BILL ANALYSIS Ó AB 496 Page A CONCURRENCE IN SENATE AMENDMENTS AB 496 (Rendon) As Amended August 31, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: | 80-0 | (June 3, |SENATE: |40-0 | (September 2, | | | |2015) | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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 AB 496 Page B 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 AB 496 Page C 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 AB 496 Page D 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. AB 496 Page E fountains may contain these harmful chemicals." Analysis Prepared by: Sophia Kwong Kim / ED. / (916) 319-2087 FN: 0002002