AB 2638: School facilities: drinking water: water bottle filling stations.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-09-29
(1)Existing law requires a school district to provide access to free, fresh drinking water during meal times in school food service areas by July 1, 2011, 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 new construction or modernization project submitted to the Division of the State Architect by a school district or the governing body of a charter school to include water bottle filling stations, as specified. The bill would require, for modernization projects, a minimum of one water bottle filling station for each school undergoing modernization, and for new construction projects, a minimum of one water bottle filling station per 350 people at each school being constructed. The bill would require water bottle filling stations to be placed in or near high traffic and common areas and to meet specified requirements, including dispensing drinking water that meets primary drinking water standards and secondary drinking water standards, as defined. The bill would provide that these requirements only apply to new construction and modernization projects submitted to the Division of the State Architect 3 months after voters approve a statewide general obligation bond that provides funds for school facilities for kindergarten or any of grades 1 to 12, inclusive, at a statewide election occurring on or after November 1, 2022.
This bill would require a school district or the governing body of a charter school to allow pupils, teachers, and staff to bring and carry water bottles, as specified. The bill would require administrators of a school district or the governing body of a charter school to inform teachers, staff, parents, and pupils of their rights under these provisions and to encourage water consumption through promotional and educational activities and signage, as specified.
By imposing new duties on local educational agencies, this bill would impose a state-mandated local program.
(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, 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.
(1)Existing law requires a school district to provide access to free, fresh drinking water during meal times in school food service areas by July 1, 2011, 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 new construction or modernization project submitted to the Division of the State Architect by a school district or the governing body of a charter school to include water bottle filling stations, as specified. The bill would require, for modernization projects, a minimum of one water bottle filling station for each school undergoing modernization, and for new construction projects, a minimum of one water bottle filling station per 350 people at each school being constructed. The bill would require water bottle filling stations to be placed in or near high traffic and common areas and to meet specified requirements, including dispensing drinking water that meets primary drinking water standards and secondary drinking water standards, as defined. The bill would provide that these requirements only apply to new construction and modernization projects submitted to the Division of the State Architect 3 months after voters approve a statewide general obligation bond that provides funds for school facilities for kindergarten or any of grades 1 to 12, inclusive, at a statewide election occurring on or after November 1, 2022.
This bill would require a school district or the governing body of a charter school to allow pupils, teachers, and staff to bring and carry water bottles, as specified. The bill would require administrators of a school district or the governing body of a charter school to inform teachers, staff, parents, and pupils of their rights under these provisions and to encourage water consumption through promotional and educational activities and signage, as specified.
By imposing new duties on local educational agencies, this bill would impose a state-mandated local program.
(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, 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.
(1)Existing law requires a school district to provide access to free, fresh drinking water during meal times in school food service areas by July 1, 2011, 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 or the governing body of a charter school to ensure that each school is equipped with water bottle filling stations, as specified. The bill would require, beginning in the 202324 school year, a minimum of one water bottle filling station at each school and would require, beginning in the 202425 school year, a minimum of one water bottle filling station per 300 people at each school. new construction or modernization project submitted to the Division of the State Architect by a school district or the governing body of a charter school to include water bottle filling stations, as specified. The bill would require, for modernization projects, a minimum of one water bottle filling station for each school undergoing modernization, and for new construction projects, a minimum of one water bottle filling station per 350 people at each school being constructed. The bill would require water bottle filling stations to be placed in or near high traffic and common areas and to meet specified requirements, including dispensing drinking water that meets primary drinking water standards and secondary drinking water standards, as defined. The bill would provide that these requirements only apply to new construction and modernization projects submitted to the Division of the State Architect 3 months after voters approve a statewide general obligation bond that provides funds for school facilities for kindergarten or any of grades 1 to 12, inclusive, at a statewide election occurring on or after November 1, 2022.
This bill would require a school district or the governing body of a charter school to allow pupils, teachers, and staff to bring and carry water bottles, as specified. The bill would require administrators of a school district or the governing body of a charter school to inform teachers, staff, parents, and pupils of their rights under these provisions and to encourage water consumption through promotional and educational activities and signage, as specified. The bill would make these provisions operative on July 1, 2023, and would make implementation of these provisions contingent upon an appropriation of funds by the Legislature.
By imposing new duties on local educational agencies, this bill would impose a state-mandated local program.
(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, 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.
