BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                              Senator Wieckowski, Chair
                                2015 - 2016  Regular 
           
          Bill No:            AB 2124
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          |Author:    |Eduardo Garcia and Lackey                            |
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          |Version:   |6/23/2016              |Hearing      |6/29/2016       |
          |           |                       |Date:        |                |
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          |Urgency:   |No                     |Fiscal:      |Yes             |
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          |Consultant:|Rachel Machi Wagoner                                 |
          |           |                                                     |
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          SUBJECT:  Water:  testing and reports

            ANALYSIS:
          
          Existing law, 

          Under the California Safe Drinking Water Act (California SDWA), 

          1) Governs drinking water quality and requires the State Water  
             Resources Control Board (SWRCB) to ensure that all public  
             water systems are operated in compliance with the California  
             SDWA.   

          2) Requires a public water system to obtain and provide an  
             analysis of the water to SWRCB as provided. 

          3) A person who knowingly makes a false statement or  
             representation in a report submitted, maintained, or used for  
             purposes of compliance with the California SDWA may be  
             subject to a misdemeanor.

          This bill:  

          1) Requires the public water system 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. 

          2) Requires the public water system to report to SWRCB other  
             information regarding the samples taken at those sites. 







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          3) Requires SWRCB to post this information on its Internet Web  
             site, as provided. 

          4) Requires the public water system to report to SWRCB the  
             public and private schools to which the public water system  
             provides water.  

          5) 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.
            
          Background
          
          1) Drinking water contamination in disadvantaged communities.  
             According to the SWRCB 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 systems, they have been hardest hit.  According  
             to the Public Policy Institute of California (PPIC), 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.

          2) Drinking water contamination in schools:  Schools have also  
             faced challenges in providing safe drinking water.  The  








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             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 - 1,522  
             schools in California experienced at least one MCL violation  
             between 2003-2014, with an estimated 336-534 schools  
             experiencing at least one MCL violation in two or more years  
             during the same time period.  The assessment suggests that  
             arsenic, dibromochloropropanes, trihalomethanes, haloacetic  
             acids, and nitrates were the most commonly occurring school  
             water contaminants during 2003 - 2014, excluding bacterial  
             contaminants.  The study found that schools on their own  
             nontransient, noncommunity water systems appear to be  
             impacted by unsafe drinking water at a higher rate than  
             schools on larger public community water systems.  The study  
             suggests that 42% - 48% of schools that have experienced an  
             MCL violation are in disadvantaged communities (as determined  
             by the top 25% of census tracts identified using the  
             California Communities Environmental Health Screening Tool  
             (CalEnviroScreen 2.0).

          3) 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.  RCAC notes that the  
             point-of-use filtration systems installed on water taps  
             through the Agua4All program were funded by funds allocated  
             from the SWRCB's Clean Up and Abatement Account.   

          4) Recent actions to address drinking water needs:  In December  
             2013, Governor Brown established an interagency drought  
             response team to coordinate drought relief efforts, and in  
             January 2014, he declared a statewide drought emergency.   
             According to the PPIC, the state has recently significantly  
             improved its emergency response for communities lacking  
             drinking water.  The multiple agencies involved have  








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             strengthened coordination to identify needs and deliver help.

             In light of increasing drinking water system failures  
             exasperated by the drought, both the Legislature and the  
             Governor have taken many steps to provide funding for drought  
             relief, including funding for the provision of safe drinking  
             water.  For example, Proposition 1 authorized $7.545 billion  
             in general obligation bonds for water projects, including  
             surface and groundwater storage; ecosystem and watershed  
             protection and restoration; and, drinking water protection.   
             Proposition 1 allocates $260 million for drinking water  
             grants and loans for public water system infrastructure  
             improvements and related actions to meet safe drinking water  
             standards, ensure affordable drinking water, or both.  As of  
             February 1, 2016, about $9 million of this allocation was  
             awarded.

             Additionally, on March 27, 2015, Governor Brown approved a $1  
             billion emergency drought relief package when he signed AB 91  
             (Committee on Budget, Chapter 1, Statutes of 2015) and AB 92  
             (Committee on Budget, Chapter 2, Statutes of 2015).  As a  
             result of the Governor's action, SWRCB approved $19 million  
             in funding from the Cleanup and Abatement Account to meet  
             interim emergency drinking water needs for those communities  
             with a contaminated water supply or which suffer  
             drought-related water outages or threatened emergencies.  In  
             an effort to distribute funds as quickly and efficiently as  
             possible, SWRCB is coordinating with the Regional Water  
             Quality Control Boards, SWRCB's Division of Drinking Water  
             district offices, the Office of Emergency Services,  
             Department of Water Resources, and other stakeholders (e.g.,  
             environmental justice groups, community assistance groups) to  
             identify those communities that are most at risk and require  
             financial assistance.  Approximately $11 million of this  
             funding source has been committed or spent. 

