BILL ANALYSIS Ó AB 2124 Page 1 ASSEMBLY THIRD READING AB 2124 (Eduardo Garcia and Lackey) As Amended May 27, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Environmental |7-0 |Alejo, Dahle, Beth | | |Safety | |Gaines, Gray, Lopez, | | | | |McCarty, Ting | | | | | | | |----------------+-----+----------------------+--------------------| |Education |7-0 |O'Donnell, Olsen, | | | | |Kim, McCarty, | | | | |Santiago, Thurmond, | | | | |Weber | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |20-0 |Gonzalez, Bigelow, | | | | |Bloom, Bonilla, | | | | |Bonta, Calderon, | | | | |Chang, Daly, Eggman, | | | | |Gallagher, Eduardo | | | | |Garcia, Roger | | | | |Hernández, Holden, | | | | |Jones, Obernolte, | | | | |Quirk, Santiago, | | AB 2124 Page 2 | | |Wagner, Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Appropriates $10 million from the General Fund to the State Water Resources Control Board (State Water 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. Specifically, this bill: 1)Requires the State Water 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. 2)Authorizes the State Water Board to award grants for: installation of water bottle filling stations; 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; installation of point-of-entry or point-of-use treatment devices; and, plumbing repairs that improve drinking water quality. 3)Requires the State Water Board to, in developing the procedure for awarding grants, set requirements for grant recipients to adopt a program for inspecting and maintaining any water treatment device funded by the grant; establish a maximum grant amount; and, give priority to applicants that serve a very small disadvantaged community and applicants that are served by public water systems that the board finds consistently fail to provide an adequate supply of safe drinking water. 4)Defines "very small disadvantaged community" as a municipality with a population of 10,000 persons or less, or a reasonably AB 2124 Page 3 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% of the statewide annual median household income. 5)Appropriates $10 million, without regard to fiscal years, from the General Fund to the State Water 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. 6)Requires, within six months of the allocation of the funds to local educational agencies, the State Water Board to provide to the appropriate policy and fiscal committees of the Legislature specified data relating to the allocation. EXISTING LAW: 1)Requires, pursuant to the federal "Healthy, Hunger-Free Kids Act of 2010," schools participating in the National School Lunch Program to provide free drinking water where reimbursable meals are served during the meal period. 2)Requires school districts 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 it is unable to comply with this requirement due to fiscal constraints or health and safety concerns. Provides that a school district may comply with the drinking water provision requirement by, among other means, providing cups and containers of water or soliciting or receiving donated bottled water. AB 2124 Page 4 FISCAL EFFECT: According to the Assembly Appropriations Committee, enactment of this bill could result in a one-time general fund appropriation of $10 million to the State Water Board for grants and administration of the program. COMMENTS: According to the author, "An estimated 25% of California schools do not provide free, fresh drinking water to students at meal times every day; despite state and federal laws that require it. Even worse, according to the most recent state survey, nearly 500 small community water systems and schools haven't supplied safe drinking water to their communities and schoolchildren for years, or even decades. We know these numbers underestimate the problem, because no state agency regularly maps this data? AB 2124 will implement the development of a grant program that would award $10 million to improve access and the quality of drinking water in California schools." Drinking water contamination in disadvantaged communities. According to the State Water Board report, Communities that Rely on Contaminated Groundwater, released in January 2013, 682 community public water systems, which serve nearly 21 million people, rely on contaminated groundwater as a primary source of drinking water. The report points out that an additional two million Californians rely on groundwater from either a private domestic well or a smaller groundwater-reliant system that is not regulated by the state, the water quality of which is uncertain. The findings from State Water Board report, and a 2012 UC Davis study, Addressing Nitrate in California's Drinking Water, suggest that drinking water contamination in California disproportionally affects small, rural and low-income communities that depend mostly on groundwater as their drinking water source. The recent drought has further compromised the state's drinking water supplies. Since many rural households rely on shallow domestic wells or small, poorly funded community water supply AB 2124 Page 5 systems, they have been hardest hit. According to the Public Policy Institute of California, as of early July 2015, more than 2,000 dry domestic wells were reported, mostly in the Central Valley and Sierras, with more than half in Tulare County. Emergency water supply needs have also been identified for more than 100 small water community water systems around the state. Drinking water contamination in schools: Schools have also faced challenges in providing safe drinking water. The Community Water Center, in partnership with researchers at Stanford University and California State University, Stanislaus, is currently assessing the prevalence of unsafe water in California public schools. Preliminary results of their assessment suggest that an estimated 813 to 1,522 schools in California experienced at least one drinking water standard violation between 2003-2014, with an estimated 336-534 schools experiencing at least one violation in two or more years during the same time period. The study suggests that 42% - 48% of schools that have experienced a drinking water standard violation are in disadvantaged communities. Safe drinking water provision in schools: Last year, the California Endowment launched Agua4All, a pilot project, in partnership with the nonprofit organizations Rural Community Assistance Corporation (RCAC), Community Water Center, and Pueblo Unido CDC. One of the goals of Agua4All is to install water taps in communities that lack access to safe drinking water. Agua4All has installed 75 water stations in the eastern Coachella Valley, and 71 water stations and 86 point-of-use filters in South Kern County. According to RCAC, now more than 25,000 students have access to safe drinking water that didn't before. The goal of this bill is to build on this local program by creating a funded grant program with statewide eligibility to provide access to safe drinking water in schools. Based on AB 2124 Page 6 their experience in implementing Agua4All, RCAC explains that each tap, such as a water bottle filling station or other place where people can access safe drinking water, costs about $5000 per tap, including point-of-use filtration. Each tap serves an average of 200 students. Taking into account those costs and the number of students served per tap, supporters estimate that the $10 million appropriation in this bill, adjusting for the costs of the administration of the program, could provide safe drinking water at schools for a little less than 400,000 students. Analysis Prepared by: Shannon McKinney / E.S. & T.M. / (916) 319-3965 FN: 0003338