BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 334


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          Date of Hearing:  July 1, 2015


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          SB  
          334 (Leyva) - As Amended June 3, 2015


          [Note: This bill is doubled referred to the Assembly  
          Environmental Safety and Toxic Materials Committee and will be  
          heard by that Committee as it relates to issues under its  
          jurisdiction.]
          


          SENATE VOTE:  40-0


          SUBJECT:  Pupil health: drinking water.


          SUMMARY:  Requires the State Department of Public Health (DPH)  
          to test drinking water sources at a sample of schoolsites for  
          lead in the drinking water, prohibits drinking water that does  
          not meet the United States Environmental Protection Agency  
          (USEPA) drinking water standards for lead from being provided at  
          a school facility, and deletes the authority of a governing  
          board of a school district to adopt a resolution stating that it  
          is unable to comply with the requirement to provide access to  
          free, fresh drinking water during meal times in the food service  
          areas.  Specifically, this bill:  


          1)Requires the California Department of Education (CDE) to work  








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            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.  Requires the  
            data gathered pursuant to the testing of water sources  
            required by this bill to be considered in the development of  
            the guidelines and best practices.


          2) Prohibits drinking water that does not meet the USEPA  
            drinking water standards for lead from being provided at a  
            school facility.


          3)Requires the DPH to test drinking water sources at a sample of  
            schoolsites for lead in the drinking water.  Requires the  
            sample to include schools that are representative of the state  
            by geographical region, size of enrollment, and areas  
            identified as disadvantaged communities by the California  
            Environmental Protection Agency.


          4)Requires the data collected by the DPH 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.


          5)Requires the DPH and the 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;  
               and,


             b)   Post the data collected during drinking water lead  
               testing on the departments' respective Internet Web sites.










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          6)Specifies that the DPH shall not test drinking water sources  
            that are located at schoolsites constructed after January 1,  
            2010, or have been tested by DPH or a certified professional  
            employed or hired by a school district and meets the USEPA and  
            state drinking water standards for lead.


          7)Requires a school district that has drinking water sources  
            with drinking water that does not meet the USEPA drinking  
            water standards for lead work with the DPH and the local  
            department of public health to identify the most urgent  
            mitigation needs and develop a protocol or plan for  
            mitigation.


          8)Requires the protocol or plan for mitigation to identify  
            timelines and funding sources for mitigation, and 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.


          9)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 USEPA.  Specifies that a school  
            is not required to flush drinking water sources that have been  
            shut off or have been certified as free of lead.


          10)Strikes the authority of a governing board of a school  
            district to adopt a resolution stating that it is unable to  
            comply with the requirement to provide access to free, fresh  
            drinking water during meal times in the food service areas due  
            to fiscal constraints or health and safety concerns, and  
            instead requires a school district to comply with the  
            requirement through the use of drinking water access points.









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          11)Defines "drinking water access point" as a station, plumbed  
            or unplumbed, where pupils can access free, fresh, and clean  
            drinking water.  Specifies that an unplumbed access point may  
            include water bottles and portable water dispensers.


          12)Requires a school district that has drinking water sources  
            with drinking water that does not meet the USEPA drinking  
            water 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.


          13)Specifies that if, as a result of closing access to a  
            drinking water source, 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.


          14)Specifies that an alternative drinking water source provided  
            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.


          15)Requires a school district to 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.


          EXISTING LAW:   








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          1)Requires a school district to provide access to free, fresh  
            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.  Authorizes a school  
            district to comply with this requirement by, among other  
            means, providing cups and containers of water or soliciting or  
            receiving donated bottled water. (EC Section 38086)

          2)Authorizes the governing board of a school district to adopt a  
            resolution stating that it is unable to comply with the  
            requirement to provide access to free, fresh drinking water  
            during meal times and demonstrating the reasons why it is  
            unable to comply due to fiscal constraints or health and  
            safety concerns.  Requires the resolution to 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.  (EC Section  
            38086)

          3)Establishes the Lead-Safe Schools Protection Act, enacted in  
            1992, as follows:

             a)   Requires the Department of Health Services (DHS) to  
               conduct a sampling survey of schools throughout the state  
               for the purpose of developing risk factors to predict lead  
               contamination in public schools;

             b)   Requires the survey to determine the likely extent and  
               distribution of lead exposure to children from paint on the  
               school, soil in play areas, drinking water at the tap, and  
               other potential sources identified by DHS;

             c)   Requires DHS to notify principals of schools or director  
               of schoolsites of the survey results.  Upon receipt of the  
               results, requires principals or directors to notify  








