BILL NUMBER: AB 496	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  (a) The Legislature finds and declares all of the
following:
   (1) Recent studies show that unsafe drinking water plagues school
water systems at a startling rate.
   (2) Some schools have sealed pipes and turned off drinking
fountains due to lead piping and other water system contaminants.
   (3) Limited funding and a growing list of needs to rebuild school
infrastructure causes the need for clean drinking water to fall by
the wayside.
   (4) Schools need a one-stop shop where information and funding is
available for clean drinking water programs.
   (b) It is the intent of the Legislature to build public confidence
in our state's water systems, and to ensure that schools serving our
children have clean water available to pupils at all times.
  SEC. 2.  Section 38086 of the Education Code is amended to read:
   38086.  (a) Except as provided in subdivision (b),  by
July 1, 2011,  a school district shall provide access to
free, fresh drinking water during meal times in the food service
areas of the schools under its jurisdiction, including, but not
necessarily limited to, areas where reimbursable meals under the
National School Lunch Program or the federal School Breakfast Program
are served or consumed. A school district may comply with this
section by, among other means, providing cups and containers of water
or soliciting or receiving donated bottled water.
   (b) The governing board of a school district may adopt a
resolution stating that it is unable to comply with the requirements
of this section and demonstrating the reasons why it is unable to
comply due to fiscal constraints or health and safety concerns. The
resolution shall be publicly noticed on at least two consecutive
meeting agendas, first as an information item and second as an action
item, and approved by at least a majority of the governing board
 of the school district  . 
   (c) The department may receive funds transferred from any
available state and federal source, to be allocated by the department
to school districts for the purpose of complying with the
requirements of this section. The department shall identify available
sources of funding, including, but not limited to, funds for safe
drinking water programs administered by the department, the State
Department of Public Health, the Department of Water Resources, and
the State Water Resources Control Board.