shall provide grants for testing drinking water lead levels in licensed child day care centers, remediating lead in drinking water systems of child day care centers, as defined in Section 1596.76 of the Health and Safety Code, and providing technical assistance to child care centers requiring help applying for the grants, from any funds appropriated to the board in the Budget Act of 2018 for those purposes.

SEC. 6.SEC. 7.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.