AB 2124,
as amended, Eduardo Garcia. begin deleteState Water Resources Control Board: grant program for school drinking water. end deletebegin insertWater: testing and reports.end insert
Existing law, the California Safe Drinking Water Act, governs drinking water quality and requires the State Water Resources Control Board (state board) to ensure that all public water systems are operated in compliance with the act. The act requires a person operating a public water system to obtain and provide an analysis of the water to the state board, as provided. Under the act, a person who knowingly makes a false statement or representation in a report submitted, maintained, or used for purposes of compliance with the act may be subject to a misdemeanor.
end insertbegin insertThis bill would require the person to include in the analysis samples from schools, day care facilities, and health care facilities, to the extent those locations are within the public water system. The bill would require the person to report to the state board other information regarding the samples taken at those sites. The bill would require the state board to post this information on its Internet Web site, as provided. The bill would also require the person to report to the state board the public and private schools to which the public water system provides water. Because a misstatement in these reports could be a crime under the provision described above, this bill would impose a state-mandated local program by expanding the scope of a crime.
end insertbegin insertExisting law requires the governing board of each school district to adopt a local control and accountability plan as provided and to annually update this plan. Existing law requires the plan to include certain elements.
end insertbegin insertThis bill would require the plan to also include an assessment of the water access points at each school in the school district, including the number, location, and whether the access points are in good condition, among other things. The bill would require the governing board of the school district to report progress on addressing any deficiencies in its annual update to the local control accountability plan. By imposing new duties on the governing board of a school district, the bill would create a state-mandated local program. The bill would require the State Department of Education to share this information with the state board, for the board to post on its Internet Web site.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
end insertbegin insertWith regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
end insertExisting law requires a school district to provide access to free, fresh drinking water during meal times in school food service areas, 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.
end deleteExisting law, the California Safe Drinking Water Act, governs drinking water quality and requires the State Water Resources Control Board to ensure that all public water systems are operated in compliance with the act. Among other things, the act requires the board to adopt primary drinking water standards for contaminants in drinking water, as specified.
end deleteThis bill would require the board to establish a grant program to award grants to public elementary and secondary schools to improve access to, and the quality of, drinking water at those schools. The bill would specify various types of projects that will provide students and school staff with access to safe drinking water for which these grants could be awarded. The bill would require the board to give priority to applicants that serve a very small disadvantaged community, as defined, and applicants that are served by public water systems that the board finds consistently fail to provide an adequate supply of safe drinking water. The bill would require the board to develop procedures for the submission of applications for grants by local educational agencies and criteria for the evaluation of these applications, as specified.
end deleteThe bill would appropriate $10,000,000, without regard to fiscal years, from the General Fund to the board for allocation to local educational agencies as grants made pursuant to the bill. The bill would provide that funds allocated to local educational agencies pursuant to this bill would supplement, and not supplant, the other state funds apportioned to these local educational agencies for their support. To the extent that the funds appropriated by this bill are allocated to school districts, the amount of these funds would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.
end deleteThe bill would require the board to provide to the appropriate policy and fiscal committees of the Legislature certain data within 6 months after the allocation of the funds appropriated by the bill to local educational agencies.
end deleteVote: majority.
Appropriation: begin deleteyes end deletebegin insertnoend insert.
Fiscal committee: yes.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 52060 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert
(a) On or before July 1, 2014, the governing board of
4each school district shall adopt a local control and accountability
5plan using a template adopted by the state board.
6(b) A local control and accountability plan adopted by the
7governing board of a school district shall be effective for a period
8of three years, and shall be updated on or before July 1 of each
9year.
10(c) A local control and accountability plan adopted by the
11governing board of a school district shall include, for the school
12district and each school within the school district,begin delete bothend deletebegin insert
allend insert of the
13following:
14(1) A description of the annual goals, for all pupils and each
15subgroup of pupils identified pursuant to Section 52052, to be
16achieved for each of the state priorities identified in subdivision
17(d) and for any additional local priorities identified by the
18governing board of the school district. For purposes of this article,
19a subgroup of pupils identified pursuant to Section 52052 shall be
20a numerically significant pupil subgroup as specified in paragraphs
21(2) and (3) of subdivision (a) of Section 52052.
22(2) A description of the specific actions the school district will
23take during each year of the local control and accountability plan
24to achieve the goals identified in paragraph (1), including the
25enumeration of any specific actions necessary for that year to
26correct any deficiencies in regard to the state
priorities listed in
27paragraph (1) of subdivision (d). The specific actions shall not
28supersede the provisions of existing local collective bargaining
29agreements within the jurisdiction of the school district.
30
(3) (A) An assessment of the water access points at each school
31in the district, including the number, location, and whether the
32access points are in good condition. The school district shall also
33include goals and actions to address any deficiencies uncovered
34by the assessment. The governing board of the school district shall
P5 1report progress on addressing the deficiencies in its annual update
2required pursuant to subdivision (b).
