BILL ANALYSIS Ó
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: AB 496
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|Author: |Rendon |
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|Version: |5/28/2015 |Hearing |7/15/2015 |
| | |Date: | |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Rachel Machi Wagoner |
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SUBJECT: Pupil nutrition: fresh drinking water: funding.
ANALYSIS:
Existing law:
1) Under the federal Safe Drinking Water Act and California Safe
Drinking Water Act, requires drinking water to meet specified
standards for contamination (maximum contaminant levels) as
set by the United States Environmental Protection Agency (US
EPA) or the State Water Resources Control Board (SWRCB).
2) Under the California Human Right to Water Act states that all
"human beings have the right to safe, clean, affordable, and
accessible water."
3) Requires a school district to provide access to free, fresh
drinking water during meal times in school food service
areas.
4) Authorizes the governing board of a school district to adopt
a resolution stating that it is unable to comply with the
above requirement. The school board must demonstrate the
reasons why it is unable to comply due to fiscal constraints
or health and safety concerns. The resolution must be
publicly noticed on at least 2 consecutive meeting agendas
and approved by at least a majority of the governing board of
the school district.
5) Under the Lead-Safe Schools Protection Act, the California
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Department of Public Health (DPH) is required to perform
various activities related to reducing the risk of exposure
to lead hazards in public schools, including identification
of potential lead exposure risks.
This bill: Requires the California Department of Education
(CDE) to identify available sources of funding to fund school
water quality and infrastructure. Specifically, this bill:
1)Requires the CDE to consult with the State Water Resources
Control Board's (SWRCB) Division of Drinking Water Programs to
identify available sources of funding, including, but not
limited to, funding from Proposition 1, approved by the voters
at the November 4, 2014, statewide General Election; funds for
safe drinking water programs administered by the CDE, the
Department of Public Health, the Department of Water
Resources, and the SWRCB; other state funding; and federal
funding available to fund school water quality and
infrastructure.
2)Requires the CDE to post the information collected on the
CDE's Internet Web site.
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 school districts to use funds received for water
quality projects including, but not limited to, water
treatment, water facilities restructuring, water filling
stations, and maintenance of water facilities.
5)Finds and declares that recent studies show that unsafe
drinking water plagues school water systems at a startling
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rate, that some schools have sealed pipes and turned off
drinking fountains due to lead piping and other water system
contaminants, and that schools need a one-stop shop where
information and funding is available for clean drinking water
programs.
Background
Access to free, fresh water. Current law requires school
districts to provide free, fresh drinking water during meal
times in the food service areas. A school district may provide
cups and containers of water or bottled water to comply with
this requirement. The goal of this provision of law is to
reduce the consumption of sugar-sweetened beverage while
increasing the consumption of water in an effort to reduce
obesity among children.
According to a 2012 study on the water access law conducted by
researchers at the University of California, San Francisco, in
conjunction with the California Food Policy Advocates and
ChangeLab Solutions, one in four schools had not complied with
the law in 2011. Of those that did comply, drinking fountains
were cited as the most common source of free drinking water in
schools. One of the reasons cited by schools for not complying
was concerns about water safety and quality. Among others, the
report recommended facilitating and supporting the development
of good models for purchase, installation, and maintenance of a
range of water delivery systems, from short-term solutions to
permanent solutions, and requiring annual water-quality testing
at the tap of every school's drinking water.
Water quality in schools. According to an Associated Press
evaluation of data from the Environmental Protection Agency,
schools in California reported the most federal drinking water
violations from 1998-2008 in schools with their own water
supplies. The contaminant most frequently identified in water
was coliform bacteria, followed by lead and cooper, arsenic and
nitrates.
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According to the SWRCB "Safe Drinking Water Plan" released in
2014, while the "majority of Californians are drinking water
that meets water quality standards, many small water systems,
both that serve residential communities as well as noncommunity
facilities, such as factories and rural schools, struggle to
achieve compliance." Small water systems have difficulties with
upgrading treatment facilities due to costs.
Comments
Purpose of Bill. The author states, "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 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. Even if water from a local utility is clean,
contamination happens as chemicals such as copper, lead, and
arsenic seep into water supplies from school facilities. Water
served in cafeterias or school water fountains may contain these
harmful chemicals."
Related/Prior Legislation
SB 334 (Leyva) requires a school district that has drinking
water sources with drinking water that does not meet US EPA
drinking water standards for lead or any other contaminant to
close access to those drinking water sources and to provide
alternative drinking water sources, as specified.
SB 1413 (Leno, Chapter 558, Statutes of 2010) 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.
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DOUBLE REFERRAL:
This measure was heard in Senate Education Committee on July 8,
2015, and passed out of committee with a vote of 9-0.
SOURCE: Author
SUPPORT:
California Academy of Family Physicians
California Food Policy Advocates
California School Employees Association, AFL-CIO
California State PTA
Californians Against Waste
Clean Water Action
Community Water Center
Leadership Counsel for Justice and Accountability
Los Angeles Unified School District
MISSION: READINESS
OPPOSITION:
None received
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