BILL ANALYSIS
AB 629
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Date of Hearing: May 20, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 629 (Krekorian) - As Amended: May 6, 2009
Policy Committee: Education
Vote:10-0
E.S. & T.M.
7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill requires 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 (except for
those schools whose plumbing has been completely replaced after
1993). Specifically, this bill:
1)Requires only water dispensed from drinking fountains and
other fixtures that are intended for human consumption to be
analyzed. This measure also requires the analysis to include
a determination of the presence and amount of lead in the
water.
2)Requires the Department of Public Health (DPH) to establish
testing protocols and requires water samples to be analyzed by
a laboratory that is certified by DPH and the United States
Environmental Protection Agency (USEPA).
3)Requires a school district to report the analysis results to
the State Department of Education (SDE) and requires SDE to
make this information available to the public.
4)Makes a school district eligible to compete for funds made
available from Proposition 84: The Water Quality, Safety and
Supply, Flood Control, Natural Resource Protection, Park
Improvements Bond of 2006 (Proposition 84) to mitigate
contamination.
5)Authorizes a school district to submit a funding application
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to DPH and requires DPH to establish a deadline and
prioritization process for submitting applications for funding
of lead exposure mitigation, as specified.
FISCAL EFFECT
1)One-time, GF/98 state reimbursable mandated costs, of
approximately $1 million, to conduct a one-time assessment of
lead levels, as specified. SDE estimates that there are
approximately 5,000 schools built before 1993. These costs may
be lower depending on the number of these schools that have
already made plumbing repairs.
2)Major GF/98 state reimbursable mandated costs, potentially in
the tens of millions of dollars, to mitigate contamination
based on the initial assessments. Actual costs will depend on
what repairs need to be made to mitigate the lead levels.
3)Minor, absorbable GF administrative costs to DPH to establish
testing protocols and application procedures, as specified.
DPH reports that it has already developed lead testing
protocols.
4)Proposition 84, passed by voters in 2006, authorized $5.39
billion in general obligation bonds for several environmental
purposes, including $1.5 billion for safe drinking water and
water quality projects, as specified. Approximately $907.2
million remains for these purposes. This bill authorizes
school districts to compete for these funds to mitigate lead
contamination.
COMMENTS
1)Purpose . The Lead-Safe Schools Protection Act of 1992
required the Department of Health Services (DHS) to conduct a
study regarding lead. As part of this 1998 report, DHS
indicated water may 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 may also leak from lead plumbing
solder, which was commonly used until 1983 (when it was
banned).
Using weighted sample analysis, the study estimated that 18.1%
of schools may have water outlets with lead content that
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exceeds federal recommended levels. While lead content was
highest in schools built before 1940, schools of all ages had
water samples with lead content above the federal recommended
levels. The report recommended evaluating the lead content of
drinking water in public schools using USEPA guidelines,
including collecting water using standard sampling techniques
that should be analyzed only by laboratories certified by DHS.
According to the author, "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. Because children spend
so much time in school and their bodies are developing
rapidly, it is important to provide safe drinking water to
avoid health problems linked to lead."
2)SB 1564 (Schiff), Chapter 330, Statutes of 1998 allocated
$1.053 million GF/98 (one-time) to fund lead testing in
drinking water in public elementary and secondary schools.
Chapter 330 allocated $120 to each elementary school site 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. Districts
that conducted this testing were not required to provide data
to SDE and therefore, statewide information is not available
on the extent and results of the tests.
Existing law establishes the School Facilities Needs
Assessment Grant Program, which awards school districts grants
to develop a comprehensive needs assessment of eligible
schoolsites. Among the information the assessment is required
to contain is the useful life remaining on all major building
systems, including the water system.
3)Previous legislation . AB 2965 (Krekorian), similar to this
measure, was held on this committee's suspense file in May
2008.
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Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081