For purposes of this chapter, “water bottle filling station” means a water dispenser accessible to all people in compliance with the federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) that dispenses clean drinking water directly into a water bottle or other drinking container.
(Added by Stats. 2022, Ch. 793, Sec. 2. (AB 2638) Effective January 1, 2023.)
(a) (1) A new construction or modernization project submitted to the Division of the State Architect pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 by a school district or the governing body of a charter school shall include water bottle filling stations, consistent with the requirements of this section.
(2) The requirements of this section only apply to those projects described in paragraph (1) that are submitted to the Division of the State Architect three months after voters approve a statewide general obligation bond that provides funds for school facilities for kindergarten or any of grades 1 to 12, inclusive, at a statewide election occurring on or after November 1, 2022.
(b) (1) For modernization projects, there shall be a minimum of one water bottle filling station at each school undergoing modernization.
(2) For new construction projects, there shall be a minimum of one water bottle filling station per 350 people at each school being constructed.
(c) Water bottle filling stations shall be
placed in or near high traffic and common areas, such as all of the following:
(1) Hallways.
(2) Gymnasiums.
(3) School food service areas.
(4) Outdoor recreation areas.
(5) Faculty lounges.
(d) Water bottle filling stations shall meet all of the following requirements:
(1) Dispense drinking water that meets primary drinking water standards and secondary drinking water standards, as defined in Section 116275 of the Health and Safety Code. The water bottle filling
station shall dispense filtered water if necessary to meet those standards.
(2) Be regularly cleaned to maintain sanitary conditions.
(3) Be maintained on a regular basis to ensure they function properly.
(e) Water bottle filling stations may be combined with drinking fountains.
(f) School districts and governing bodies of charter schools are encouraged to install touchless bottle filling stations for sanitary reasons.
(g) School districts and governing bodies of charter schools are encouraged to install water
bottle filling stations that dispense cooled water if the water bottle filling stations are located near an electrical source.
(h) (1) An existing water bottle filling station that was installed at a school before the enactment of this chapter shall count toward the minimum number of water bottle filling stations required pursuant to subdivision (b), provided that the water bottle filling
station meets the requirements of subdivision (d).
(2) An existing water bottle filling station that was installed at a school before the enactment of this chapter that does not meet the requirements of subdivision (d) may be repaired or improved by a school in order to meet the requirements of subdivision (d). Upon repair or improvement of the water bottle filling station to meet the requirements of subdivision (d), the school may count the water bottle filling station toward the minimum number of water bottle filling stations required pursuant to subdivision (b).
(Added by Stats. 2022, Ch. 793, Sec. 2. (AB 2638) Effective January 1, 2023.)
(a) A school district or the governing body of a charter school shall allow pupils, teachers, and staff to bring and carry water bottles.
(b) Water bottles may be excluded from libraries, computer labs, science labs, and other places where it is deemed dangerous to have drinking water.
(c) School districts and governing bodies of charter schools are encouraged to develop and adopt policies about the type of water bottles that may be carried.
(Added by Stats. 2022, Ch. 793, Sec. 2. (AB 2638) Effective January 1, 2023.)
(a) Administrators of a school district or the governing body of a charter school shall inform teachers, staff, parents, and pupils about their rights under this chapter, including providing information in pupil and employee handbooks and making the information accessible on the internet website of the school district or charter school.
(b) Administrators of a school district or the governing body of a charter school shall encourage water consumption through promotional and educational activities and signage that focus on the benefits of drinking water and highlight water bottle filling stations throughout schools.
(Added by Stats. 2022, Ch. 793, Sec. 2. (AB 2638) Effective January 1, 2023.)