3
(B) The department shall compile
these assessments and transmit
4them to the State Water Resources Control Board.
5(d) All of the following are state priorities:
6(1) The degree to which the teachers of the school district are
7appropriately assigned in accordance with Section 44258.9, and
8fully credentialed in the subject areas, and, for the pupils they are
9teaching, every pupil in the school district has sufficient access to
10the standards-aligned instructional materials as determined pursuant
11to Section 60119, and school facilities are maintained in good
12repair, as defined in subdivision (d) of Section 17002.
13(2) Implementation of the academic content and performance
14standards adopted by the state board, including how the programs
15and services will enable English learners to access the common
16core academic content standards
adopted pursuant to Section
1760605.8 and the English language development standards adopted
18pursuant to former Section 60811.3, as that section read on June
1930, 2013, or Section 60811.4, for purposes of gaining academic
20content knowledge and English language proficiency.
21(3) Parental involvement, including efforts the school district
22makes to seek parent input in making decisions for the school
23district and each individual schoolsite, and including how the
24school district will promote parental participation in programs for
25unduplicated pupils and individuals with exceptional needs.
26(4) Pupil achievement, as measured by all of the following, as
27applicable:
28(A) Statewide assessments administered pursuant to Article 4
29(commencing with Section 60640) of Chapter 5 of Part 33 or any
30subsequent assessment, as certified by
the state board.
31(B) The Academic Performance Index, as described in Section
3252052.
33(C) The percentage of pupils who have successfully completed
34courses that satisfy the requirements for entrance to the University
35of California and the California State University, or career technical
36education sequences or programs of study that align with state
37board-approved career technical education standards and
38frameworks, including, but not limited to, those described in
39subdivision (a) of Section 52302, subdivision (a) of Section
4052372.5, or paragraph (2) of subdivision (e) of Section 54692.
P6 1(D) The percentage of English learner pupils who make progress
2toward English proficiency as measured by the California English
3Language Development Test or any subsequent assessment of
4English proficiency, as certified by the state
board.
5(E) The English learner reclassification rate.
6(F) The percentage of pupils who have passed an advanced
7placement examination with a score of 3 or higher.
8(G) The percentage of pupils who participate in, and demonstrate
9college preparedness pursuant to, the Early Assessment Program,
10as described in Chapter 6 (commencing with Section 99300) of
11Part 65 of Division 14 of Title 3, or any subsequent assessment of
12college preparedness.
13(5) Pupil engagement, as measured by all of the following, as
14applicable:
15(A) School attendance rates.
16(B) Chronic absenteeism rates.
17(C) Middle school dropout rates, as described in paragraph (3)
18of subdivision (a) of Section 52052.1.
19(D) High school dropout rates.
20(E) High school graduation rates.
21(6) School climate, as measured by all of the following, as
22applicable:
23(A) Pupil suspension rates.
24(B) Pupil expulsion rates.
25(C) Other local measures, including surveys of pupils, parents,
26and teachers on the sense of safety and school connectedness.
27(7) The extent to which pupils have access to, and are enrolled
28in, a broad course of study that includes all of the subject areas
29
described in Section 51210 and subdivisions (a) to (i), inclusive,
30of Section 51220, as applicable, including the programs and
31services developed and provided to unduplicated pupils and
32individuals with exceptional needs, and the programs and services
33that are provided to benefit these pupils as a result of the funding
34received pursuant to Section 42238.02, as implemented by Section
3542238.03.
36(8) Pupil outcomes, if available, in the subject areas described
37in Section 51210 and subdivisions (a) to (i), inclusive, of Section
3851220, as applicable.
39(e) For purposes of the descriptions required by subdivision (c),
40the governing board of a school district may consider qualitative
P7 1information, including, but not limited to, findings that result from
2school quality reviews conducted pursuant to subparagraph (J) of
3paragraph (4) of subdivision (a) of Section 52052 or any other
4reviews.
5(f) To the extent practicable, data reported in a local control and
6accountability plan shall be reported in a manner consistent with
7how information is reported on a school accountability report card.
8(g) The governing board of a school district shall consult with
9teachers, principals, administrators, other school personnel, local
10bargaining units of the school district, parents, and pupils in
11developing a local control and accountability plan.
12(h) A school district may identify local priorities, goals in regard
13to the local priorities, and the method for measuring the school
14district’s progress toward achieving those goals.
begin insertSection 116385 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
16amended to read:end insert
begin deleteAny end deletebegin insert(a)end insertbegin insert end insertbegin insertA end insertperson operating a public water system
18shall obtain and provide at that person’s expense an analysis of
19the water to thebegin delete department,end deletebegin insert state board,end insert in the form, covering
20those matters, and at intervals as thebegin delete departmentend deletebegin insert
state boardend insert
by
21regulation may prescribe. The analysis shall be performed by a
22laboratory duly certified by thebegin delete department.end deletebegin insert state board.end insert
23
(b) (1) The person shall include samples from schools, day care
24facilities, and health care facilities, to the extent that these
25locations are within the public water system.
