BILL NUMBER: SB 334 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 3, 2015
AMENDED IN SENATE APRIL 20, 2015
INTRODUCED BY Senator Leyva
( Coauthors: Senators Leno
and Pavley )
FEBRUARY 23, 2015
An act to amend Section 38086 of, to add Sections 32241.5, 32246,
32247, 32248, and 32249 to, and to add Article 13 (commencing with
Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of,
the Education Code, relating to pupil health.
LEGISLATIVE COUNSEL'S DIGEST
SB 334, as amended, Leyva. Pupil health: drinking water.
(1) Existing law requires a school district to provide access to
free, fresh drinking water during meal times in school food service
areas, unless the governing board of a school district adopts a
resolution stating that it is unable to comply with this requirement
and demonstrating the reasons why it is unable to comply due to
fiscal constraints or health and safety concerns. Existing law
requires the resolution to be publicly noticed on at least 2
consecutive meeting agendas and approved by at least a majority of
the governing board of the school district.
This bill would delete the provision authorizing a school district
to adopt a resolution stating that it is unable to provide access to
free, fresh drinking water during meal times. The bill would instead
specify that a school district shall provide access to free, fresh,
and clean drinking water during meal times through the use of
drinking water access points, as defined. The bill also
would require a school district to provide access to free, fresh, and
clean drinking water throughout the schoolday, including, but not
limited to, during recreation times, as specified. By
imposing additional duties on school districts, this bill would
impose a state-mandated local program.
This bill would require a school district that has drinking water
sources with drinking water that does not meet the United States
Environmental Protection Agency drinking water standards for lead or
any other contaminant to close access to those drinking water
sources, to provide alternative drinking water sources, as specified,
and to notify specified persons if the school district is required
to provide those alternative drinking water sources. By imposing
additional duties on schools and school districts, this bill would
impose a state-mandated local program.
(2) Under existing law, known as the Lead-Safe Schools Protection
Act, the State Department of Public Health is required to perform
various activities related to reducing the risk of exposure to lead
hazards in public schools.
This bill would require the State Department of Education to work
with the State Department of Public Health 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
bill would prohibit drinking water that does not meet the United
States Environmental Protection Agency drinking water standards for
lead from being provided at a school facility
facility, and would require a school district that has such
drinking water to identify the most urgent mitigation needs and
develop a protocol or plan for mitigation. The bill would require the
State Department of Public Health to test drinking water sources at
all schoolsites a sample of schoolsite
s, as specified, for lead in the drinking water
water, and would require a school
district to report information related to the data
collected through this testing to be posted on
the Internet Web sites of the State Department of Education and
the State Department of Public Health. The bill would require a
public school that has lead-containing plumbing components to
flush all drinking water sources at the beginning of each schoolday,
except as provided. By imposing additional duties on
public schools and school districts, this bill would impose a
state-mandated local program.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 32241.5 is added to the Education Code, to
read:
32241.5. The department shall work with the State Department of
Public Health 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 sent by
school districts to the department gathered
pursuant to subdivision (b) of Section 33247
32247 shall be considered in the development of the guidelines
and best practices.
SEC. 2. Section 32246 is added to the Education Code, to read:
32246. Drinking water that does not meet the United States
Environmental Protection Agency drinking water standards for lead
shall not be provided at a school facility.
SEC. 3. Section 32247 is added to the Education Code, to read:
32247. (a) The State Department of Public Health shall test
drinking water sources at all a sample of
schoolsites for lead in the drinking water. The sample
shall include schools that are representative of the state by
geographical region, size of enrollment, and areas identified
pursuant to Section 39711 of the Health and Safety Code.
(b) A school district shall report The
data collected by the State Department of Public Health
shall include drinking water lead testing information,
including, but not limited to, dates of testing, number and type of
drinking water sources tested, test results, and adopted
protocols or plans for mitigation, to the State Department of Public
Health and the department. and test results.
(c) The State Department of Public Health and the department shall
do both of the following:
(1) Establish a process for receiving, recording, and making
public the data received from school districts.
testing water at schoolsites.
(2) Post the data received from school districts
collected during drinking water lead testing on
the departments' respective Internet Web sites.
(d) The State Department of Public Health shall not test drinking
water sources that meet either of the following conditions:
(1) Are located at schoolsites constructed after January 1, 2010.
(2) Have been tested by the State Department of Public Health or a
certified professional employed or hired by a school district and
meets the United States Environmental Protection Agency and state
drinking water standards for lead.
SEC. 4. Section 32248 is added to the Education Code, to read:
32248. (a) A school district that has drinking water sources with
drinking water that does not meet the United States Environmental
Protection Agency drinking water standards for lead shall work with
the State Department of Public Health and the local department of
public health to identify the most urgent mitigation needs and
develop a protocol or plan for mitigation.
(b) The protocol or plan shall identify timelines and funding
sources for mitigation.
(c) The protocol or plan shall 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.
SEC. 5. Section 32249 is added to the Education Code, to read:
32249. A school that has lead-containing plumbing components
shall flush all drinking water sources for a minimum of 30 seconds at
the beginning of each schoolday, consistent with protocols
recommended by the United States Environmental Protection Agency.
A school is not required to flush drinking water sources that
have been shut off or have been certified as free of lead.
SEC. 6. Section 38086 of the Education Code is amended to read:
38086. (a) A school district shall provide access to free, fresh,
and clean 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
federal National School Lunch Program or the federal School Breakfast
Program are served or consumed. A school district may comply with
this section by, among other means, providing cups and containers of
water or soliciting or receiving donated bottled water.
(b) A school district shall comply with this section through the
use of drinking water access points, as prescribed by
Section 49580 points .
(c) For purposes of this section, "drinking water access point" is
defined as a station, plumbed or unplumbed, where pupils can access
free, fresh, and clean drinking water. An unplumbed access point may
include water bottles and portable water dispensers.
SEC. 7. Article 13 (commencing with Section 49580) is added to
Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code,
to read:
Article 13. Drinking Water
49580. (a) A school district shall provide access to free, fresh,
and clean drinking water throughout the schoolday, including, but
not limited to, during both of the following:
(1) Meal times, as provided for in Section 38086.
(2) Recreation times, including, but not limited to, while pupils
are engaged in physical activity, in the recreation areas of the
schools under its jurisdiction. Recreation areas are any areas in
which pupils participate in recreation, including, but not limited
to, playgrounds, gymnasiums, cafeterias, and recreation centers.
(b) A school district shall comply with this section by providing
one or more drinking water access points.
(c) For purposes of this section, "drinking water access point" is
defined as a station, plumbed or unplumbed, where pupils can access
free, fresh, and clean drinking water. An unplumbed access point may
include water bottles and portable water dispensers.
49581. 49580. (a) A school district
that has drinking water sources with drinking water that does not
meet the United States Environmental Protection Agency drinking water
standards for lead or any other contaminant shall close access to
those drinking water sources immediately upon receipt of test results
or notification from the public water system.
(b) (1) If, as a result of closing access to a drinking water
source pursuant to subdivision (a), 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.
(2) An alternative drinking water source provided pursuant to this
subdivision 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.
(c) A school district shall 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.
SEC. 8. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.