AB 885: Pupil health: drinking water: lead.

Existing law requires a school district to provide access to free, fresh drinking water during meal times in school food service areas, except as specified. 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 require a community water system, as defined, to test, on or before July 1, 2019, and every year thereafter, for the presence of lead at each a sample of water outlet outlets used for drinking or cooking at each school, defined to include a public elementary school, a public secondary school, a public preschool located on public school property, and a public day care facility located on public school property, constructed before January 1, 1994, 1993, within the boundaries of the community water system. The bill would require, if testing reveals an elevated lead level, as defined, at a water outlet at a school, the school to close off access to the outlet, as specified; report the test results to the State Water Resources Control Board; purchase and install certified water filters at all school faucets, fountains, and other outlets designated for drinking or cooking that were not closed off; on or before July 1, 2022, replace all lead-bearing parts parts, as defined, within the schools water delivery system, where feasible and cost effective; and, on or before January 1, 2020, develop and adopt a plan of action relating to these requirements. By imposing additional duties on public schools, the bill would impose a state-mandated local program. The bill would exempt a school and a community water system from its provisions if the school demonstrates to the satisfaction of the State Water Resources Control Board that its water delivery system is free of lead-bearing parts.

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.