BILL NUMBER: AB 2124	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 20, 2016
	AMENDED IN ASSEMBLY  MAY 27, 2016
	AMENDED IN ASSEMBLY  APRIL 26, 2016
	AMENDED IN ASSEMBLY  APRIL 13, 2016
	AMENDED IN ASSEMBLY  APRIL 5, 2016
	AMENDED IN ASSEMBLY  MARCH 31, 2016
	AMENDED IN ASSEMBLY  MARCH 18, 2016

INTRODUCED BY   Assembly Members Eduardo Garcia and Lackey
   (  Coauthors:   Assembly Members
  Alejo     and
Gonzalez   Coauthor:   Assembly Member 
 Alejo  )

                        FEBRUARY 17, 2016

   An act to  add   amend  Section 
189.3 to the Water Code,   52060 of the Education Code,
and to amend Section 116385 of the Health and Safety Code, 
relating to  water, and making an appropriation therefor.
  water. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2124, as amended, Eduardo Garcia.  State Water
Resources Control Board: grant program for school drinking water.
  Water: testing and reports.  
    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.  
   This 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.  
   Existing 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.  
   This 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.  
   The 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.  
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason. 

   With 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. 

   Existing 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.  
   Existing 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.  
   This 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.  
   The 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.  
   The 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. 
   Vote: majority. Appropriation:  yes   no
 . Fiscal committee: yes. State-mandated local program: 
no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 52060 of the  
Education Code   is amended to read: 
   52060.  (a) On or before July 1, 2014, the governing board of each
school district shall adopt a local control and accountability plan
using a template adopted by the state board.
   (b) A local control and accountability plan adopted by the
governing board of a school district shall be effective for a period
of three years, and shall be updated on or before July 1 of each
year.
   (c) A local control and accountability plan adopted by the
governing board of a school district shall include, for the school
district and each school within the school district,  both
  all  of the following:
   (1) A description of the annual goals, for all pupils and each
subgroup of pupils identified pursuant to Section 52052, to be
achieved for each of the state priorities identified in subdivision
(d) and for any additional local priorities identified by the
governing board of the school district. For purposes of this article,
a subgroup of pupils identified pursuant to Section 52052 shall be a
numerically significant pupil subgroup as specified in paragraphs
(2) and (3) of subdivision (a) of Section 52052.
   (2) A description of the specific actions the school district will
take during each year of the local control and accountability plan
to achieve the goals identified in paragraph (1), including the
enumeration of any specific actions necessary for that year to
correct any deficiencies in regard to the state priorities listed in
paragraph (1) of subdivision (d). The specific actions shall not
supersede the provisions of existing local collective bargaining
agreements within the jurisdiction of the school district. 
   (3) (A) An assessment of the water access points at each school in
the district, including the number, location, and whether the access
points are in good condition. The school district shall also include
goals and actions to address any deficiencies uncovered by the
assessment. The governing board of the school district shall report
progress on addressing the deficiencies in its annual update required
pursuant to subdivision (b).  
   (B) The department shall compile these assessments and transmit
them to the State Water Resources Control Board. 
   (d) All of the following are state priorities:
   (1) The degree to which the teachers of the school district are
appropriately assigned in accordance with Section 44258.9, and fully
credentialed in the subject areas, and, for the pupils they are
teaching, every pupil in the school district has sufficient access to
the standards-aligned instructional materials as determined pursuant
to Section 60119, and school facilities are maintained in good
repair, as defined in subdivision (d) of Section 17002.
   (2) Implementation of the academic content and performance
standards adopted by the state board, including how the programs and
services will enable English learners to access the common core
academic content standards adopted pursuant to Section 60605.8 and
the English language development standards adopted pursuant to former
Section 60811.3, as that section read on June 30, 2013, or Section
60811.4, for purposes of gaining academic content knowledge and
English language proficiency.
   (3) Parental involvement, including efforts the school district
makes to seek parent input in making decisions for the school
district and each individual schoolsite, and including how the school
district will promote parental participation in programs for
unduplicated pupils and individuals with exceptional needs.
   (4) Pupil achievement, as measured by all of the following, as
applicable:
   (A) Statewide assessments administered pursuant to Article 4
(commencing with Section 60640) of Chapter 5 of Part 33 or any
subsequent assessment, as certified by the state board.
   (B) The Academic Performance Index, as described in Section 52052.

