BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 334|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 334
Author: Leyva (D), et al.
Amended: 6/3/15
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 4/8/15
AYES: Liu, Block, Hancock, Leyva, Mendoza, Pan, Vidak
NO VOTE RECORDED: Huff
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 4/29/15
AYES: Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SUBJECT: Pupil health: drinking water
SOURCE: Author
DIGEST: This bill requires the California Department of Public
Health to test drinking water sources at a sample of schoolsites
for lead in the drinking water, and prohibits drinking water
that does not meet drinking water standards for lead from being
provided at a school facility.
ANALYSIS:
Existing law:
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1) Provides, under the Childhood Lead Poisoning Prevention Act,
services to increase 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
2) Authorizes, under the federal Safe Drinking Water Act (SDWA),
the United States Environmental Protection Agency (EPA) 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.)
3) 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
4) 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)
5) Requires the State Department of Health Services (now called
the Department of Public Health) to:
a) 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
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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.
b) 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.
c) 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.
d) 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.
e) Develop environmental lead testing methods and
standards.
f) 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
6) 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)
7) Requires school districts to provide access to free, fresh
drinking water during meal times in the food service areas.
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School districts 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)
This bill:
1) Requires the California Department of Public Health (CDPH) to
test drinking water sources at a sample of schoolsites for
lead in the drinking water. The sample is to include schools
that are representative of the state by geographical region,
size of enrollment, and areas identified as disadvantaged
communities pursuant to Section 39711 of the Health & Safety
Code.
2) Prohibits the CDPH from testing drinking water sources that
meet either of the following conditions:
a) Are located at a schoolsite constructed after January
1, 2010.
b) Have been tested by the CDPH or a certified
professional employed or hired by a school district, and
meets the EPA and state drinking water standards for lead.
3) Requires 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 schoolday, consistent
with protocols recommended by the EPA. A school is not
required to flush drinking water sources that have been shut
off or have been certified as free of lead.
4) Prohibits drinking water that does not meet the EPA drinking
water standards for lead from being provided at a school
facility. A school district that has drinking water sources
with water that does not meet the EPA standards for lead or
any other contaminant to close access to those drinking water
sources immediately upon receipt of test results or
notification from the public water system. If, as a result
of closing access to drinking water sources, a schoolsite no
longer has the required minimum number of drinking fountains,
the school district must provide alternative drinking water
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sources at that schoolsite. An alternative drinking water
source, 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.
5) Requires a school district that has drinking water sources
with drinking water that does not meet the EPA drinking water
standards for lead to work with the CDPH and the local
department of public health to identify the most urgent
mitigation needs and develop a protocol or plan for
mitigation. The protocol or plan is to identify timelines
and funding courses for mitigation. The protocol or plan is
to be presented to and adopted by the school district
governing board at a regularly scheduled public meeting
within six months of the district's receipt of the drinking
water test results.
6) Requires the CDPH and CDE to do both of the following:
a) Establish a process for receiving, recording, and
making public the data received from testing water at
schoolsites.
b) Post the data collected on the CDPH's and CDE's Web
sites.
7) Requires the data collected by the CDPH to include drinking
water lead testing information, including but not limited to
dates of testing, number and type of drinking water sources
tested, and test results.
8) Requires the CDE to work with the CDPH 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 gathered by school districts are to be
considered in the development of the guidelines and best
practices.
9) Requires school districts to notify parents, students,
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.
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10)Defines "drinking water access point" as a station, plumbed
or unplumbed, where students can access free, fresh and clean
drinking water. An unplumbed access point to include bottled
water and portable water dispensers.
Background
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.
Comments
No existing requirement to test at schoolsites. Existing law
requires drinking fountain water to be clear and without unusual
taste or odor, and have no evidence of moss, mold, or excessive
staining. There is no requirement in existing law regarding the
testing of drinking water, for lead or any other contaminants,
at schoolsites.
Survey of schools. Existing law requires the State Department
of Health Services (now called the Department of Public Health)
to 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. The Department of
Health Services conducted a study, beginning in 1994, of the
extent of lead contamination in paint, soil and water in
California schools. Data was collected from 200 randomly
selected schools between 1995 and 1997; the report was submitted
to the Legislature in 1998. The report states:
The United States Environmental Protection Agency
(USEPA) has set the action level for lead in drinking
water at 15 parts lead per billion (ppb) parts water.
The action recommended by USEPA is to remove the
drinking water outlet from service immediately until
the lead content falls below the action level. Study
data indicate that an estimated 18.1 percent of
California schools are likely to have lead in drinking
water at or above the federal action level. Lead
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exceeding this level was found at 10.5 percent of
schools where the sampled outlet had been used within
24 hours of testing. These findings indicate that in
some situations drinking water from school water
outlets could contribute to children's lead exposure,
and demonstrate a need for monitoring lead from
drinking water outlets in schools. Water from outlets
that have been left standing for 24 hours are
generally more likely to contain higher lead levels
than water from outlets that have recently been
flushed. However, within the study, this flushing
procedure did not always reduce lead content to below
the action level. The age of the school was not a
significant factor in the amount of lead in drinking
water.
