BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 496
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|Author: |Rendon |
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|Version: |May 28, 2015 Hearing |
| |Date: July 8, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant: |Lynn Lorber |
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Subject: Pupil nutrition: fresh drinking water: funding
NOTE: This bill has been referred to the Committees on
Education and Environmental Quality. A "do pass" motion should
include referral to the Committee on Environmental Quality.
SUMMARY
This bill requires the California Department of Education to
consult with the State Water Resources Control Board to identify
available sources of funding for school water quality and
infrastructure.
BACKGROUND
The federal Safe Drinking Water Act (SDWA) authorizes the United
States Environmental Protection Agency to set standards for
drinking water quality and to oversee the states, localities and
water suppliers who implement those standards. The California
SDWA requires the State Water Resources Control Board to
regulate drinking water and to enforce the federal SDWA and
other related regulations. The duties and responsibilities
related to the regulation and oversight of drinking water were
transferred from the California Department of Public Health to
the State Water Resources Control Board in 2014. (Health and
Safety Code § 116270, et seq.)
The State Water Resources Control Board's Division of Drinking
water regulates over 8,000 public water systems by inspecting
the systems, issuing permits, taking enforcement actions and
implementing new requirements due to changes in federal or state
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law or regulations.
Existing law:
1)Requires schools that receive notification from a public water
system regarding non-compliance with any primary drinking
water standard or a violation of monitoring requirements, to
notify school employees, students and parents. (HSC § 116450)
2)Requires interior and exterior drinking fountains to be
functional, accessible, and free of leaks, and with adequate
water pressure. Drinking fountain water must be clear and
without unusual taste or odor, and have no evidence of moss,
mold, or excessive staining. Drinking fountains must appear
to have been cleaned each day that the school is in session.
(Education Code § 17002)
3)Requires school districts to provide access to free, fresh
drinking water during meal times in the food service areas.
School districts may adopt a resolution stating that it is
unable to comply with this requirement and demonstrate the
reasons why it is unable to comply due to fiscal constraints
or health and safety concerns.
(EC § 38086)
ANALYSIS
This bill requires the California Department of Education (CDE)
to consult with the State Water Resources Control Board to
identify available sources of funding for school water quality
and infrastructure. Specifically, this bill:
1)Requires the CDE to consult with the State Water Resources
Control Board's Division of Drinking Water Programs to
identify available sources of funding, including, but not
limited to
a) Funding from Proposition 1, approved in the November 4,
2014, statewide General Election.
b) Funds for safe drinking water programs administered by
AB 496 (Rendon) Page 3
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the CDE, the Department of Public Health, the Department of
Water Resources, and the State Water Resources Control
Board.
c) Other state funding.
d) Federal funding available to fund school water quality
and infrastructure.
2)Requires the CDE to post the information collected on the
CDE's website.
3)Authorizes the CDE to receive funds transferred from any
available state and federal source, to be allocated by the CDE
to school districts for the purpose of complying with the
requirement for schools to provide access to free, fresh
drinking water during meal time.
4)Authorizes funds received to provide access to free, fresh
drinking water to be used for water quality projects
including, but not limited to, water treatment, water
facilities restructuring, water filling stations, and
maintenance of water facilities.
5)States legislative findings and declarations relative to poor
drinking water quality at schools and limited funding to
rebuild the infrastructure of schools.
STAFF COMMENTS
1)Need for the bill. According to the author, "Recent studies show
unsafe drinking water plagues school water systems at a
startling rate. Some schools sealed pipes and turned off
drinking water sources due to lead piping and other water
system contaminants. Limited funding and a growing list of
needs to repair school infrastructure causes clean drinking
water to fall to the wayside. School districts may be unaware
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of various state and federal funding streams available to
them. Districts need a one-stop shop where information and
funding is available for clean drinking water programs."
2)Funds for safe drinking water programs. This bill requires the
identification of available sources of funding, including
funds for safe drinking water programs administered by the
California Department of Education (CDE). Information on
CDE's website relative to safe drinking water programs
includes a link relative to school facilities funding through
the State Allocation Board; school facilities funds are not
currently available for safe drinking water programs, as those
funds have been fully expended and will not be replenished
until a school facilities bond is approved.