   (C) The percentage of pupils who have successfully completed
courses that satisfy the requirements for entrance to the University
of California and the California State University, or career
technical education sequences or programs of study that align with
state board-approved career technical education standards and
frameworks, including, but not limited to, those described in
subdivision (a) of Section 52302, subdivision (a) of Section 52372.5,
or paragraph (2) of subdivision (e) of Section 54692.
   (D) The percentage of English learner pupils who make progress
toward English proficiency as measured by the California English
Language Development Test or any subsequent assessment of English
proficiency, as certified by the state board.
   (E) The English learner reclassification rate.
   (F) The percentage of pupils who have passed an advanced placement
examination with a score of 3 or higher.
   (G) The percentage of pupils who participate in, and demonstrate
college preparedness pursuant to, the Early Assessment Program, as
described in Chapter 6 (commencing with Section 99300) of Part 65 of
Division 14 of Title 3, or any subsequent assessment of college
preparedness.
   (5) Pupil engagement, as measured by all of the following, as
applicable:
   (A) School attendance rates.
   (B) Chronic absenteeism rates.
   (C) Middle school dropout rates, as described in paragraph (3) of
subdivision (a) of Section 52052.1.
   (D) High school dropout rates.
   (E) High school graduation rates.
   (6) School climate, as measured by all of the following, as
applicable:
   (A) Pupil suspension rates.
   (B) Pupil expulsion rates.
   (C) Other local measures, including surveys of pupils, parents,
and teachers on the sense of safety and school connectedness.
   (7) The extent to which pupils have access to, and are enrolled
in, a broad course of study that includes all of the subject areas
described in Section 51210 and subdivisions (a) to (i), inclusive, of
Section 51220, as applicable, including the programs and services
developed and provided to unduplicated pupils and individuals with
exceptional needs, and the programs and services that are provided to
benefit these pupils as a result of the funding received pursuant to
Section 42238.02, as implemented by Section 42238.03.
   (8) Pupil outcomes, if available, in the subject areas described
in Section 51210 and subdivisions (a) to (i), inclusive, of Section
51220, as applicable.
   (e) For purposes of the descriptions required by subdivision (c),
the governing board of a school district may consider qualitative
information, including, but not limited to, findings that result from
school quality reviews conducted pursuant to subparagraph (J) of
paragraph (4) of subdivision (a) of Section 52052 or any other
reviews.
   (f) To the extent practicable, data reported in a local control
and accountability plan shall be reported in a manner consistent with
how information is reported on a school accountability report card.
   (g) The governing board of a school district shall consult with
teachers, principals, administrators, other school personnel, local
bargaining units of the school district, parents, and pupils in
developing a local control and accountability plan.
   (h) A school district may identify local priorities, goals in
regard to the local priorities, and the method for measuring the
school district's progress toward achieving those goals.
   SEC. 2.    Section 116385 of the   Health
and Safety Code   is amended to read: 
   116385.   Any   (a)     A
 person operating a public water system shall obtain and provide
at that person's expense an analysis of the water to the 
department,   state board,  in the form, covering
those matters, and at intervals as the  department 
   state board  by regulation may prescribe. The
analysis shall be performed by a laboratory duly certified by the
 department.   state board.  
   (b) (1) The person shall include samples from schools, day care
facilities, and health care facilities, to the extent that these
locations are within the public water system.  
   (2) This subdivision does not require an increase in the number of
samples a person collects.  
   (c) (1) The person shall report to the state board the date and
results of any sampling at a school, day care facility, and health
care facility, and where relevant, the contents of any notice issued
to the school or day care facility, students, or parents, and any
notices to the health care facility, and any followup action taken to
mitigate contamination.  
   (2) The person operating a public water system shall report to the
state board, in a format and on a frequency determined by the state
board, a list of the public and private schools serving kindergarten
or any of grades 1 to 12, inclusive, to which the public water system
provides water. The state board may also require a person operating
a public water system to identify other facilities that serve
populations, such as young children, that may be sensitive to
drinking water contamination and to which the public water system
provides water.  
   (3) The state board shall post the information contained in
paragraph (1) and information it receives from the State Department
of Education pursuant to subparagraph (B) of paragraph (3) of
subdivision (c) of Section 52060 of the Education Code to its
Internet Web site in a manner that is searchable by school and school
district. The state board shall also include a link to the public
water system's most recent consumer confidence report.  
  SEC. 3.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.  
  SECTION 1.    Section 189.3 is added to the Water
Code, to read:
   189.3.  (a) The board shall 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 board
may award grants under this section for projects that will provide
students and school staff with access to safe drinking water,
including, but not necessarily limited to, any of the following:
   (1) Installation of water bottle filling stations.
   (2) Installation or replacement of drinking water fountains with
devices that are capable of removing any contaminants that are
present in the school's water supply.
   (3) Installation of point-of-entry or point-of-use treatment
devices.
   (4) Plumbing repairs that improve drinking water quality.
   (b) The board shall implement this section by taking actions
including, but not necessarily limited to, the development of
procedures for the submission of applications for grants by local
educational agencies and criteria for the evaluation of these
applications. The actions taken by the board pursuant to this
subdivision shall not be subject to the rulemaking requirements of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
   (c) (1) In developing the procedure for awarding grants, the board
shall do each of the following:
   (A) Set requirements for grant recipients to adopt a program for
inspecting and maintaining any water treatment device funded by the
grant.
   (B) Establish a maximum grant amount.
   (C) Give priority to each of the following:
   (i) Applicants that serve a very small disadvantaged community.
   (ii) Applicants that are served by public water systems that the
board finds consistently fail to provide an adequate supply of safe
drinking water.
   (2) In developing the procedure for awarding grants, the board may
encourage applicants to commit additional resources to the project,
except that the board shall not require matching funds for local
educational agencies serving very small disadvantaged communities or
interfere with the prioritization of grant funding to very small
disadvantaged communities.
   (d) For purposes of this section, "very small disadvantaged
community" means a municipality with a population of 10,000 persons
or less, or a reasonably isolated and divisible segment of a larger
municipality encompassing 10,000 persons or less, with an annual
median household income that is less than 80 percent of the statewide
annual median household income.  
  SEC. 2.    (a) The sum of ten million dollars
($10,000,000) is hereby appropriated, without regard to fiscal years,
from the General Fund to the State Water Resources Control Board for
allocation to local educational agencies as grants to improve access
to, and the quality of, drinking water at public elementary and
secondary schools pursuant to Section 189.3 of the Water Code. The
funds allocated to local educational agencies pursuant to this
section shall supplement, and not supplant, the other state funds
apportioned to these local educational agencies for their support.
   (b) Within six months after the allocation of the funds to local
educational agencies, the State Water Resources Control Board shall
provide to the appropriate policy and fiscal committees of the
Legislature data relating to the allocation that include a summary of
the following:
   (1) The number and percentages of the types of projects funded
pursuant to subdivision (a) of Section 189.3 of the Water Code.
   (2) The average amount of funding per application.
   (3) The geographical distribution of the grants.