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               teachers and other school personnel and parents of the  
               survey results; 

             d)   Requires DHS to make recommendations to the Legislature  
               and the CDE on the feasibility and necessity of conducting  
               statewide lead testing and any additional action needed  
               relating to lead contamination in the schools;

             e)   As deemed necessary and appropriate in view of the  
               survey results, requires DHS to develop environmental lead  
               testing methods and standards to ensure the scientific  
               integrity of results, for use by schools and contractors  
               designated by schools for that purpose; 

             f)   Requires DHS to evaluate the most current cost-effective  
               lead abatement technologies; and, 

             g)   Requires DHS to work with CDE to develop voluntary  
               guidelines for distribution to requesting schools to ensure  
               that lead hazards are minimized in the course of school  
               repair and maintenance programs and abatement procedures.   
               (Education Code (EC) Sections 32240-32243)

          4)Prohibits 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.   
            (EC Section 32244)

          5)Requires the governing board of a school district to adopt a  
            local control and accountability plan (LCAP) and specifies  
            state priorities, including the priority for school facilities  
            to be maintained in good repair. (EC Section 52060)

          6)Defines "good repair" as a facility that is maintained in a  
            manner that assures that it is clean, safe, and functional as  
            determined by school facility inspection and evaluation  
            instrument approved by the State Allocation Board or a local  
            evaluation instrument.  Requires the school facility  








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            inspection and evaluation instrument and local evaluation  
            instruments to include criteria as specified, including:  1)  
            interior and exterior drinking fountains that are functional,  
            accessible, and free of leaks; 2) drinking fountain water  
            pressure is adequate; and 3) foundation water is clear and  
            without unusual taste or odor, and moss, mold, or excessive  
            staining is not evident.  (EC Section 17002)

          7)Specifies that whenever a school or school system, the owner  
            or operator of residential rental property, or the owner or  
            operator of a business property receives a notification from a  
            person operating a public water system under any provision of  
            this section, the school or school system shall notify school  
            employees, students and parents if the students are minors,  
            the owner or operator of a residential rental property shall  
            notify tenants, and the owner or operator of business property  
            shall notify employees of businesses located on the property.   
            (Health and Safety Code Section 116450)

          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, unknown, but likely significant costs to the DPH to  
          test drinking water at a sample of schools; CDE reports one-time  
          workload costs of $20,000 and ongoing workload of $5,000 related  
          to data requirements, and $15,000 to $25,000 related to the  
          bill's requirements to develop guidelines and best practices;  
          and unknown but major costs for the remaining provisions of the  
          bill.  


          COMMENTS:  What does this bill do?  This bill requires the DPH  
          to test a sample of schools for lead in the drinking water.  The  
          bill requires the schools tested to represent geographic  
          diversity, various enrollment sizes, and disadvantaged  
          communities.  Schools that were constructed after January 1,  
          2010, or were determined to meet drinking water standards by the  
          DPH or a certified professional employee are excluded.  If the  
          level of lead in the drinking water at a school does not meet  
          the federal USEPA standards, school districts must do the  
          following:








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          1)Work with the DPH and local public health department to  
            develop a protocol and plan for mitigation.  The protocol and  
            plan must be adopted at a regularly scheduled public meeting  
            within six months from the district's receipt of the drinking  
            water test results.



          2)Close access to drinking water sources immediately upon  
            receipt of test results and provide alternative drinking water  
            sources if closing access to drinking water sources violates  
            the minimum number of drinking fountains required under the  
            California Plumbing Code.



          3)Notify parents, pupils, teachers, and other school personnel  
            of drinking water test results.
          The bill requires the DPH and the CDE to establish a process for  
          receiving, recording and making public the data received from  
          the testing of water at schoolsites and post the data collected  
          on each department's Internet Web site.


          The 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.  Current law already contains this  
          requirement, but the guidelines and best practices were not  
          developed.    


          Current law requires school districts to provide free, fresh  
          drinking water during meal times in the food service areas.  A  
          school district may provide cups and containers of water or  
          bottled water to comply with this requirement.  Current law  
          allows a governing board to adopt a resolution stating that it  








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          is unable to comply with the requirement due to fiscal  
          constraints or health and safety concerns.  This bill strikes  
          this authorization and instead requires a school district to  
          offer drinking water through drinking water access points,  
          defined as a station that is plumbed or unplumbed.  An unplumbed  
          access point may include water bottles and portable water  
          dispensers.  


