Bill Text: CA AB1851 | 2023-2024 | Regular Session | Amended
Bill Title: Drinking water: schoolsites: lead testing pilot program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-07-03 - From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (July 3). Re-referred to Com. on APPR. [AB1851 Detail]
Download: California-2023-AB1851-Amended.html
Amended
IN
Assembly
March 12, 2024 |
Introduced by Assembly Member Holden |
January 17, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would require the Superintendent of Public Instruction to contract with a nonprofit technical assistance organization, for purposes of a pilot program applicable to unspecified school districts, to sample all potable water system outlets on the
campuses of the school district for lead contamination, except as provided, and to identify and remediate any potable water system outlet emitting water containing lead levels in excess of 5 parts per billion. The bill would require the nonprofit technical assistance organization, if sampling results show lead levels in excess of 5 parts per billion for any potable water system outlet, to take immediate steps to shut down all potable water system outlets where excess lead levels may exist and to work to ensure that a lead-free source of drinking water is provided for pupils at each potable water system outlet that has been shut down.
The bill would require the nonprofit technical assistance organization to notify the school district of the sampling results, and would require the school district to notify the parents and guardians of pupils enrolled at a school in which a water sample of a potable water system outlet contains lead levels in excess of 5 parts per
billion, as provided. By increasing the duties on school districts, the bill would impose a state-mandated local program. The bill would require the nonprofit technical assistance organization to report the sampling results for all potable water system outlets to the Superintendent and to any other state agency that requests the information. The bill would also require the nonprofit technical assistance organization, on or before January 1, 2028, to perform an analysis of the remediation methods employed during the pilot program and provide recommendations to the department for remediating lead in drinking water in schools.
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 the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares all of the following:(a)The pilot program described in this section shall apply to all of the following school districts: ____.
(b)The Superintendent shall contract with a nonprofit technical assistance organization pursuant to subdivision (f) to do both of the following, on or before January 1, 2028, for a school district identified in subdivision (a):
(1)(A)Sample all potable water system outlets on the campuses of the school district for lead contamination.
(B)A school campus is not subject to sampling pursuant to subparagraph (A) if the campus does not include at least one building that was built before January 1, 2010, or if all potable water system outlets on the campus have been tested for lead on or after January 1, 2019.
(C)Sampling shall be conducted in accordance with Modules 4 and 5 of the United States Environmental Protection Agency’s “3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities” manual, or subsequent United States Environmental Protection Agency guidance as identified by the State Water Resources Control Board.
(2)Identify and remediate any potable water system outlet emitting water containing lead levels in excess of 5 parts per billion, with a goal of reducing lead levels to zero.
(c)(1)If the sampling results show lead levels in excess of 5 parts per billion for any potable water system outlet, the nonprofit technical assistance organization
shall do both of the following:
(A)Take immediate steps to make inoperable and shut down from use all potable water system outlets where the excess lead levels may exist.
(B)(i)Work to ensure that a lead-free source of drinking water is provided for pupils at each potable water system outlet that has been shut down due to elevated lead levels.
(ii)For purposes of clause (i), providing a lead-free source of drinking water may include, but is not limited to, replacing any fixtures that are contributing to the elevated lead levels, providing onsite water filtration, or providing alternative sources of lead-free drinking water.
(2)The nonprofit technical assistance organization shall not attempt to remediate excess levels of lead by flushing the water in a potable water system outlet.
(3)If a potable water system outlet is replaced because of excess levels of lead found as a result of sampling pursuant to this section, the contractor shall retest replaced potable water system outlets within 3 months of the failed test to ensure compliance. Replaced potable water system outlets shall be tested and shown to not emit water with lead levels in excess of 5 parts per billion before they are to be used for drinking or cooking. Water from a remediated potable water system outlet, or water from any other source provided to pupils after sampling, shall not contain lead levels in excess of 5 parts per billion.
(d)(1)The nonprofit technical assistance organization shall notify the school district of the sampling results for potable water system outlets on the school district’s campuses upon
receipt from the laboratory.
(2)(A)The school district shall notify the parents and guardians of pupils enrolled at a school in which a water sample of a potable water system outlet contains lead levels in excess of 5 parts per billion.
(B)The notice provided pursuant to subparagraph (A) shall occur within 2 days of the receiving the sampling results from the nonprofit technical assistance organization. The notification shall provide information developed by the State Department of Public Health on the impact of elevated lead levels on children.
(3)The notice provided by the nonprofit technical assistance organization to the school district, and the notice provided by the school district to parents and guardians, shall include information about the potable water system outlet where the elevated lead level was found, whether the potable water system outlet was decommissioned, and what measures were taken to remediate the elevated lead levels, including measures to provide an alternate source of water for drinking or cooking.
(e)The nonprofit technical assistance organization shall report the sampling results for all potable water system outlets to the Superintendent and to any other state agency that requests the information. A report of sampling results shall be provided in a standard electronic format and include all of the following information:
(1)The name of the school district.
(2)The name of the school.
(3)The school address.
(4)The identification number for the potable water system outlet.
(5)Date of the test.
(6)The amount of lead contained in the sample, in parts per billion.
(7)A description of any remediation action taken, reported as any of the following:
(A)Faucet replaced.
(B)Filter installed.
(C)Faucet decommissioned.
(D)Replaced faucet failed to reduce lead levels to less than 5 parts per billion.
(E)Other, including alternative remediation actions in which a replaced faucet has failed to reduce lead levels to less than 5 parts per billion.
(F)Alternative source of water provided.
(f)(1)For purposes of implementing this section, the Superintendent shall contract with a nonprofit technical assistance organization to conduct the water sampling, assist schools with remediation, and collect and report the sampling results.
(2)A laboratory that evaluates a water sample for purposes of this section shall have current accreditation pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code.
(g)(1)On or before January 1, 2028, the nonprofit technical assistance organization shall perform an analysis of the remediation methods employed during the pilot program and provide
recommendations to the department for remediating lead in drinking water in schools. The analysis and recommendations shall inform the department about the most health-protective and cost-effective remediation methods that will do all of the following:
(A)Reduce lead levels in drinking water in all potable water system outlets in schools to as close to zero lead as possible, but no more than 5 parts per billion.
(B)Protect the health of all pupils, especially the health of the most vulnerable, disadvantaged pupils, and pupils in schools that receive funding pursuant to Title I of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.).
(C)Address the needs and implementation challenges of both large, medium, and small school districts, as well as school districts that are located in disadvantaged communities, that serve primarily schools that receive funding pursuant to Title I of the federal Elementary and Secondary Education Act of 1965, or that are chronically underfunded.
(2)As part of the analysis described in paragraph (1), the nonprofit technical assistance organization shall evaluate the cost effectiveness, feasibility, and health benefits of installing lead-removing filtration devices on school campuses in lieu of sampling and other remediation efforts.
(h)For purposes of this section, “potable water system outlet” means all cold water outlets, including single-handle faucets that dispense both hot and cold water, which are reasonably expected to be used for drinking and food preparation as depicted in Module 4 of the United States Environmental Protection Agency’s “3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities”
manual.
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.