26
(2) This subdivision does not require an increase in the number
27of samples a person collects.
28
(c) (1) The person shall report to the state board the date and
29results of any sampling at a school, day care facility, and health
30care facility, and where relevant, the contents of any notice issued
31to the school or day care facility, students, or parents, and any
32notices to the health care facility, and any followup action taken
33to mitigate contamination.
34
(2) The person operating a public water system shall report to
35the state board, in a format and on a frequency determined by the
36state board, a list of the public and private schools serving
37kindergarten or any of grades 1 to 12, inclusive, to which the public
38water system provides water. The state board may also require a
39person operating a public water system to identify other facilities
40that serve
populations, such as young children, that may be
P8 1sensitive to drinking water contamination and to which the public
2water system provides water.
3
(3) The state board shall post the information contained in
4paragraph (1) and information it receives from the State
5Department of Education pursuant to subparagraph (B) of
6paragraph (3) of subdivision (c) of Section 52060 of the Education
7Code to its Internet Web site in a manner that is searchable by
8school and school district. The state board shall also include a
9link to the public water system’s most recent consumer confidence
10report.
No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution for certain
13costs that may be incurred by a local agency or school district
14because, in that regard, this act creates a new crime or infraction,
15eliminates a crime or infraction, or changes the penalty for a crime
16or infraction, within the meaning of Section 17556 of the
17Government Code, or changes the definition of a crime within the
18meaning of Section 6 of Article XIII B of the California
19Constitution.
20
However, if the Commission on State Mandates determines that
21this act contains other costs mandated by the state, reimbursement
22to local agencies and school districts for those costs shall be made
23pursuant to Part 7 (commencing with Section 17500) of Division
244 of Title 2 of the Government Code.
Section 189.3 is added to the Water Code, to
26read:
(a) The board shall establish a grant program to award
28grants to public elementary and secondary schools to improve
29access to, and the quality of, drinking water at those schools. The
30board may award grants under this section for projects that will
31provide students and school staff with access to safe drinking
32water, including, but not necessarily limited to, any of the
33following:
34(1) Installation of water bottle filling stations.
35(2) Installation or replacement of drinking water fountains with
36devices that are capable of removing any contaminants that are
37present in the school’s water supply.
38(3) Installation of point-of-entry or point-of-use treatment
39devices.
40(4) Plumbing repairs that improve drinking water quality.
P9 1(b) The board shall implement this section by taking actions
2including, but not necessarily limited to, the development of
3procedures for the submission of applications for grants by local
4educational agencies and criteria for the evaluation of these
5applications. The actions taken by the board pursuant to this
6subdivision shall not be subject to the rulemaking requirements of
7Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
83 of Title 2 of the Government Code.
9(c) (1) In developing the procedure for awarding grants, the
10board shall do each of the following:
11(A) Set requirements for grant recipients to adopt a program for
12inspecting and maintaining any water treatment device funded by
13the grant.
14(B) Establish a maximum grant amount.
15(C) Give priority to each of the following:
16(i) Applicants that serve a very small disadvantaged community.
17(ii) Applicants that are served by public water systems that the
18board finds consistently fail to provide an adequate supply of safe
19drinking water.
20(2) In developing the procedure for awarding grants, the board
21may encourage applicants to commit additional resources to the
22project, except that the board shall not require matching funds for
23local educational agencies serving very small disadvantaged
24communities or interfere with the prioritization of grant funding
25to very small disadvantaged communities.
26(d) For purposes of this section, “very small disadvantaged
27community” means a municipality with a population of 10,000
28persons or less, or a reasonably isolated and divisible segment of
29a larger municipality
encompassing 10,000 persons or less, with
30an annual median household income that is less than 80 percent
31of the statewide annual median household income.
(a) The sum of ten million dollars ($10,000,000) is
33hereby appropriated, without regard to fiscal years, from the
34General Fund to the State Water Resources Control Board for
35allocation to local educational agencies as grants to improve access
36to, and the quality of, drinking water at public elementary and
37secondary schools pursuant to Section 189.3 of the Water Code.
38The funds allocated to local educational agencies pursuant to this
39section shall supplement, and not supplant, the other state funds
40apportioned to these local educational agencies for their support.
P10 1(b) Within six months after the allocation of the funds to local
2educational
agencies, the State Water Resources Control Board
3shall provide to the appropriate policy and fiscal committees of
4the Legislature data relating to the allocation that include a
5summary of the following:
6(1) The number and percentages of the types of projects funded
7pursuant to subdivision (a) of Section 189.3 of the Water Code.
8(2) The average amount of funding per application.
9(3) The geographical distribution of the grants.
O
92