Amended  IN  Senate  May 02, 2023
Amended  IN  Senate  March 27, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 499

Introduced by Senator Menjivar
(Coauthor: Senator Stern)

February 14, 2023

An act to add Article 5 (commencing with Section 17615) to Chapter 5 of Part 10.5 of Division 1 of Title 1 of the Education Code, relating to educational facilities.


LEGISLATIVE COUNSEL'S DIGEST


SB 499, as amended, Menjivar. Early childhood education facilities: school School facilities: School Extreme Heat Action Plan Act of 2023.
Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child daycare facilities, daycare centers, and family daycare homes by the State Department of Social Services. The act exempts from its provisions certain types of these facilities and certain programs, including, among others, a California state preschool program operated by a local educational agency under contract with the State Department of Education and that meets specified conditions and operates in a school building. Existing law requires the governing board of any school district to, among other things, repair its school property.
This bill, the School Extreme Heat Action Plan Act of 2023, would, among other things, require all schoolsites, as defined, at the earliest possible time or, at the latest, the next time resurfacing or replacement of outdoor surfaces is required, outdoor surfaces are resurfaced or replaced at the schoolsite, to replace low specific heat surfaces, such as cement, asphalt, brick, pebbles, sand, aggregates, rubber, and synthetic turf, with high specific heat surfaces, such as cool pavement technologies, natural grass, shrubs, trees, wood chips, or other natural systems that mitigate heat and pollution, as provided. The bill would require all schoolsite decisionmaking personnel involved in the replacement or resurfacing of outdoor surfaces at a schoolsite to be trained in extreme heat mitigation measures. By imposing additional duties on local educational entities, the bill would impose a state-mandated local program.
This bill would, on or before January 1, 2025, require all schoolsites, as defined, to develop an extreme heat action plan, as specified, and, by January 1, 2027, to begin implementation of their extreme heat action plan. The bill would require the plan to include installing or planting (1) shade trees or mini-forests, positioned on schoolsites where pupils can access them when in attendance, (2) school garden infrastructure and plantings, and (3) coniferous tree green barriers between the schoolsite and any adjacent high-polluting streets or commercial projects. By imposing additional duties on local educational entities, the bill would impose a state-mandated local program.
This bill would require the State Department of Education, in consultation with the State Department of Social Services, as appropriate, to develop a template for an extreme heat action plan to be used by schoolsites, and to make a model program guidebook available to schoolsites and establish a process for systematically updating the guidebook and supporting documentation. The bill would require the State Department of Social Services to identify a liaison for child daycare facilities, daycare centers, and family daycare homes facilities, as defined, for these purposes.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Schools are largely characterized by impervious surfaces where water cannot easily percolate into the soil, including streets, sidewalks, playgrounds, and parking lots. These surfaces are generally composed of cement, asphalt, brick, pebbles, aggregates, rubber, or synthetic turf, which absorb and store radiation throughout the day and slowly release heat throughout the night. They are nonporous and therefore do not allow water to flow through them. Air that is close to, and water runoff from, these surfaces are polluted with toxic chemicals used in the creation of these surfaces.
(b) School planning often disconnects construction and renovation from natural systems, such as forests, waterways, and wildlife habitats. The presence of nature-rich school grounds are strongly correlated with income in most cities across California. This means that schools with the fewest resources usually also have the least access to nature, increasing extreme heat and environmental pollution.
(c) Children spend a significant portion of their day at their schoolsite. Adding green spaces to school yards schoolyards has been linked to persistent changes in recess behavior, including increased physical activity and social collaboration. The choices schools and school districts make about how they manage their land directly impacts pupils’ daily experiences, their mental and physical health, and their learning outcomes.
(d) The removal of surfaces that absorb heat, and the increase of natural systems on school grounds, directly protects children from high temperatures and reduces urban heat islands in the surrounding community, while also making school grounds more comfortable for both children and adults.
(e) An ecological schoolyard with trees and other plantings provides a peaceful, comfortable, and aesthetically pleasant environment for pupils, particularly for those pupils who lack the desire or ability to engage in competitive, fast-paced, or more structured activities. This has been shown to improve mental health and the ability to pay attention for both children and adults. The presence of trees on school grounds is associated with higher academic achievement for pupils.
(f) Ecological schoolyards provide a diverse, engaging, and multifaceted play and social environment that encourages collaborative and cooperative play and social interaction, reducing the aggression and bullying that occurs on traditional playgrounds.

SEC. 2.

