AB 2370: Lead exposure: child day care facilities: family day care homes.

(1)Under existing law, the California Child Day Care Facilities Act, the State Department of Social Services licenses and regulates child day care facilities, as defined, and family day care home licensees. The act requires that, as a condition of licensure and in addition to any other required training, at least one director or teacher at each day care center, and each family day care home licensee who provides care, have at least 15 hours of health and safety training, covering specified components, including a preventive health practices course or courses on recognition, management, and prevention of infectious diseases and prevention of childhood injuries. A willful or repeated violation of the act, or any rule or regulation promulgated under the act, is a misdemeanor punishable by a fine not to exceed $1,000 or by imprisonment in a county jail for a period not to exceed 180 days, or by both the fine and imprisonment, and a serious violation of the act is subject to daily civil penalties, as specified.

This bill would additionally require, as a condition of licensure for licenses issued on or after July 1, 2020, the health and safety training to include instruction in the prevention of lead exposure as a part of the preventive health practices course or courses component. The bill would require the child day care facility, upon enrolling or reenrolling any child, to provide the parent or guardian with written information on the risks and effects of lead exposure, blood lead testing recommendations and requirements, and options for obtaining blood lead testing, as specified.

This bill would require a licensed child day care center that is located in a building that was constructed before January 1, 2010, to have its drinking water tested for lead contamination levels on a specified schedule and to notify parents or legal guardians of children enrolled in the day care center of the requirement to test the drinking water and the results of the test. If a licensed child day care center is notified that it has elevated lead levels, the bill would require the day care center to immediately make inoperable and cease using the affected fountains and faucets and obtain a potable source for water for children and staff. The bill would require the State Water Resources Control Board to post all test results received pursuant to these provisions on its Internet Web site and require the department, in consultation with the State Water Resources Control Board, to adopt regulations implementing these provisions no later than January 1, 2021. The bill would authorize the department to implement and administer these provisions through all-county letters or similar written instructions until regulations are adopted. Because a violation of certain requirements of this bill or regulations adopted under the bill would be a crime, and because the bill would expand the crime of perjury, the bill would impose a state-mandated local program.

This bill would require the state board to provide grants for testing drinking water lead levels in licensed child day care centers and other specified activities, from any funds appropriated to the state board for those purposes.

(2)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 no reimbursement is required by this act for a specified reason.