http://www.cde.ca.gov/ls/nu/he/water.asp
3)Survey of schools. Current law requires the State Department of
Health Services (now called the Department of Public Health)
to conduct a sample survey of schools to determine the likely
extent and distribution of lead exposure to children from
paint on the school, soil in play areas at the school,
drinking water at the tap, and other potential sources. The
Department of Health Services conducted a study, beginning in
1994, of the extent of lead contamination in paint, soil and
water in California schools. Data was collected from 200
randomly selected schools between 1995 and 1997; the report
was submitted to the Legislature in 1998. The report states:
The United States Environmental Protection Agency
(USEPA) has set the action level for lead in
drinking water at 15 parts lead per billion (ppb)
parts water. The action recommended by USEPA is
to remove the drinking water outlet from service
immediately until the lead content falls below
the action level. Study data indicate that an
estimated 18.1 percent of California schools are
likely to have lead in drinking water at or above
the federal action level. Lead exceeding this
level was found at 10.5 percent of schools where
the sampled outlet had been used within 24 hours
of testing. These findings indicate that in some
situations drinking water from school water
outlets could contribute to children's lead
exposure, and demonstrate a need for monitoring
lead from drinking water outlets in schools.
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Water from outlets that have been left standing
for 24 hours are generally more likely to contain
higher lead levels than water from outlets that
have recently been flushed. However, within the
study, this flushing procedure did not always
reduce lead content to below the action level.
The age of the school was not a significant
factor in the amount of lead in drinking water.
http://files.eric.ed.gov/fulltext/ED462820.pdf
Current law required the Department of Health Services to work
with the CDE to develop guidelines to ensure that lead hazards
are minimized in the course of school repair and maintenance
and abatement procedures. These guidelines were never
developed.
4)Los Angeles Unified. The Los Angeles Unified School District
(LAUSD) requires all drinking water fountains, faucets and
food service faucets to be flushed for a minimum of 30 seconds
prior to the first use each day. Reference Guide REF-3930.3
states:
Water that remains stationary within standard
piping for extended periods of time can leach
lead out of pipes joined with lead-containing
solder as well as brass fixtures or galvanized
pipes. Flushing fixtures has been found to be an
effective means of reducing lead levels below the
Action Level set by the Environmental Protection
Agency. Based on past studies and current data,
all drinking water fountains, faucets and food
service faucets must be flushed for a minimum of
30 seconds prior to the first use each day.
Faucets not used for human consumption which are
labeled "Hand Wash Only" or "Laboratory Use Only"
are not required to be flushed daily.
http://www.lausd-oehs.org/docs/ReferenceGuides/REF
-3930.pdf
According to the Los Angeles Unified School District
(LAUSD), the district tested drinking fountains for lead
annually between 1988 and 2009, but halted testing due to
budget reductions. In 2013, the LAUSD Board of Education
requested an audit titled "Maintaining School Cleanliness
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and Safety" after the board expressed concerns about the
effectiveness of the district's cleanliness, safety and
custodial programs due to the declining budget for
maintenance and operations.
One of the audit's objectives was to assess the daily
flushing of drinking fountains. The audit found, of the
35 schoolsites visited, 23 had drinking fountains inside
the classroom; six of the 23 schoolsites did not flush
the drinking faucets for a minimum of 30 seconds prior to
the first use each day. The audit also found that,
although the classroom drinking faucets had not been
flushed, the administrators at the six schoolsites had
certified that all applicable fixtures had been flushed.
http://notebook.lausd.net/pls/ptl/docs/PAGE/CA_LAUSD/FLDR_
ORGANIZATIONS/FLDR_OIG_PUBLICATIONS_AUDIT_REPORTS/13512MAI
NTINSCHOOLCLEANLINESS.PDF
The LAUSD reports it has replaced drinking fountains at
200 schoolsites at a cost of $15,000 - $20,000 per
drinking fountain.
5)Fiscal impact. According to the Assembly Appropriations
Committee, this bill would impose General Fund administrative
costs to California Department of Education of approximately
$400,000, to research available resources, consult with the
appropriate outside agencies and perform other administrative
tasks related to the identification and provision of funds for
school water quality and infrastructure.
6)Related legislation. SB 334 (Leyva, 2015) requires the State
Department of Public Health to test drinking water resources
at a sample of schoolsites for lead in the drinking water,
prohibits drinking water that does not meet the United States
Environmental Protection Agency drinking water standards for
lead from being provided at a school facility. SB 334 is
pending in the Assembly Environmental Quality Committee.
SUPPORT
American Heart Association
American Stroke Association
California Food Policy Advocates
California School Employees Association
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California State PTA
Community Clinic Association of Los Angeles County
Los Angeles Unified School District
Santa Clara Valley Water District
OPPOSITION
None received.
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