BILL ANALYSIS                                                                                                                                                                                                    Ó






                                                                     AB 496


                                                                     Page A


          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          496 (Rendon)


          As Amended  August 31, 2015


          Majority vote


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          |ASSEMBLY:  | 80-0 | (June 3,      |SENATE: |40-0  | (September 2,   |
          |           |      |2015)          |        |      |2015)            |
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          Original Committee Reference:  ED.




          SUMMARY:  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 Department of  
            Public Health, the Department of Water Resources, and the  
            State Water Resources Control Board (SWRCB) 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  











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            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)Specifies that subject to all laws, guidelines, policies, and  
            criteria applicable to the funds, school districts may 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)Specifies that nothing in this bill affects criteria  
            established by the SWRCB for funds and funding programs  
            administered by the SWRCB.


          6)Finds and declares that recent studies show that unsafe  
            drinking water plagues school water systems at a startling  
            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.


          The Senate amendments require the CDE to consult with the State  
          Department of Public Health and the Department of Water  











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          Resources in addition to the SWRCB; specify that school  
          districts may use funds subject to all laws, guidelines,  
          policies and criteria applicable to the funds; specify that  
          nothing in this bill affects the funds and funding programs  
          administered by the SWRCB; and insert this bill's provisions in  
          a new code section to avoid chaptering out problems with another  
          bill.  


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.  
           


          COMMENTS:  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.  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.  


          What does this bill do?  This bill requires the CDE to consult  
          with the State Department of Public Health, the Department of  
          Water Resources, and the SWRCB to identify available funding  
          sources that schools can access to improve drinking water  
          quality.  Some of the funding sources the CDE is required to  











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          explore include Proposition 1, the water bond passed by voters  
          in November 2014, which provided $520 million for expenditures,  
          grants, and loans for projects that improve water quality or  
          help provide clean, safe, and reliable drinking water to all  
          Californians.  The bill also requires the CDE to post the  
          information on its Internet Web site.  


          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 to 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.<1>  According to the SWRCB, 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.<2>"  
           Small water systems have difficulties with upgrading treatment  
          facilities due to costs.  


          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  
          ---------------------------


          <1>


           "Drinking Water Unsafe at Thousands of Schools," Associated  
          Press, September 25, 2009.  
          <2> "Safe Drinking Water Plan for California (draft)," State  
          Water Resources Control Board, October 2014.










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          fountains may contain these harmful chemicals."  


          Analysis Prepared by:                                             
                          Sophia Kwong Kim / ED. / (916) 319-2087  FN:  
          0002002