[http://files.eric.ed.gov/fulltext/ED462820.pdf]
Existing law required the Department of Health Services to work
with the CDE to develop guidelines to ensure that lead hazards
are minimized in the course of school repair and maintenance and
abatement procedures. These guidelines were never developed.
Los Angeles Unified. The Los Angeles Unified School District
(LAUSD) requires all drinking water fountains, faucets and food
service faucets to be flushed for a minimum of 30 seconds prior
to the first use each day. Reference Guide REF-3930.3 states:
Water that remains stationary within standard piping
for extended periods of time can leach lead out of
pipes joined with lead-containing solder as well as
brass fixtures or galvanized pipes. Flushing fixtures
has been found to be an effective means of reducing
lead levels below the Action Level set by the
Environmental Protection Agency. Based on past
studies and current data, all drinking water
fountains, faucets and food service faucets must be
flushed for a minimum of 30 seconds prior to the first
use each day. Faucets not used for human consumption
which are labeled "Hand Wash Only" or "Laboratory Use
Only" are not required to be flushed daily.
[http://www.lausd-oehs.org/docs/ReferenceGuides/REF-3930.pdf
]
According to the LAUSD, the district tested drinking
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fountains for lead annually between 1988 and 2009, but
halted testing due to budget reductions. In 2013, the
LAUSD Board of Education requested an audit titled
"Maintaining School Cleanliness and Safety" after the Board
expressed concerns about the effectiveness of the
district's cleanliness, safety and custodial programs due
to the declining budget for maintenance and operations.
One of the audit's objectives was to assess the daily
flushing of drinking fountains. The audit found, of the 35
schoolsites visited, 23 had drinking fountains inside the
classroom; six of the 23 schoolsites did not flush the
drinking faucets for a minimum of 30 seconds prior to the
first use each day. The audit also found that, although
the classroom drinking faucets had not been flushed, the
administrators at the six schoolsites had certified that
all applicable fixtures had been flushed.
[http://notebook.lausd.net/pls/ptl/docs/PAGE/CA_LAUSD/FLDR_O
RGANIZATIONS/FLDR_OIG_PUBLICATIONS_AUDIT_REPORTS/13512MAINTI
NSCHOOLCLEANLINESS.PDF]
The LAUSD reports it has replaced drinking fountains at 200
schoolsites at a cost of $15,000 - $20,000 per drinking
fountain.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee, 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.
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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.
4)Providing notifications to parents, students, teachers, and
other personnel of drinking water test results.
Unknown but likely significant costs will be incurred by the
CDPH to test drinking water at a sample of schools. The
Committee estimates that with three additional field staff, CDPH
could test 200 schools in one year resulting in about $421,000.
Additional limited-term staff will likely be needed to carry out
other activities such as working with school districts on
mitigation plans, analyzing data and updating guidance
materials, posting testing data online, and administrative
support.
CDE anticipates that this bill's data requirements will drive
one-time workload of $20,000 and ongoing workload of $5,000. In
addition, this bill's requirements for guidelines and best
practices will drive one-time workload of $15,000 to $25,000.
SUPPORT: (Verified6/1/15)
American Civil Liberties Union
California Association of Joint Powers Authorities
California Black Health Network
California Food Policy Advocates
California School Employees Association
California State PTA
Children Now
Clean Water Action
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Community Water Center
Environmental Justice Coalition for Water
Leadership Counsel for Justice and Accountability
Mission: Readiness
WeTap
OPPOSITION: (Verified6/1/15)
California Association of School Business Officials
ARGUMENTS IN SUPPORT: According to the California Food
Policy Advocates, "there are known regions in our State,
especially low-income Central Valley communities, where students
attend schools without access to safe drinking water. Yet, the
testing of water quality and safety in schools has been
piecemeal. Making water-testing results publicly available to
students, parents and staff will help build confidence in the
water sources and increase consumption. Water's role in
maintaining a healthy weight, replacing sugar-sweetened
beverages with free tap water, which is often fluoridated, can
help prevent tooth decay. Improved water access also helps our
students stay hydrated, focused and ready to learn."
ARGUMENTS IN OPPOSITION: According to the California
Association of School Business Officials, "we are concerned that
some school districts will not have the financial resources to
implement the provisions of this bill because funding for the
replacement of permanent drinking water sources is neither
identified in the bill nor available from any other funding
source such as a general obligation bond. While there is a need
to update existing school infrastructure, especially during
existing drought conditions, such concerns should be considered
in a comprehensive fashion and in the context of California's
ongoing discussions to finance school facilities construction
and modernization."
Prepared by:Lynn Lorber / ED. / (916) 651-4105
6/3/15 16:05:04
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