BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 334|
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VETO
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
SENATE FLOOR: 39-0, 9/10/15
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block,
Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,
Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,
Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,
Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner,
Stone, Vidak, Wieckowski, Wolk
NO VOTE RECORDED: Lara
ASSEMBLY FLOOR: 78-0, 9/8/15 - See last page for vote
SUBJECT: Pupil health: drinking water
SB 334
Page 2
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
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.
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 California Department of Public Health to the State
SB 334
Page 3
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
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
SB 334
Page 4
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.
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
SB 334
Page 5
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
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.
SB 334
Page 6
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.
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
SB 334
Page 7
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.
[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
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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 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
SUPPORT: (Verified10/30/15)
None received
OPPOSITION: (Verified10/30/15)
SB 334
Page 9
None received
GOVERNOR'S VETO MESSAGE:
I am returning Senate Bill 334 without my signature.
This bill requires a school district that has a drinking
water source that does not meet the Environmental
Protection Agency's drinking water standards to provide
alternative drinking water to their students.
I agree that all California students should have access to
safe drinking water but this bill creates a state mandate
of uncertain but possibly very large magnitude.
As our first order of business, local schools should
understand the nature of their water quality problem, if
there is one. Accordingly, I am directing the State Water
Resources Control Board to work with school districts and
local public water systems to incorporate water quality
testing in schools as part of their lead and copper rule.
School districts should utilize this information to ensure
all students are provided safe water.
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,
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
SB 334
Page 10
NO VOTE RECORDED: Chávez, Harper
Prepared by:Lynn Lorber / ED. / (916) 651-4105
11/4/15 13:34:22
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