          The bill prohibits a school from providing water that does not  
          meet the USEPA drinking water standards, and 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.  This latter requirement applies to  
          all schools, not just those that are tested.  It is unclear how  
          school districts will know whether there are lead-containing  
          plumbing components at a schoolsite.  Flushing for 30 seconds is  
          already a standard practice at the Los Angeles Unified School  
          District (LAUSD).   


          Maintenance requirements.  School districts are required to  
          maintain school facilities specified in various parts of the  
          Education Code.  School districts that receive state bond funds  
          are required to set aside three percent of their general funds  
          in a routine restricted account to be used for the maintenance  
          of schools.  During the state's budget fiscal crisis, school  
          districts were allowed to lower the required percentage to one  
          percent or none if their schools are kept in "good repair".  The  
          three percent requirement was set to be reinstated beginning  
          July 1, 2015; however, this year's budget trailer bill language  
          contains a mechanism to delay restoration of the three percent  
          until 2021. 


          School districts are required to adopt a LCAP to determine the  
          use of local control funding formula dollars.  Under the LCAP,  
          school districts are required to meet eight state priorities,  
          including the priority for school facilities to be maintained in  








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          "good repair".  The standard for "good repair" was developed as  
          a result of the Williams v. State of California settlement in  
          2004, in which the state agreed to allocate funds to provide  
          students in low performing schools equal access to instructional  
          materials, safe and decent school facilities, and qualified  
          teachers.  As part of the $800 million allocation for school  
          facilities, county offices of education were required to inspect  
          deciles 1-3 schools using a "good repair" standard.  The  
          standard developed includes a lengthy list of components at a  
          school to be evaluated, including whether drinking fountain  
          water is clear and without unusual taste of odor. Good repair  
          does not include whether drinking fountain water is free of lead  
          or other contaminants.  


          Dangers of lead.  Children are especially susceptible to high  
          levels of exposure to lead and other toxic chemicals because  
          their bodies absorb these metals at higher rates than the  
          average adult. Research shows that long-term exposure to high  
          levels of lead can cause irreversible damage to the brain, red  
          blood cells, and kidneys.  Exposure at low levels of lead can  
          cause low IQ, hearing impairment, reduced attention span, and  
          poor classroom performance.


          Prior state efforts.  The state has initiated several lead  
          identification and prevention efforts in schools.  Enacted in  
          1992, the Lead-Safe Schools Protection Act required the DHS, now  
          called DPH, to conduct a study to determine the prevalence of  
          lead in paint, soil and water in public elementary school and  
          childcare facilities.  The study began in 1994 and was completed  
          with a report to the Legislature in April, 1998.  The study  
          reported that most elementary schools contain paint with a lead  
          content level above federal recommended level and that six  
          percent of public elementary schools have bare soils with lead  
          levels that exceed the USEPA recommended level for bare soil  
          areas where children play.  










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          Using weighted sample analysis, the study estimated that 18.1%  
          of schools may have water outlets with lead content that exceeds  
          federal recommended level.  While lead content was highest in  
          schools built before 1940, schools in all ages had water samples  
          with lead content above the federal recommended levels.  The  
          report recommended evaluating lead content of drinking water in  
          public schools using USEPA guidelines, including collecting  
          water using standard USEPA sampling technique that should be  
          analyzed only by laboratories certified by DHS.


          According to the report, water can be contaminated with lead by  
          the source water system or by corrosion of lead plumbing or  
          fixtures.  Plumbing installed prior to 1930 is considered most  
          likely to contain lead.  However, lead could also leak from lead  
          plumbing solder, which was commonly used until banned in 1984.   
          This bill tests fixtures at schools, but does not address lead  
          as a result of source water systems.      


          Funds for lead testing in schools.  In 1998, as part of the  
          Budget Act, SB 1564 (Schiff), Chapter 330, Statutes of 1998, the  
          education trailer bill, provided $1.053 million to fund lead  
          testing in drinking water in public elementary and secondary  
          schools.  The budget allocated $120 to each elementary  
          schoolsite and $230 to each junior high, middle and high school  
          for this purpose.  A water collection guideline developed for  
          the test recommended prioritizing testing of school buildings  
          constructed prior to 1986, when lead plumbing solder was banned  
          for use in drinking water plumbing systems.