(1)Existing law requires a school district to provide access to free, fresh drinking water during meal times in school food service areas by July 1, 2011, 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 or the governing body of a charter school to be ensure that each school is equipped with water bottle filling stations. stations, as specified. The bill would require require, beginning in the 202324 school year, a minimum of one water bottle filling station at each school and would require, beginning in the 202425 school year, a minimum of one water bottle filling station per 300 people at each school. The bill would require water bottle filling stations to be placed as specified, including a minimum of one water bottle filling station per 150 people, in or near high traffic and common areas and to meet specified requirements, including dispensing safe, appealing, cooled, and filtered drinking water. drinking water that meets primary drinking water standards and secondary drinking water standards, as defined. The bill would require a school district or the governing body of a charter school to allow pupils, teachers, and staff to bring and carry approved water bottles, as specified. The bill would require administrators of a school district or the governing body of a charter school to inform teachers, staff, parents, and pupils of their rights under these provisions and to encourage water consumption through promotional and educational activities and signage, as specified. The bill would make these provisions operative on July 1, 2023, and would make implementation of these provisions contingent upon an appropriation of funds by the Legislature.
By imposing new duties on local educational agencies, this bill would impose a state-mandated local program.
(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, 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.
(1)Existing law requires a school district to provide access to free, fresh drinking water during meal times in school food service areas by July 1, 2011, 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 or charter school to be equipped with water bottle filling stations. The bill would require water bottle filling stations to be placed as specified, including a minimum of one water bottle filling station per 150 people, and to meet specified requirements, including dispensing safe, appealing, cooled, and filtered drinking water. The bill would require a school district or charter school to allow pupils, teachers, and staff to bring and carry approved water bottles, as specified. The bill would require administrators of a school district or charter school to inform teachers, staff, parents, and pupils of their rights under these provisions and to encourage water consumption through promotional and educational activities and signage, as specified.
By imposing new duties on local educational agencies, this bill would impose a state-mandated local program.
(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, 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.
The Legislature finds and declares all of the following:
(a)Water plays an important role in maintaining a childs overall health. Drinking water supports childrens muscles, joints, and tissues; improves their digestive system; and keeps their growing bodies hydrated.
(b)Adequate water intake can positively impact childrens cognitive performance, particularly short-term memory. Drinking water can also improve childrens visual attention and fine motor skills.
(c)Substituting sugary drinks with low or no calorie beverages, such as water, can prevent excess weight gain.
(d)From 2009 to 2012, inclusive, a national survey of children 6 to 19 years of age, inclusive, found that more than one-half (54.5 percent) of children and adolescents in the United States were inadequately hydrated. Inadequate hydration was more prevalent among boys and non-Hispanic, Black, and younger children, compared to girls and non-Hispanic, White, and older children.
(e)Reduction of sugary drink consumption is a key public health goal. Extensive science shows that sugary drinks contribute to obesity, and, even for children, increase the risk of developing type 2 diabetes and cardiovascular disease, and are their chief source of tooth decay. These conditions are laden with socioeconomic disparities.
(f)Plain water is the healthy substitute for sugary drinks. Currently, however, access to safe, free, and appealing water is lacking in many California schools, thus increasing disparities.
(g)On average, children drink about 2.4 ounces of water when they drink directly from a water fountain, which is about the size of a condiment cup. When they have access to water bottle filling stations, they can increase their water intake by as much as triple the amount.
(h)Increased access to free, safe, and appealing drinking water through the installation of water bottle filling stations will lead to increased consumption, which has numerous proven health benefits and leads to improved health outcomes.
SEC. 2.Chapter 2 (commencing with Section 38040) is added to Part 23 of Division 3 of Title 2 of the Education Code, to read:2.Drinking Water38040.For purposes of this chapter, water bottle filling station means a water dispenser accessible to all people in compliance with the federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) that dispenses clean drinking water directly into a water bottle or other drinking container.
38041.(a)(1)A new construction or modernization project submitted to the Division of the State Architect pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 by a school district or the governing body of a charter school shall include water bottle filling stations, consistent with the requirements of this section.
(2)The requirements of this section only apply to those projects described in paragraph (1) that are submitted to the Division of the State Architect three months after voters approve a statewide general obligation bond that provides funds for school facilities for kindergarten or any of grades 1 to 12, inclusive, at a statewide election occurring on or after November 1, 2022.
(b)(1)For modernization projects, there shall be a minimum of one water bottle filling station at each school undergoing modernization.
(2)For new construction projects, there shall be a minimum of one water bottle filling station per 350 people at each school being constructed.
(c)Water bottle filling stations shall be placed in or near high traffic and common areas, such as all of the following:
(1)Hallways.
(2)Gymnasiums.
(3)School food service areas.
(4)Outdoor recreation areas.
(5)Faculty lounges.
(d)Water bottle filling stations shall meet all of the following requirements:
(1)Dispense drinking water that meets primary drinking water standards and secondary drinking water standards, as defined in Section 116275 of the Health and Safety Code. The water bottle filling station shall dispense filtered water if necessary to meet those standards.
(2)Be regularly cleaned to maintain sanitary conditions.
(3)Be maintained on a regular basis to ensure they function properly.
