BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 334 (Leyva) - Pupil health: drinking water.
          
           ----------------------------------------------------------------- 
          |                                                                 |
          |                                                                 |
          |                                                                 |
           ----------------------------------------------------------------- 
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Version: April 20, 2015         |Policy Vote: ED. 7 - 0, E.Q. 7  |
          |                                |          - 0                   |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Urgency: No                     |Mandate: Yes                    |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Hearing Date: May 18, 2015      |Consultant: Jillian Kissee      |
          |                                |                                |
           ----------------------------------------------------------------- 


          This bill meets the criteria for referral to the Suspense File.


          Bill  
          Summary:  This bill requires school districts to provide access  
          to free, fresh, clean and cold drinking water throughout the  
          school day, and for the State Department of Public Health (DPH)  
          to test drinking water sources at all school sites for lead in  
          the drinking water.  


          Fiscal  
          Impact:  
           The costs of this bill are unknown but will likely drive major  
            costs to the state, by imposing a new reimbursable state  
            mandate on schools.  See staff comments.
           Significant costs to the DPH could be incurred due to the  
            requirement to test water sources at all 10,000 school sites.   
            At an estimated sampling rate of $100, this activity could  
            drive state costs of about $1 million, excluding any  
            additional staffing that might be needed.
           CDE anticipates that the bill's data requirements will drive  







          SB 334 (Leyva)                                         Page 1 of  
          ?
          
          
            one-time workload of $20,000 and ongoing workload of $5,000.   
            In addition, the bill's requirements for guidelines and best  
            practices will drive one-time workload of $15,000 to $25,000. 


          Background:  The Childhood Lead Poisoning Prevention Act provides services  
          for the purpose of increasing awareness regarding the hazards of  
          lead exposure, reducing lead exposure and increasing the number  
          of children assessed and appropriated blood tested for lead  
          poisoning.  The Childhood Lead Poisoning Prevention Program  
          offers home visitation, environmental home inspections and  
          nutritional assessments to families of children found to be  
          severely lead-poisoned.  (Health and Safety Code § 105275 et.  
          seq.)

           Drinking water quality
           The federal Safe Drinking Water Act (SDWA) authorizes the United  
          States Environmental Protection Agency to set standards for  
          drinking water quality and to oversee the states, localities and  
          water suppliers who implement those standards.  The California  
          SDWA requires the State Water Resources Control Board to  
          regulate drinking water and to enforce the federal SDWA and  
          other related regulations.  The duties and responsibilities  
          related to the regulation and oversight of drinking water were  
          transferred from the DPH to the State Water Resources Control  
          Board in 2014. (HSC § 116270 et. seq.)

          The State Water Resources Control Board's Division of Drinking  
          water regulates over 8,000 public water systems by inspecting  
          the systems, issuing permits, taking enforcement actions and  
          implementing new requirements due to changes in federal or state  
          law or regulations. 

          Current law requires schools that receive notification from a  
          public water system regarding non-compliance with any primary  
          drinking water standard or a violation of monitoring  
          requirements, to notify school employees, students and parents.
          (HSC § 116450)

           Lead-Safe Schools Protection Act
           Current law prohibits, beginning January 1, 1994, the use of  
          lead-based paint, lead plumbing and solders, or other potential  
          sources of lead contamination in the construction of any new  
          school facility or the modernization or renovation of any  








          SB 334 (Leyva)                                         Page 2 of  
          ?
          
          
          existing school facility. (Education Code § 32244)

          Current law requires the DPH to:

             1.   Conduct a sample survey of schools to determine the  
               likely extent and distribution of lead exposure to children  
               from paint on the school, soil in play areas at the school,  
               drinking water at the tap, and other potential sources.   
               Risk factors include location in relation to high-risk  
               areas, age of the facility, likely use of lead pain in or  
               around the facility, numbers of children enrolled under the  
               age of six, and results of lead screening programs.

             2.   Notify the principal of the school of the survey results  
               within 60 days of the completion of testing.  School  
               principals are required to notify the teachers and other  
               school personnel and parents of survey results within 45  
               days of receiving the survey results.

             3.   Advise any school that has been determined to have  
               significant risk factors for lead, and the school is  
               required to notify teachers, other personnel and parents  
               within 45 days.

