Amended in Assembly May 4, 2015

Amended in Assembly April 13, 2015

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 amended, 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 consult with the State Water Resources Control Board’s Division of Drinking Water Programs to identify available sources of funding for school water quality andbegin delete infrastructure.end deletebegin insert infrastructure and to post that information on the department’s Internet Web site.end insert The bill would authorize school districts to use these funds for water quality projects including, but not limited to, water treatment, water facilities restructuring, water filling stations, and maintenance of water facilities.

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

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

P2    1

SECTION 1.  

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

3(1) Recent studies show that unsafe drinking water plagues
4school water systems at a startling rate.

5(2) Some schools have sealed pipes and turned off drinking
6fountains due to lead piping and other water system contaminants.

7(3) Limited funding and a growing list of needs to rebuild school
8infrastructure causes the need for clean drinking water to fall by
9the wayside.

10(4) Schools need a one-stop shop where information and funding
11is available for clean drinking water programs.

12(b) It is the intent of the Legislature to build public confidence
13in our state’s water systems, and to ensure that schools serving our
14children have clean water available to pupils at all times.

15

SEC. 2.  

Section 38086 of the Education Code is amended to
16read:

17

38086.  

(a) Except as provided in subdivision (b), a school
18district shall provide access to free, fresh drinking water during
19meal times in the food service areas of the schools under its
20jurisdiction, including, but not necessarily limited to, areas where
21reimbursable meals under the National School Lunch Program or
22the federal School Breakfast Program are served or consumed. A
23school district may comply with this section by, among other
24means, providing cups and containers of water or soliciting or
25receiving donated bottled water.

26(b) The governing board of a school district may adopt a
27resolution stating that it is unable to comply with the requirements
28of this section and demonstrating the reasons why it is unable to
29comply due to fiscal constraints or health and safety concerns. The
30resolution shall be publicly noticed on at least two consecutive
31meeting agendas, first as an information item and second as an
32action item, and approved by at least a majority of the governing
33board of the school district.

P3    1(c) The department may receive funds transferred from any
2available state and federal source, to be allocated by the department
3to school districts for the purpose of complying with the
4requirements of this section. The department shallbegin delete consultend deletebegin insert do both
5of the following:end insert

6begin insert (1)end insertbegin insertend insertbegin insertConsultend insert with the State Water Resources Control Board’s
7Division of Drinking Water Programs to identify available sources
8of funding, including, but not limited to, funding from Proposition
91, approved by the voters at the November 4, 2014, statewide
10general election, funds for safe drinking water programs
11administered by the department, the State Department of Public
12Health, the Department of Water Resources, and the State Water
13Resources Control Board, other state funding, and federal funding
14available to fund school water quality and infrastructure.

begin insert

15(2) Post the information collected pursuant to paragraph (1)
16on the department’s Internet Web site.

end insert

17(d) School districts may use funds received pursuant to
18subdivision (c) for water quality projects including, but not limited
19to, water treatment, water facilities restructuring, water filling
20stations, and maintenance of water facilities.



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