BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 496|
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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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