BILL ANALYSIS Ó SENATE COMMITTEE ON ENVIRONMENTAL QUALITY Senator Wieckowski, Chair 2015 - 2016 Regular Bill No: AB 2124 ----------------------------------------------------------------- |Author: |Eduardo Garcia and Lackey | ----------------------------------------------------------------- |-----------+-----------------------+-------------+----------------| |Version: |6/23/2016 |Hearing |6/29/2016 | | | |Date: | | |-----------+-----------------------+-------------+----------------| |Urgency: |No |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Rachel Machi Wagoner | | | | ----------------------------------------------------------------- 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. AB 2124 (Eduardo Garcia) Page 2 of ? 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 AB 2124 (Eduardo Garcia) Page 3 of ? 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 AB 2124 (Eduardo Garcia) Page 4 of ? 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 AB 2124 (Eduardo Garcia) Page 5 of ? 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 AB 2124 (Eduardo Garcia) Page 6 of ? 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. AB 2124 (Eduardo Garcia) Page 7 of ? 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 -- AB 2124 (Eduardo Garcia) Page 8 of ?