Senate BillNo. 334


Introduced by Senator Leyva

February 23, 2015


An act to amend Section 38086 of, and to add Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of, the Education Code, relating to pupil nutrition.

LEGISLATIVE COUNSEL’S DIGEST

SB 334, as introduced, Leyva. Pupil nutrition: drinking water.

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 requires the resolution to be publicly noticed on at least 2 consecutive meeting agendas and approved by at least a majority of the governing board of the school district.

This bill would delete the provision authorizing a school district to adopt a resolution stating that it is unable to provide access to free, fresh drinking water during meal times. The bill would instead specify that a school district shall provide access to free, fresh, clean, and cold drinking water during meal times through the use of drinking water access points, as defined. The bill also would require a school district to provide access to free, fresh, clean, and cold drinking water throughout the schoolday, including, but not limited to, during recreation times, as specified. By imposing additional duties on school districts, this bill would impose a state-mandated local program.

This bill would require a school district to, before the beginning of each school year, test, or provide for the testing of, drinking water for contaminants to ensure the drinking water meets specified drinking water quality standards, as provided. If the drinking water does not meet the specified drinking water quality standards, the bill would require a school district to provide alternative sources of free, fresh, clean, and cold drinking water to pupils. The bill also would require schools to provide public notices of the drinking water quality test results, as specified. By imposing additional duties on schools and school districts, this bill would impose a state-mandated local program.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 38086 of the Education Code is amended
2to read:

3

38086.  

(a) begin deleteExcept as provided in subdivision (b), by July 1,
42011, a end delete
begin insertA end insertschool district shall provide access to free,begin delete freshend deletebegin insert fresh,
5clean, and coldend insert
drinking water during meal times in the food
6service areas of the schools under its jurisdiction, including, but
7not necessarily limited to, areas where reimbursable meals under
8the National School Lunch Program or the federal School Breakfast
9Program are served or consumed. A school district may comply
10with this section by, among other means, providing cups and
11containers of water or soliciting or receiving donated bottled water.

begin delete

12(b) The governing board of a school district may adopt a
13resolution stating that it is unable to comply with the requirements
14of this section and demonstrating the reasons why it is unable to
15comply due to fiscal constraints or health and safety concerns. The
16resolution shall be publicly noticed on at least two consecutive
17meeting agendas, first as an information item and second as an
18action item, and approved by at least a majority of the governing
19board.

end delete
begin insert

P3    1(b) A school district shall comply with this section through the
2use of drinking water access points, as prescribed by Section
349580.

end insert
4

SEC. 2.  

Article 13 (commencing with Section 49580) is added
5to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education
6Code
, to read:

7 

8Article 13.  Drinking Water
9

 

10

49580.  

(a) A school district shall provide access to free, fresh,
11clean, and cold drinking water throughout the schoolday, including,
12but not limited to, during both of the following:

13(1) Meal times, as provided for in Section 38086.

14(2) Recreation times, including, but not limited to, while pupils
15are engaged in physical activity, in the recreation areas of the
16schools under its jurisdiction. Recreation areas are any areas in
17which pupils participate in recreation, including, but not limited
18to, playgrounds, gymnasiums, cafeterias, and recreation centers.

19(b) A school district shall comply with this section by providing
20 one or more drinking water access points for every 100 pupils
21enrolled in the school.

22(c) For purposes of this section, “drinking water access point”
23is defined as a station, plumbed or unplumbed, where pupils can
24access free, fresh, clean, and cold drinking water. An unplumbed
25access point may include water bottles and portable water
26dispensers.

27

49581.  

(a) Before the beginning of each school year, a school
28district shall test, or provide for the testing of, drinking water for
29contaminants, including, but not limited to, lead and perchlorates,
30that the school district receives from municipal water systems or
31other water systems that the school district is going to provide in
32school facilities, at the schoolsite at which the drinking water will
33be provided, to ensure the drinking water meets drinking water
34quality standards prescribed by the California Safe Drinking Water
35Act (Chapter 4 (commencing with Section 116270) of Part 12 of
36Division 104 of the Health and Safety Code) and any implementing
37regulations and the federal Safe Drinking Water Act of 1996 (42
38U.S.C. Sec. 300f et seq.) and any implementing regulations.

39(b) If the drinking water the school district receives from a
40municipal water system or other water system does not meet the
P4    1standards specified in subdivision (a), the school district shall
2provide alternative sources of free, fresh, clean, and cold drinking
3water to pupils.

4(c) Each school shall provide a public notice of the drinking
5water quality test results obtained pursuant to subdivision (a) to
6pupils, parents, and teachers. The notice shall clearly specify
7whether the drinking water provided at the school is potable water,
8as defined in Section 113869 of the Health and Safety Code.

9

SEC. 3.  

If the Commission on State Mandates determines that
10this act contains costs mandated by the state, reimbursement to
11local agencies and school districts for those costs shall be made
12pursuant to Part 7 (commencing with Section 17500) of Division
134 of Title 2 of the Government Code.



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