(e)Water bottle filling stations may be combined with drinking fountains.
(f)School districts and governing bodies of charter schools are encouraged to install touchless bottle filling stations for sanitary reasons.
(g)School districts and governing bodies of charter schools are encouraged to install water bottle filling stations that dispense cooled water if the water bottle filling stations are located near an electrical source.
(h)(1)An existing water bottle filling station that was installed at a school before the enactment of this chapter shall count toward the minimum number of water bottle filling stations required pursuant to subdivision (b), provided that the water bottle filling station meets the requirements of subdivision (d).
(2)An existing water bottle filling station that was installed at a school before the enactment of this chapter that does not meet the requirements of subdivision (d) may be repaired or improved by a school in order to meet the requirements of subdivision (d). Upon repair or improvement of the water bottle filling station to meet the requirements of subdivision (d), the school may count the water bottle filling station toward the minimum number of water bottle filling stations required pursuant to subdivision (b).
38042.(a)A school district or the governing body of a charter school shall allow pupils, teachers, and staff to bring and carry water bottles.
(b)Water bottles may be excluded from libraries, computer labs, science labs, and other places where it is deemed dangerous to have drinking water.
(c)School districts and governing bodies of charter schools are encouraged to develop and adopt policies about the type of water bottles that may be carried.
38043.(a)Administrators of a school district or the governing body of a charter school shall inform teachers, staff, parents, and pupils about their rights under this chapter, including providing information in pupil and employee handbooks and making the information accessible on the internet website of the school district or charter school.
(b)Administrators of a school district or the governing body of a charter school shall encourage water consumption through promotional and educational activities and signage that focus on the benefits of drinking water and highlight water bottle filling stations throughout schools.
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.
The Legislature finds and declares all of the following:
(a)Water plays an important role in maintaining a childs overall health. Drinking water supports childrens muscles, joints, and tissues; improves their digestive system; and keeps their growing bodies hydrated.
(b)Adequate water intake can positively impact childrens cognitive performance, particularly short-term memory. Drinking water can also improve childrens visual attention and fine motor skills.
(c)Substituting sugary drinks with low or no calorie beverages, such as water, can prevent excess weight gain.
(d)From 2009 to 2012, inclusive, a national survey of children 6 to 19 years of age, inclusive, found that more than one-half (54.5 percent) of children and adolescents in the United States were inadequately hydrated. Inadequate hydration was more prevalent among boys and non-Hispanic, Black, and younger children, compared to girls and non-Hispanic, White, and older children.
(e)Reduction of sugary drink consumption is a key public health goal. Extensive science shows that sugary drinks contribute to obesity, and, even for children, increase the risk of developing type 2 diabetes and cardiovascular disease, and are their chief source of tooth decay. These conditions are laden with socioeconomic disparities.
(f)Plain water is the healthy substitute for sugary drinks. Currently, however, access to safe, free, and appealing water is lacking in many California schools, thus increasing disparities.
(g)On average, children drink about 2.4 ounces of water when they drink directly from a water fountain, which is about the size of a condiment cup. When they have access to water bottle filling stations, they can increase their water intake by as much as triple the amount.
(h)Increased access to free, safe, and appealing drinking water through the installation of water bottle filling stations will lead to increased consumption, which has numerous proven health benefits and leads to improved health outcomes.
SEC. 2.Chapter 2 (commencing with Section 38040) is added to Part 23 of Division 3 of Title 2 of the Education Code, to read:2.Drinking Water38040.For purposes of this chapter, water bottle filling station means a water dispenser accessible to all people in compliance with the federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) that dispenses clean drinking water directly into a water bottle or other drinking container.
38041.(a)(1)A new construction or modernization project submitted to the Division of the State Architect pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 by a school district or the governing body of a charter school shall include water bottle filling stations, consistent with the requirements of this section.
(2)The requirements of this section only apply to those projects described in paragraph (1) that are submitted to the Division of the State Architect three months after voters approve a statewide general obligation bond that provides funds for school facilities for kindergarten or any of grades 1 to 12, inclusive, at a statewide election occurring on or after November 1, 2022.
(b)(1)For modernization projects, there shall be a minimum of one water bottle filling station at each school undergoing modernization.
(2)For new construction projects, there shall be a minimum of one water bottle filling station per 350 people at each school being constructed.
(c)Water bottle filling stations shall be placed in or near high traffic and common areas, such as all of the following:
(1)Hallways.
(2)Gymnasiums.
(3)School food service areas.
(4)Outdoor recreation areas.
(5)Faculty lounges.
(d)Water bottle filling stations shall meet all of the following requirements:
(1)Dispense drinking water that meets primary drinking water standards and secondary drinking water standards, as defined in Section 116275 of the Health and Safety Code. The water bottle filling station shall dispense filtered water if necessary to meet those standards.
