Amended
IN
Senate
May 26, 2017 |
Amended
IN
Senate
March 15, 2017 |
Senate Bill | No. 210 |
Introduced by Senator Leyva (Principal coauthor: Assembly Member Reyes) |
February 01, 2017 |
(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.
This bill would require a school district that has drinking water fixtures with drinking water that does not meet the United States Environmental Protection Agency drinking water standards for lead or
is above the California maximum contaminant level for any other contaminant, as specified, to close access to those drinking water fixtures, 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 public 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, including, among other activities, working with the State Department of Education to develop voluntary guidelines to ensure that lead hazards are minimized in the course of school repair and maintenance programs and abatement procedures.
This bill
would prohibit drinking water that does not meet the United States Environmental Protection Agency drinking water standards for lead or is above the California maximum contaminant level for any other contaminant, as specified,
from being provided
for consumption at a school facility.
(3)Existing
(4)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.
Drinking water that does not meet the United States Environmental Protection Agency drinking water standards for lead or is above the maximum contaminant level for any other contaminant pursuant to Title 22 of the California Code of Regulations shall not be provided for consumption at a school facility.
(a)A school district that has drinking water fixtures with drinking water that does not meet the United States Environmental Protection Agency drinking water standards for lead or is above the maximum contaminant level for any other contaminant
pursuant to Title 22 of the California Code of Regulations shall close access to those drinking water
fixtures 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 fixture 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 or legal guardians, 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.
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.