| AMENDED IN ASSEMBLY APRIL 18, 2017 |
| AMENDED IN ASSEMBLY MARCH 30, 2017 |
CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION
| ASSEMBLY BILL | No. 746 |
| Introduced by Assembly Members Gonzalez Fletcher, McCarty, and Rubio |
February 15, 2017 |
An act to add Section 116277 to the Health and Safety Code, relating to public health.
AB 746, as amended, Gonzalez Fletcher. Public health: potable water: lead testing: schoolsites and campuses.
Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration programs relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adoption of implementing regulations, and conducting studies and investigations to assess the quality of water in private domestic water supplies. The act requires the state board to establish a grant program, in consultation with the State Department of Education, to award grants to local educational agencies for the purposes of improving access to, and the quality of, drinking water in public schools serving kindergarten or any of grades 1 to 12, inclusive, and preschools and child day care facilities located on public school property.
This bill would require a local educational agency, the Board of Governors of the California Community Colleges, and the Trustees of the California State University, at least once a year, University to test for lead in the potable water system at every schoolsite, including preschool locations, schoolsite or campus within their respective jurisdictions. jurisdictions at least once a year or once every 3 years, depending on whether a building was constructed before or after January 1, 1986. The bill would require, if a test reveals that a schoolsite’s or campus’ lead level is greater than the United States Environmental Protection Agency drinking water standards for lead, as those standards existed on January 1, 2017, the local educational agency to notify parents and guardians, and the board of governors and the trustees to notify students, of the elevated level and provide information on how to obtain physician testing for any pupil or student who may be affected. The bill would require a local educational agency, the board of governors, and the trustees to make inoperable and shut down from use any part of a schoolsite or campus potable water system that has an elevated lead level. By imposing additional duties on local educational agencies and community college districts, the bill would impose a state-mandated local program. The bill would encourage the Regents of the University of California to adopt an appropriate resolution to implement these provisions for the University of California.
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: yes
BILL TEXT
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1.
Section 116277 is added to the Health and Safety Code, to read:
116277.
(a) (1) At least once a year, a local educational agency shall test for lead in the potable water system at every schoolsite, schoolsite with a building constructed before January 1, 1986, including preschool locations, within the jurisdiction of the local educational agency.
(2) At least once every three years, a local educational agency shall test for lead in the potable water system at every schoolsite with a building constructed on or after January 1, 1986, including preschool locations, within the jurisdiction of the local educational agency.
(2)
(3) If a test reveals that a schoolsite’s lead level is greater than the United States Environmental Protection Agency drinking water standards for lead, as those standards existed on January 1, 2017, the local educational agency shall notify, within seven days of receiving test results, the parents and guardians of the pupils who attend the school or preschool where the elevated lead level was found of the elevated level and provide information to those parents and guardians on how to obtain physician testing for any pupil who may be affected by the elevated lead level.
(3)
(4) A local educational agency shall make inoperable and shut down from use any part of a schoolsite potable water system that has an elevated lead level.
(5) If a test reveals that a schoolsite’s lead level is greater than 5 parts per billion, every potable water system at the schoolsite shall be tested that year.
(b) (1) At least once a year, the Board of Governors of the California Community Colleges and the Trustees of the California State University shall test for lead in the potable water system at every campus with a building constructed before January 1, 1986, within their respective jurisdictions.
(2) At least once every three years, the Board of Governors of the California Community Colleges and the Trustees of the California State University shall test for lead in the potable water system at every campus with a building constructed on or after January 1, 1986, within their respective jurisdictions.
(2)
(3) If a test reveals that a campus lead level is greater than the United States Environmental Protection Agency drinking water standards for lead, as those standards existed on January 1, 2017, the Board of Governors of the California Community Colleges or the Trustees of the California State University shall notify, within seven days of receiving test results, students who attend the campus where the elevated lead level was found of the elevated level and provide information to those students on how to obtain physician testing for any student who may be affected by the elevated lead level.
(3)
(4) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall make inoperable and shut down from use any part of a campus potable water system that has an elevated lead level.
(5) If a test reveals that a campus lead level is greater than 5 parts per billion, every potable water system at the campus shall be tested that year.
(c) The Regents of the University of California are encouraged to adopt an appropriate resolution to implement subdivision (b) for the University of California.
(d) A local educational agency, the Board of Governors of the California Community Colleges, and the Trustees of the California State University may do the following:
(1) Contract with a third party to conduct testing required by this section.
(2) Seek the assistance of a local health agency, a community water system, or the State Water Resources Control Board to ensure compliance with this section.
(e) A local educational agency, the Board of Governors of the California Community Colleges, and the Trustees of the California State University shall use the State Water Resources Control Board’s protocol for testing water.
(f) For purposes of this section, the following definitions apply:
(1) “Local educational agency” means a school district, county office of education, or charter school.
(2) “Potable water system” means the water fountains and faucets used for drinking and preparing food.
SEC. 2.
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.