BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 496| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 496 Author: Rendon (D) Amended: 8/31/15 in Senate Vote: 21 SENATE EDUCATION COMMITTEE: 9-0, 7/8/15 AYES: Liu, Runner, Block, Hancock, Leyva, Mendoza, Monning, Pan, Vidak SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 7/15/15 AYES: Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 ASSEMBLY FLOOR: 80-0, 6/3/15 - See last page for vote SUBJECT: Pupil nutrition: fresh drinking water: funding SOURCE: Author DIGEST: This bill requires the California Department of Education to consult with the State Department of Public Health, the Department of Water Resources, and the State Water Resources Control Board to identify available sources of funding for school water quality and infrastructure. Senate Floor Amendments of 8/31/15 move the contents of this bill to a new section of the Education Code to avoid chaptering AB 496 Page 2 problems with SB 334 (Leyva). ANALYSIS: Existing federal law, 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. Existing state law: 1)Requires the Board to regulate drinking water and to enforce the federal SDWA, the state 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 Board's Division of Drinking Water Programs 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 law or regulations. 2)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) 3)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) 4)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 AB 496 Page 3 or health and safety concerns. (EC § 38086) This bill: 1)Requires the CDE to consult with the State Department of Public Health, the Department of Water Resources, and the Board 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 the CDE, the Department of Public Health, the Department of Water Resources, and the 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, subject to all laws, guidelines, policies, and applicable criteria, 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. AB 496 Page 4 5)Specifies that nothing in this bill affects criteria established by the Board for funds and funding programs administered by the Board. 6)States legislative findings and declarations relative to poor drinking water quality at schools and limited funding to rebuild the infrastructure of schools. Comments 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 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] FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No SUPPORT: (Verified8/31/15) American Heart Association American Stroke Association California Equity Leaders Network California Food Policy Advocates California School Employees Association California State PTA Californians Against Waste Clean Water Action Community Clinic Association of Los Angeles County Community Water Center Leadership Counsel for Justice and Accountability Los Angeles Unified School District Mission: Readiness AB 496 Page 5 Santa Clara Valley Water District School Energy Coalition OPPOSITION: (Verified8/31/15) None received ARGUMENTS IN SUPPORT: According to the California Food Policy Advocates, "in 2010, California enacted SB 1413, which requires schools to provide students with access to free, fresh drinking water during meal times in school food service areas. Even when water from a local utility is safe to drink, aging school infrastructure can cause contaminants, such as lead, to seep into a school's water supply. It is important that the state prioritize resources to help improve water infrastructure in schools. By allowing CDE to receive and allocate funds from multiple state and federal sources, AB 496 creates a one-stop shop where school districts can find available funding for safe drinking water programs." ASSEMBLY FLOOR: 80-0, 6/3/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins Prepared by:Lynn Lorber / ED. / (916) 651-4105 9/1/15 20:29:48 **** END **** AB 496 Page 6