BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 496|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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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
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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
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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.
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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
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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
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