California Legislature—2015–16 Regular Session

Assembly BillNo. 496


Introduced by Assembly Member Rendon

February 23, 2015


An act to amend Section 38086 of the Education Code, relating to pupil nutrition.

LEGISLATIVE COUNSEL’S DIGEST

AB 496, as introduced, Rendon. Pupil nutrition: fresh drinking water: funding.

Existing law requires a school district to provide access to free, fresh drinking water during meal times in the food service areas of the schools under its jurisdiction, unless the governing board of the school district adopts a resolution stating that it is unable to comply with that requirement, as specified.

This bill would authorize the State Department of Education to receive funds transferred from available state and federal sources, to be allocated to school districts for purposes of complying with the requirement for providing access to drinking water specified above, and would require the department to identify available sources of funding for those purposes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P1    1

SECTION 1.  

(a) The Legislature finds and declares all of the
2following:

P2    1(1) Recent studies show that unsafe drinking water plagues
2school water systems at a startling rate.

3(2) Some schools have sealed pipes and turned off drinking
4fountains due to lead piping and other water system contaminants.

5(3) Limited funding and a growing list of needs to rebuild school
6infrastructure causes the need for clean drinking water to fall by
7the wayside.

8(4) Schools need a one-stop shop where information and funding
9is available for clean drinking water programs.

10(b) It is the intent of the Legislature to build public confidence
11in our state’s water systems, and to ensure that schools serving our
12children have clean water available to pupils at all times.

13

SEC. 2.  

Section 38086 of the Education Code is amended to
14read:

15

38086.  

(a) Except as provided in subdivision (b),begin delete by July 1,
162011,end delete
a school district shall provide access to free, fresh drinking
17water during meal times in the food service areas of the schools
18under its jurisdiction, including, but not necessarily limited to,
19areas where reimbursable meals under the National School Lunch
20Program or the federal School Breakfast Program are served or
21consumed. A school district may comply with this section by,
22among other means, providing cups and containers of water or
23soliciting or receiving donated bottled water.

24(b) The governing board of a school district may adopt a
25resolution stating that it is unable to comply with the requirements
26of this section and demonstrating the reasons why it is unable to
27comply due to fiscal constraints or health and safety concerns. The
28resolution shall be publicly noticed on at least two consecutive
29meeting agendas, first as an information item and second as an
30action item, and approved by at least a majority of the governing
31boardbegin insert of the school districtend insert.

begin insert

32(c) The department may receive funds transferred from any
33available state and federal source, to be allocated by the
34department to school districts for the purpose of complying with
35the requirements of this section. The department shall identify
36available sources of funding, including, but not limited to, funds
37for safe drinking water programs administered by the department,
P3    1the State Department of Public Health, the Department of Water
2Resources, and the State Water Resources Control Board.

end insert


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