BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 334|
|Office of Senate Floor Analyses | |
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UNFINISHED BUSINESS
Bill No: SB 334
Author: Leyva (D), et al.
Amended: 9/3/15
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
SENATE FLOOR: 40-0, 6/4/15
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block,
Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,
Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,
Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,
Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner,
Stone, Vidak, Wieckowski, Wolk
ASSEMBLY FLOOR: 78-0, 9/8/15 - See last page for vote
SUBJECT: Pupil health: drinking water
SOURCE: Author
DIGEST: This bill prohibits drinking water that does not meet
the United States Environmental Protection Agency (EPA) drinking
water standards for lead from being provided at a school
facility, requires schools that have lead-containing plumbing
components to flush all drinking water sources at the beginning
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Page 2
of each schoolday, and deletes the authority for school district
governing boards 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.
Assembly Amendments delete the requirement that the California
Department of Public Health (CDPH) test drinking water sources
at a sample of schoolsites; delete the requirement that school
districts that have drinking water that does not meet the EPA
standards to work with the CDPH and local department of public
health to identify mitigation needs and develop a protocol or
plan for mitigation; delete the requirement that the California
Department of Education (CDE) to work with the CDPH to develop
guidelines and best practices; and make conforming changes.
ANALYSIS:
Existing law:
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 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 CDPH to
the State Water Resources Control Board in 2014. (HSC §
116270 et. seq.)
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Page 3
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 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 CDE on the
feasibility and necessity of conducting statewide lead
testing and any additional action needed relating to lead
contamination in schools.
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Page 4
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.
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)Prohibits drinking water that does not meet the EPA drinking
water standards for lead from being provided at a school
facility.
2)Requires 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.
3)Requires the school district to provide alternative drinking
water sources if, as a result of closing access to drinking
water sources, a schoolsite no longer has the required minimum
number of drinking fountains. Authorizes an alternative
drinking water source, while the source of contamination is
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being mitigated, to be from plumbed or unplumbed sources.
Authorizes unplumbed sources to include, but are not limited
to, portable water sources and bottled water.
4)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.
5)Requires a school that has lead-containing plumbing components
to flush all drinking water sources at the beginning of each
schoolday, consistent with protocols recommended by the EPA.
Provides that a school is not required to flush drinking water
sources that have been shut off or have been certified as
meeting the EPA's drinking water standards for lead.
6)Requires the CDE to make information available to school
districts, by posting on its website or through any other
means for distributing information it deems effective, about
the EPA's technical guidance for reducing lead in drinking
water at schools.
7)Deletes the existing ability for school districts to adopt a
resolution stating it is unable to provide access to free,
fresh drinking water during meal times. Requires school
districts to comply with the existing requirement to provide
access to free, fresh drinking water during meal times through
the use of drinking water access points.
8)Defines "drinking water access point" as a station, plumbed or
unplumbed, where students can access free, fresh and clean
drinking water. Authorizes 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.
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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 State 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 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.
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Page 7
[http://files.eric.ed.gov/fulltext/ED462820.pdf]
Existing law required the State 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 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
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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_ORGANI
ZATIONS/FLDR_OIG_PUBLICATIONS_AUDIT_REPORTS/13512MAINTINSCHOOLCLE
ANLINESS.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 Assembly Appropriations Committee, this bill
imposes unknown state mandated costs to school districts, likely
in the millions of dollars, to perform the required daily
flushing if a school has lead-containing plumbing components and
provide alternative sources of drinking water from plumbed or
unplumbed sources.
SUPPORT: (Verified9/8/15)
None received
OPPOSITION: (Verified9/8/15)
None received
ASSEMBLY FLOOR: 78-0, 9/8/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,
Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,
Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,
Grove, Hadley, Roger Hernández, Holden, Irwin, Jones,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
SB 334
Page 9
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Chávez, Harper
Prepared by: Lynn Lorber / ED. / (916) 651-4105
9/8/15 21:47:07
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