Amended in Senate June 3, 2015

Amended in Senate April 20, 2015

Senate Bill No. 334

Introduced by Senator Leyva

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(Coauthors: Senators Leno and Pavley)

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February 23, 2015

An act to amend Section 38086 of, to add Sections 32241.5, 32246, 32247, 32248, and 32249 to, 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 health.

LEGISLATIVE COUNSEL’S DIGEST

SB 334, as amended, Leyva. Pupil health: drinking water.

(1) 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, and clean drinking water during meal times through the use of drinking water access points, as defined. begin delete The bill also would require a school district to provide access to free, fresh, and clean drinking water throughout the schoolday, including, but not limited to, during recreation times, as specified. end delete By imposing additional duties on school districts, this bill would impose a state-mandated local program.

This bill would require a school district that has drinking water sources with drinking water that does not meet the United States Environmental Protection Agency drinking water standards for lead or any other contaminant to close access to those drinking water sources, to provide alternative drinking water sources, as specified, and to notify specified persons if the school district is required to provide those alternative drinking water sources. By imposing additional duties on schools and school districts, this bill would impose a state-mandated local program.

(2) Under existing law, known as the Lead-Safe Schools Protection Act, the State Department of Public Health is required to perform various activities related to reducing the risk of exposure to lead hazards in public schools.

This bill would require the State Department of Education to work with the State Department of Public Health to develop guidelines and best practices to ensure that lead hazards are minimized in the course of school repair and maintenance and abatement procedures. The bill would prohibit drinking water that does not meet the United States Environmental Protection Agency drinking water standards for lead from being provided at a school begin delete facility end delete begin insert facility, end insert and would require a school district that has such drinking water to identify the most urgent mitigation needs and develop a protocol or plan for mitigation. The bill would require the State Department of Public Health to test drinking water sources at begin delete all schoolsites end delete begin insert a sample of schoolsites, as specified, end insert for lead in the drinking begin delete water end delete begin insert water, end insert and would require begin delete a school district to report information related to end delete begin insert the data collected through end insert this testing to begin insert be posted on the Internet Web sites of end insert the State Department of Education and the State Department of Public Health. The bill would require a begin insert public end insert school that has lead-containing plumbing components to flush all drinking water sources at the beginning of each schoolday, begin insert except end insert as provided. By imposing additional duties on begin insert public end insert schools and school districts, this bill would impose a state-mandated local program.

(3) 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 32241.5 is added to the Education Code,
to read:

32241.5.  

The department shall work with the State Department
of Public Health to develop guidelines and best practices to ensure
that lead hazards are minimized in the course of school repair and
maintenance and abatement procedures. The data begin delete sent by school
districts to the department end delete begin insert gathered end insert pursuant to subdivision (b) of
Section begin delete 33247 end delete begin insert 32247 end insert shall be considered in the development of
the guidelines and best practices.

SEC. 2.  

Section 32246 is added to the Education Code, to read:

32246.  

Drinking water that does not meet the United States
Environmental Protection Agency drinking water standards for
lead shall not be provided at a school facility.

SEC. 3.  

Section 32247 is added to the Education Code, to read:

32247.  

(a) The State Department of Public Health shall test
drinking water sources at begin delete all end delete begin insert a sample of end insert schoolsites for lead in
the drinking water. begin insert The sample shall include schools that are
representative of the state by geographical region, size of
enrollment, and areas identified pursuant to Section 39711 of the
Health and Safety Code. end insert

(b)  begin delete A school district shall report end delete begin insert The data collected by the State
Department of Public Health shall include end insert drinking water lead
testing information, including, but not limited to, dates of testing,
number and type of drinking water sources tested, begin delete test results, and
adopted protocols or plans for mitigation, to the State Department
of Public Health and the department. end delete begin insert and test results. end insert

(c) The State Department of Public Health and the department
shall do both of the following:

(1) Establish a process for receiving, recording, and making
public the data received from begin delete school districts. end delete begin insert testing water at
schoolsites. end insert

(2) Post the data begin delete received from school districts end delete begin insert collected during
drinking water lead testing end insert on the departments’ respective Internet
Web sites.

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(d) The State Department of Public Health shall not test drinking
water sources that meet either of the following conditions:

end insert begin insert

(1) Are located at schoolsites constructed after January 1, 2010.

end insert begin insert

(2) Have been tested by the State Department of Public Health
or a certified professional employed or hired by a school district
and meets the United States Environmental Protection Agency and
state drinking water standards for lead.

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SEC. 4.  

Section 32248 is added to the Education Code, to read:

32248.  

(a) A school district that has drinking water sources
with drinking water that does not meet the United States
Environmental Protection Agency drinking water standards for
lead shall work with the State Department of Public Health and
the local department of public health to identify the most urgent
mitigation needs and develop a protocol or plan for mitigation.

(b) The protocol or plan shall identify timelines and funding
sources for mitigation.

(c) The protocol or plan shall be presented to and adopted by
the governing board of the school district at a regularly scheduled
public meeting within six months of the school district’s receipt
of the drinking water test results.

SEC. 5.  

Section 32249 is added to the Education Code, to read:

32249.  

A school that has lead-containing plumbing components
shall flush all drinking water sources for a minimum of 30 seconds
at the beginning of each schoolday, consistent with protocols
recommended by the United States Environmental Protection
Agency. begin insert A school is not required to flush drinking water sources
that have been shut off or have been certified as free of lead. end insert

SEC. 6.  

Section 38086 of the Education Code is amended to
read:

38086.  

(a) A school district shall provide access to free, fresh,
and clean 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
federal 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) A school district shall comply with this section through the
use of drinking water access begin delete points, as prescribed by Section 49580 end delete
begin insert points end insert .

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

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SEC. 7.  

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

 

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49580.  

(a) A school district shall provide access to free, fresh,
and clean 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.

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

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begin delete 49581. end delete
begin insert 49580. end insert   

(a) A school district that has drinking water sources
with drinking water that does not meet the United States
Environmental Protection Agency drinking water standards for
lead or any other contaminant shall close access to those drinking
water sources immediately upon receipt of test results or
notification from the public water system.

(b) (1) If, as a result of closing access to a drinking water source
pursuant to subdivision (a), a schoolsite within a school district
no longer has the minimum number of drinking fountains required
pursuant to Chapter 4 (commencing with Section 401.0) of the
California Plumbing Code (Part 5 of Title 24 of the California
Code of Regulations), the school district shall provide alternative
drinking water sources at that schoolsite.

(2) An alternative drinking water source provided pursuant to
this subdivision while the source of contamination is being
mitigated may be from plumbed or unplumbed sources. Unplumbed
sources may include, but are not limited to, portable water sources
and bottled water.

(c) A school district shall notify parents, pupils, teachers, and
other school personnel of drinking water test results, immediately
upon receipt of those test results, if the school district is required
to provide alternative drinking water sources.

SEC. 8.  

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.