BILL NUMBER: SB 334 INTRODUCED
BILL TEXT
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:
SECTION 1. Section 38086 of the Education Code is amended to read:
38086. (a) Except as provided in subdivision (b), by
July 1, 2011, a A school district shall provide
access to free, fresh fresh, clean, and cold
drinking water during meal times in the food service areas of
the schools under its jurisdiction, including, but not necessarily
limited to, areas where reimbursable meals under the National School
Lunch Program or the federal School Breakfast Program are served or
consumed. A school district may comply with this section by, among
other means, providing cups and containers of water or soliciting or
receiving donated bottled water.
(b) The governing board of a school district may adopt a
resolution stating that it is unable to comply with the requirements
of this section and demonstrating the reasons why it is unable to
comply due to fiscal constraints or health and safety concerns. The
resolution shall be publicly noticed on at least two consecutive
meeting agendas, first as an information item and second as an action
item, and approved by at least a majority of the governing board.
(b) A school district shall comply with this section through the
use of drinking water access points, as prescribed by Section 49580.
SEC. 2. Article 13 (commencing with Section 49580) is added to
Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code,
to read:
Article 13. Drinking Water
49580. (a) A school district shall provide access to free, fresh,
clean, and cold drinking water throughout the schoolday, including,
but not limited to, during both of the following:
(1) Meal times, as provided for in Section 38086.
(2) Recreation times, including, but not limited to, while pupils
are engaged in physical activity, in the recreation areas of the
schools under its jurisdiction. Recreation areas are any areas in
which pupils participate in recreation, including, but not limited
to, playgrounds, gymnasiums, cafeterias, and recreation centers.
(b) A school district shall comply with this section by providing
one or more drinking water access points for every 100 pupils
enrolled in the school.
(c) For purposes of this section, "drinking water access point" is
defined as a station, plumbed or unplumbed, where pupils can access
free, fresh, clean, and cold drinking water. An unplumbed access
point may include water bottles and portable water dispensers.
49581. (a) Before the beginning of each school year, a school
district shall test, or provide for the testing of, drinking water
for contaminants, including, but not limited to, lead and
perchlorates, that the school district receives from municipal water
systems or other water systems that the school district is going to
provide in school facilities, at the schoolsite at which the drinking
water will be provided, to ensure the drinking water meets drinking
water quality standards prescribed by the California Safe Drinking
Water Act (Chapter 4 (commencing with Section 116270) of Part 12 of
Division 104 of the Health and Safety Code) and any implementing
regulations and the federal Safe Drinking Water Act of 1996 (42
U.S.C. Sec. 300f et seq.) and any implementing regulations.
(b) If the drinking water the school district receives from a
municipal water system or other water system does not meet the
standards specified in subdivision (a), the school district shall
provide alternative sources of free, fresh, clean, and cold drinking
water to pupils.
(c) Each school shall provide a public notice of the drinking
water quality test results obtained pursuant to subdivision (a) to
pupils, parents, and teachers. The notice shall clearly specify
whether the drinking water provided at the school is potable water,
as defined in Section 113869 of the Health and Safety Code.
SEC. 3. If the Commission on State Mandates determines that this
act contains 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.