             4.   Make recommendations to the legislature and California  
               Department of Education (CDE) on the feasibility and  
               necessity of conducting statewide lead testing and any  
               additional action needed relating to lead contamination in  
               schools.

             5.   Develop environmental lead testing methods and  
               standards.

             6.   Work with the CDE to develop voluntary guidelines to  
               ensure that lead hazards are minimized in the course of  
               school repair and maintenance and abatement procedures. (EC  
               § 32241, § 32242, and § 32243)

           Drinking water at schools
           Current law requires interior and exterior drinking fountains to  
          be functional, accessible, and free of leaks, and with adequate  
          water pressure.  Drinking fountain water must be clear and  
          without unusual taste or odor, and have no evidence of moss,  
          mold, or excessive staining.  Drinking fountains must appear to  








          SB 334 (Leyva)                                         Page 3 of  
          ?
          
          
          have been cleaned each day that the school is in session. (EC §  
          17002)

          Current law requires school districts to provide access to free,  
          fresh drinking water during meal times in the food service  
          areas.  A school district may adopt a resolution stating that it  
          is unable to comply with this requirement and demonstrate the  
          reasons it is unable to comply due to fiscal constraints or  
          health and safety concerns.
          (EC § 38086)


          Proposed Law:  
           This bill requires:

                 The CDE to work with the DPH 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 prohibition of drinking water that does not meet the  
               United States Environmental Protection Agency drinking  
               water standards for lead from being provided at a school  
               facility.

                 DPH to test drinking water sources at all school sites  
               for lead in drinking water.

                 A school district to report drinking water lead testing  
               information, as specified to the DPH.

                 DPH to establish a process for receiving, recording, and  
               making public the data received from school district and  
               post the data received from school districts on the  
               departments' respective website.

                 A school district that does not meet the federal  
               requirements, to work with the DPH and the local department  
               of public health to identify the most urgent mitigation  
               needs and develop a plan for mitigation.  The plan is  
               required to identify timelines and funding sources for  
               mitigation and must 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  








          SB 334 (Leyva)                                         Page 4 of  
          ?
          
          
               district's receipt of the drinking water test results.  

                 School districts to close access to those drinking water  
               sources immediately upon receipt of test results or  
               notification from the public water system.  The school  
               district is required to notify parents, students, teachers,  
               and other school personnel of drinking water test results  
               if the school district is required to provide alternative  
               drinking water sources.  If this results in the school  
               district not having the minimum number of drinking  
               fountains required, the school district must provide  
               alternative drinking water sources at that school site,  
               which includes bottled water.

                 A school that has lead-containing plumbing components to  
               flush all drinking water sources for a minimum of 30  
               seconds at the beginning of each school day, consistent  
               with protocols recommended by the United States  
               Environmental Protection Agency.

                 School districts to provide clean drinking water in  
               additional to free and fresh drinking water as provided in  
               existing law during meal times in food service areas of the  
               schools under its jurisdiction.

          Finally, this bill eliminates the ability for a school district  
          to adopt a resolution stating that it is unable to comply with  
          these requirements and demonstrate why it is unable to comply.   
          Instead, the bill requires a school district to comply through  
          the use of drinking water access points, as prescribed.


          Staff  
        Comments:  This bill will likely drive major costs to the state, including  
          a new reimbursable state mandate on schools.  Reimbursable  
          activities could include: 1) reporting drinking water lead  
          testing information to DPH; 2) staff training on flushing  
          requirements and performing the required daily flushing if a  
          school has lead-containing plumbing components; 3) mitigation  
          efforts in the event a school district's drinking water does not  
          meet federal standards; 4) providing alternative sources of  
          drinking water from plumbed or unplumbed sources; and 5)  
          providing notifications to parents, students, teachers, and  
          other personnel of drinking water test results.  If the sum of  








          SB 334 (Leyva)                                         Page 5 of  
          ?
          
          
          these activities cost school districts $1,000, this would result  
          in $1 million statewide reimbursable costs.  The cost of one  
          drinking fountain (a plumbed drinking water access point) is  
          between $15,000 and $20,000.
          
          Staff also notes that to the extent the school is serving  
          drinking water during meal times, the school can use federal  
          cafeteria funds but not outside of these times.

                                      -- END --