Amended in Assembly March 31, 2016

Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2124


Introduced by Assembly Member Eduardo Garcia

February 17, 2016


An act to add Sectionbegin delete 38087end deletebegin insert 189.4end insert to thebegin delete Educationend deletebegin insert Waterend insert Code, relating to schoolbegin delete facilities.end deletebegin insert facilities, and making an appropriation therefor.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2124, as amended, Eduardo Garcia. School facilities: waterbegin insert bottleend insert filling stations:begin insert State Water Resources Control Boardend insert grant program.

Existing law requires a school district to provide access to free, fresh drinking water during meal times in school food service areas by July 1, 2011, unless the governing board of a school district adopts a resolution stating that it is unable to comply with this requirement and demonstrating the reasons why it is unable to comply due to fiscal constraints or health and safety concerns.begin insert Existing law establishes the State Water Resources Control Board as a state agencend insertbegin inserty with authority over matters relating to water quality.end insert

This bill would require thebegin delete State Department of Educationend deletebegin insert state boardend insert to establish, by regulation, a grant program for local educational agencies to install new waterbegin insert bottleend insert filling stations on school campuses or to replace existing water fountains on school campuses with new waterbegin insert bottleend insert filling stations. The bill wouldbegin delete provide that its provisions shall not be implemented unless funding is provided for its purposes in the annual Budget Act or another statute.end deletebegin insert appropriate $10,000,000 from the General Fund to the state board for allocation to local educational agencies for these purposes and would require the funds to supplement, not supplant, other state funds apportioned to those local educational agencies for their support. The bill would also provide that the funds appropriated by this bill would be applied to the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.end insert

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 189.4 is added to the end insertbegin insertWater Codeend insertbegin insert, to read:end insert

begin insert
2

begin insert189.4.end insert  

(a) The board shall establish, by regulation, a grant
3program for local educational agencies to install new water bottle
4filling stations on school campuses.

5
(b) Grant recipients may use grant funds only to install new
6water bottle filling stations on school campuses or to replace
7existing water fountains on school campuses with new water bottle
8filling stations.

9
(c) For purposes of this section, “local educational agencies”
10include school districts, charter schools, and county offices of
11education.

end insert
12begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

(a) The sum of ten million dollars ($10,000,000) is
13hereby appropriated from the General Fund to the State Water
14Resources Control Board for allocation to local educational
15agencies pursuant to Section 189.4 of the Water Code.

end insert
begin insert

16
(b) The funds allocated to local educational agencies pursuant
17to this section shall supplement, and not supplant, other state funds
18apportioned to these local educational agencies for their support.

end insert
begin insert

19
(c) For purposes of making the computations required by Section
208 of Article XVI of the California Constitution, the funds
21appropriated pursuant to this section shall be deemed to be
22“General Fund revenues appropriated for school districts,” as
23defined in subdivision (c) of Section 41202 of the Education Code,
24and included within the “total allocations to school districts and
25community college districts from General Fund proceeds of taxes
26appropriated pursuant to Article XIII B,” as defined in subdivision
27(e) of Section 41202 of the Education Code.

end insert
begin delete
P3    1

SECTION 1.  

Section 38087 is added to the Education Code,
2to read:

3

38087.  

(a) The department shall establish, by regulation, a
4grant program for local educational agencies to install new water
5filler stations on school campuses.

6(b) Grant recipients may use grant funds only to install new
7water filling stations on school campuses or to replace existing
8water fountains on school campuses with new water filling stations.

9(c) For purposes of this section, “local educational agencies”
10include school districts, charter schools, and county offices of
11education.

12(d) This section shall not be implemented unless funding is
13provided for its purposes in the annual Budget Act or another
14 statute.

end delete


O

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