             COMMENTS:
             
          1) Purpose of Bill.  The author states that 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.  According to the author, the  
             most recent state survey, nearly 500 small community water  
             systems and schools haven't supplied safe drinking water to  








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             their communities and schoolchildren for years, or even  
             decades.  The author asserts that these numbers underestimate  
             the problem, because no state agency regularly maps this  
             data.  

             The author argues that adequate water consumption is critical  
             to basic health.  If children and youth do not drink water,  
             they often drink sugary beverages instead which can lead to  
             diseases like type-2 diabetes and childhood obesity.  There  
             also is correlation between educational achievement and  
             hydration. Without water, learning is impaired.  However, if  
             the available water is contaminated, children should not  
             drink it.  Contaminated water is associated with cancer,  
             impaired development, cardiovascular disease, neurotoxicity  
             and diabetes.

             The author states that state and federal laws require that  
             schools provide access to drinking water at school during  
             meal times.  But schools that are just beginning to recover  
             from the recession don't have the resources to install  
             fountains or water bottle filling stations to deliver  
             reliable water to students.  Instead many are struggling to  
             meet this important mandate by providing stopgap measures  
             such as bottled water to students only during lunch time.   
             Students drink less water, schools spend more and it adds to  
             our overburdened waste streams.

          2) SB 334 (Leyva, 2015) would have prohibited drinking water  
             that does not meet the United States Environmental Protection  
             Agency (US EPA) drinking water standards for lead from being  
             provided at a school facility, requires schools that have  
             lead-containing plumbing components to flush all drinking  
             water sources at the beginning of each school day, and  
             deletes the authority for school district governing boards to  
             adopt a resolution stating that it is unable to comply with  
             the requirement to provide access to free, fresh drinking  
             water during meal times in the food service areas.  

             Governor Brown vetoed SB 334 stating "I agree that all  
             California students should have access to safe drinking water  
             but this bill creates a state mandate of uncertain but  
             possibly very large magnitude.

             As our first order of business, local schools should  








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             understand the nature of their water quality problem, if  
             there is one.  Accordingly, I am directing the State Water  
             Resources Control Board to work with school districts and  
             local public water systems to incorporate water quality  
             testing in schools as part of their lead and copper rule.  
             School districts should utilize this information to ensure  
             all students are provided safe water."

             It is not clear, given that just last fall Governor Brown  
             directed SWRCB to work with school districts and public water  
             systems, that enough time has been given for a process to be  
             developed and implemented out of that directive.  It appears  
             that this legislation prematurely sets up a costly and  
             resource intensive reporting process prior to SWRCB working  
             to collect the data requested by the Governor in his SB 334  
             veto message.

            Related/Prior Legislation



          SB 334 (Leyva, 2015) would have prohibited drinking water that  
          does not meet the United States Environmental Protection Agency  
          (US EPA) drinking water standards for lead from being provided  
          at a school facility, requires schools that have lead-containing  
          plumbing components to flush all drinking water sources at the  
          beginning of each schoolday, and deletes the authority for  
          school district governing boards to adopt a resolution stating  
          that it is unable to comply with the requirement to provide  
          access to free, fresh drinking water during meal times in the  
          food service areas.  SB 334 was vetoed by Governor Brown.




          AB 496 (Rendon, Chapter 664, Statutes of 2015) authorizes the  
          California Department of Education (CDE) to receive funds from  
          any available state and federal source, to be allocated to  
          school districts to comply with the existing requirement to  
          provide fresh drinking water during meals.  AB 496 requires the  
          CDE to identify available sources of funding, including funds  
          for safe drinking water programs administered by the CDE, the  
          State Department of Public Health, the Department of Water  
          Resources, and the State Water Resources Control Board.  








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          SB 1413 (Leno, Chapter 558, Statutes of 2010) requires school  
          districts to provide access to free, fresh drinking water during  
          meal times in the food service areas.  School districts may  
          adopt a resolution stating that it is unable to comply with this  
          requirement and demonstrate the reasons why it is unable to  
          comply due to fiscal constraints or health and safety concerns.   

          
          AB 629 (Krekorian, 2009), would have required a school district,  
          by January 1, 2012, to conduct a one-time analysis of the level  
          of lead in water in schools that were constructed before January  
          1, 1993.  The bill was held in the Assembly Appropriations  
          Committee.

          AB 2965 (Krekorian, 2008), would have required a school district  
          to conduct a one-time assessment of water toxicity levels at  
          point of entry and delivery in schools 40 years of age or older.  
           The bill was held in the Assembly Appropriations Committee.

            SOURCE:                    Pueblo Unio
                         Rural Community Assistance Corporation
                         Community Water Center  
          
           SUPPORT:               

          Because this bill was gut and amended on June 20th stakeholders  
          did not have a chance to review and comment prior to  
          finalization of the analysis.  

           OPPOSITION:    

          Because this bill was gut and amended on June 20th stakeholders  
          did not have a chance to review and comment prior to  
          finalization of the analysis.  


           
                                          
                                      -- END --
          









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