          Funds for mitigation.  Notwithstanding the benefits of testing  
          and eliminating lead in drinking water, school districts have  
          expressed concerns about the ability to fund mitigation.   
          Replacing drinking water fountains and/or pipes can result in  
          exorbitant costs.  The LAUSD reports it has replaced drinking  
          fountains at 200 schoolsites at a cost of $15,000 - $20,000 per  
          drinking fountain.  Under regulations adopted pursuant to the  








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          California Plumbing Code, schools are required to have one  
          drinking fountain for every 150 people on a school campus.   
          Districts can use available local bond funds if the projects  
          were identified in the bond initiative, but state bond funds for  
          modernization projects have been exhausted since 2012.  Absent  
          state or local bond funds, school districts would be required to  
          use general funds for mitigation purposes.  In addition, as a  
          result of the bill's requirement for school districts to close  
          access to drinking water sources identified by testing or from  
          notification by public water systems as exceeding federal  
          drinking water standards for lead or any other contaminant,  
          school districts that no longer meet the state's minimum number  
          of available drinking water fountains will be required to  
          provide alternative sources of water, such as bottled water, on  
          a daily basis.  These costs will be also be borne by general  
          funds.        


          Testing only applies to an unspecified number of schools.   
          Earlier versions of this bill required testing at all schools.   
          Amendments adopted in the Senate Appropriations Committee  
          limited the bill to testing a sample of schoolsites.  The  
          sample, an unspecified number, is required to represent  
          geographical regions, size of enrollment, and disadvantaged  
          communities identified by the California Environmental  
          Protection Agency.  If only a limited number of schoolsites are  
          to be tested and required to conduct mitigation, should testing  
          prioritize schools where lead may be at higher levels?  Staff  
          recommends an amendment to express the Legislature's intent to  
          prioritize testing.


          Other Committee amendments:


          1)Exclude testing of schools constructed after 1993, rather than  
            January 1, 2010.  The Lead-Safe Schools Protection Act enacted  
                                                        in 1992 prohibits use of lead-based paint, lead plumbing and  
            solders, or other potential sources of lead contamination in  








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            the construction of any new school facility or the  
            modernization or renovation of any existing school facility  
            beginning in 1993.  



          2)Define drinking water source as drinking water fountains and  
            other fixtures that are intended to convey water for human  
            consumption (such as kitchens).  



          3)Require DPH to notify school districts of the test results.



          4)Strike EC Section 32242(g) to eliminate duplication of Section  
            1 of this bill.
          Arguments in support.  The author states, "Current law does not  
          require testing of water at schools in order to ensure that the  
          water is lead free.  Furthermore, no department or agency has  
          adopted guidelines or regulations to ensure that schools test  
          the water provided to students or that schools provide clean  
          drinking water to students throughout the day.  Current law only  
          goes as far as to require schools provide clean and free  
          drinking water to students during lunch time.  However, there is  
          no testing to ensure that the water sources are actually safe  
          for consumption."


          Arguments in opposition.  The California School Boards  
          Association (CSBA) has an "oppose unless amended" position and  
          states, "CSBA is an advocate for safe and healthy schools,  
          including safe drinking water for our students.  SB 334 may lead  
          to the identification of water quality problems at our aging  
          school sites, but it would not do anything to actually resolve  
          them.  Plumbing is usually buried underground or inside walls,  
          as such, the costs of replacing plumbing in our aging school  
          sites would be very high.  Our opposition to this bill stems  








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          solely from our desire for a solution to this problem, one that  
          would provide LEAs (local educational agencies) with resources  
          to perform the work that will be generated by the bill."  CSBA  
          requests an amendments to make this bill contingent upon funds  
          available for this purpose in a future statewide school  
          facilities bond.    


          Related legislation.  AB 496 (Rendon), pending in the Senate  
          Education Committee, requires the CDE to identify available  
          sources of funding to fund school water quality and  
          infrastructure.  


          Prior related legislation.  AB 629 (Krekorian), held in the  
          Assembly Appropriations Committee suspense file in 2009, would  
          have required a school district, by January 1, 2012, to conduct  
          a one-time analysis of the level of lead in water in schools  
          that were constructed before January 1, 1993.


          AB 2965 (Krekorian), held in the Assembly Appropriations  
          Committee suspense file in 2008, would have required a school  
          district to conduct a one-time assessment of water toxicity  
          levels at point of entry and delivery in schools 40 years of age  
          or older.  


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Association of Joint Powers Authority










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          California Black Health Network


          California School Employees Association


          California State PTA


          Children Now




          Opposition


          California Association of School Business Officials


          California School Boards Association (unless amended)




          Analysis Prepared by:Sophia Kwong Kim / ED. / (916)  
          319-2087