BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 334 (Leyva) - Pupil health: drinking water.
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|Version: April 20, 2015 |Policy Vote: ED. 7 - 0, E.Q. 7 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: May 28, 2015 |Consultant: Jillian Kissee |
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SUSPENSE FILE. AS AMENDED.
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 (as approved on May 28, 2015):
The costs of this bill are unknown but could drive major costs
to the state, by imposing a new reimbursable state mandate on
schools for activities such as: (1) developing and adopting
plans to improve water in the event a school district's
drinking water does not meet federal standards, (2) staff
training on flushing requirements and performing the required
daily flushing if a school has lead-containing plumbing
components, (3) providing alternative sources of drinking
water from plumbed or unplumbed sources, and (4) providing
notifications to parents, students, teachers, and other
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personnel of drinking water test results.
Unknown but likely significant costs to the DPH to test
drinking water at a sample of schools.
CDE anticipates that the bill's data requirements will drive
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 California Department of Public Health 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)
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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
existing school facility. (Education Code § 32244)
Current law requires the State Department of Health Services
(now called the Department of Public Health) 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)
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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
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 why it is unable to comply due to fiscal constraints or
health and safety concerns.
(EC § 38086)
Proposed Law:
This bill requires:
The California Department of Education (CDE) 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 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
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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
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
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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
these activities cost school districts just $1,000, this bill
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.
Committee amendments (as adopted on May 28, 2015): Amendments:
(1) reduce the requirement for DPH to test drinking water at all
school sites to a sample of school sites, (2) narrow the scope
of school sites to be tested, (3) remove the requirement for
school districts to report testing information to DPH, (4)
remove additional requirements for school districts that go
beyond testing and mitigating substandard water, and (5) provide
other clarifying changes.
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