 Article 5 (commencing with Section 17615) is added to Chapter 5 of Part 10.5 of Division 1 of Title 1 of the Education Code, to read:
Article  5. School Extreme Heat Action Plan Act of 2023

17615.
 This article shall be known, and may be cited, as the School Extreme Heat Action Plan Act of 2023.

17615.1.
 For purposes of this article, the following definitions apply:
(a) “Child daycare facility” means a facility facility, owned or operated by a local educational agency, that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child The term “child daycare facilities facilities” includes daycare centers, employer-sponsored childcare centers, and family daycare homes. infant centers, preschools, extended daycare facilities, and schoolage childcare centers.

(b)“Daycare center” means any child daycare facility, other than a family daycare home, and includes infant centers, preschools, extended daycare facilities, and schoolage childcare centers.

(c)“Earliest possible time” means the next time an outdoor surface of a schoolsite is planned to be replaced or resurfaced.

(d)“Family daycare home” means a home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home, as those terms are defined in Section 1596.78 of the Health and Safety Code.

(b) “Local educational agency” means a school district or charter school.

(e)

(c) “Outdoor surfaces” means any ground surface within the boundaries of the school property.

(f)

(d) “School designee” means a schoolsite or school district local educational agency employee identified by a the schoolsite or school district local educational agency to carry out and ensure that the requirements of this article are met.

(g)

(e) “Schoolsite” means any facility used as a child daycare facility or by a school district, county office of education, or charter school local educational agency for purposes of providing kindergarten or any of grades 1 to 12, inclusive, including buildings, structures, playgrounds, athletic fields, areas for vehicles, or any other area of property visited or used by pupils. “Schoolsite” does not include any institution of higher education facility attended by pupils or any private school offering kindergarten or any of grades 1 to 12, inclusive.

(h)

(f) “Specific heat” means the heat necessary to raise the temperature of a substance by 1 degree Celsius, taking into account the mass of the substance and the amount of temperature change in Celsius.

17615.2.
 (a) It is the policy of this state that outdoor surfaces with high specific heat should be the preferred method of resurfacing outdoor surfaces at schoolsites and that the state, in order to reduce children’s exposure to extreme heat, should take the necessary steps to facilitate the adoption of effective high specific heat surfaces at schoolsites pursuant to this article.
(b) At the earliest possible time or, at the latest, the next time resurfacing or replacement of outdoor surfaces of a schoolsite is required, all schoolsites The next time the outdoor surfaces of a schoolsite are resurfaced or replaced, the schoolsite shall replace low specific heat surfaces, such as cement, asphalt, brick, pebbles, sand, aggregates, rubber, and synthetic turf, with high specific heat surfaces, such as cool pavement technologies, natural grass, shrubs, trees, wood chips, or other natural systems that mitigate heat and pollution.
(c) The school designee shall make every effort to meet the requirements of this section in the least costly manner, to the extent permissible under state law.
(d) All schoolsite decisionmaking personnel involved in the replacement or resurfacing of outdoor surfaces at a schoolsite shall be trained in extreme heat mitigation measures.

17615.3.
 (a) The department, in consultation with the State Department of Social Services, as appropriate, shall do both of the following:
(1) Develop a template for an extreme heat action plan to be used by schoolsites.
(2) Make a model program guidebook available to schoolsites and establish a process for systematically updating the guidebook and supporting documentation.
(b) The State Department of Social Services shall identify a liaison for child daycare facilities, daycare centers, and family daycare homes facilities for purposes of this article.

17615.4.
 On or before January 1, 2025, all schoolsites shall develop an extreme heat action plan and, by January 1, 2027, shall begin implementation of their extreme heat action plan, to do all of the following:
(a) Install or plant shade trees or mini-forests, positioned on schoolsites where pupils can access them when in attendance. Planting locations for shade trees shall be selected to improve the thermal comfort of outdoor surfaces, including:
(1) Directly protecting pupils from the effects of extreme heat.
(2) Casting shade on adjacent classroom windows in schoolsite buildings to help reduce temperatures indoors and save cooling costs during the warmest parts of the year.
(b) Install or plant school garden infrastructure and plantings, such as raised garden beds, potting soil, hoses, and installation of native, low-water, and food-producing plants that may help block the wind or provide shade.
(c) Install or plant a coniferous tree barrier green barrier, such as a hedgegrow of native plants, fruit trees, or conifers, between the schoolsite and any adjacent high-polluting streets or commercial projects.

SEC. 3.

 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.