(2)Be regularly cleaned to maintain sanitary conditions.
(3)Be maintained on a regular basis to ensure they function properly.
(e)Water bottle filling stations may be combined with drinking fountains.
(f)School districts and governing bodies of charter schools are encouraged to install touchless bottle filling stations for sanitary reasons.
(g)School districts and governing bodies of charter schools are encouraged to install water bottle filling stations that dispense cooled water if the water bottle filling stations are located near an electrical source.
(h)(1)An existing water bottle filling station that was installed at a school before the enactment of this chapter shall count toward the minimum number of water bottle filling stations required pursuant to subdivision (b), provided that the water bottle filling station meets the requirements of subdivision (d).
(2)An existing water bottle filling station that was installed at a school before the enactment of this chapter that does not meet the requirements of subdivision (d) may be repaired or improved by a school in order to meet the requirements of subdivision (d). Upon repair or improvement of the water bottle filling station to meet the requirements of subdivision (d), the school may count the water bottle filling station toward the minimum number of water bottle filling stations required pursuant to subdivision (b).
38042.(a)A school district or the governing body of a charter school shall allow pupils, teachers, and staff to bring and carry water bottles.
(b)Water bottles may be excluded from libraries, computer labs, science labs, and other places where it is deemed dangerous to have drinking water.
(c)School districts and governing bodies of charter schools are encouraged to develop and adopt policies about the type of water bottles that may be carried.
38043.(a)Administrators of a school district or the governing body of a charter school shall inform teachers, staff, parents, and pupils about their rights under this chapter, including providing information in pupil and employee handbooks and making the information accessible on the internet website of the school district or charter school.
(b)Administrators of a school district or the governing body of a charter school shall encourage water consumption through promotional and educational activities and signage that focus on the benefits of drinking water and highlight water bottle filling stations throughout schools.
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.
The Legislature finds and declares all of the following:
(a)Water plays an important role in maintaining a childs overall health. Drinking water supports childrens muscles, joints, and tissues; improves their digestive system; and keeps their growing bodies hydrated.
(b)Adequate water intake can positively impact childrens cognitive performance, particularly short-term memory. Drinking water can also improve childrens visual attention and fine motor skills.
(c)Substituting sugary drinks with low or no calorie beverages, such as water, can prevent excess weight gain.
(d)From 2009 to 2012, inclusive, a national survey of children 6 to 19 years of age, inclusive, found that more than one-half (54.5 percent) of children and adolescents in the United States were inadequately hydrated. Inadequate hydration was more prevalent among boys and non-Hispanic, Black, and younger children, compared to girls and non-Hispanic, White, and older children.
(e)Reduction of sugary drink consumption is a key public health goal. Extensive science shows that sugary drinks contribute to obesity, and, even for children, increase the risk of developing type 2 diabetes and cardiovascular disease, and are their chief source of tooth decay. These conditions are laden with socioeconomic disparities.
(f)Plain water is the healthy substitute for sugary drinks. Currently, however, access to safe, free, and appealing water is lacking in many California schools, thus increasing disparities.
(g)On average, children drink about 2.4 ounces of water when they drink directly from a water fountain, which is about the size of a condiment cup. When they have access to water bottle filling stations, they can increase their water intake by as much as triple the amount.
(h)Increased access to free, safe, and appealing drinking water through the installation of water bottle filling stations will lead to increased consumption, which has numerous proven health benefits and leads to improved health outcomes.
SEC. 2.Chapter 2 (commencing with Section 38040) is added to Part 23 of Division 3 of Title 2 of the Education Code, to read:2.Drinking Water38040.For purposes of this chapter, water bottle filling station means a water dispenser accessible to all people in compliance with the federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) that dispenses clean drinking water directly into a water bottle or other drinking container.
38041.(a)A (1)A new construction or modernization project submitted to the Division of the State Architect pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 by a school district or the governing body of a charter school shall ensure that each school is equipped with include water bottle filling stations, consistent with the requirements of this section.
(b)(1)Beginning in the 202324 school year, there shall be a minimum of one water bottle filling station at each school.(2)Beginning in the 202425 school year, there shall be a minimum of one water bottle filling station per 300 people at each school.(2)The requirements of this section only apply to those projects described in paragraph (1) that are submitted to the Division of the State Architect three months after voters approve a statewide general obligation bond that provides funds for school facilities for kindergarten or any of grades 1 to 12, inclusive, at a statewide election occurring on or after November 1, 2022.
(b)(1)For modernization projects, there shall be a minimum of one water bottle filling station at each school undergoing modernization.
(2)For new construction projects, there shall be a minimum of one water bottle filling station per 350 people at each school being constructed.
(c)Water bottle filling stations shall be placed in or near high traffic and common areas, such as all of the following:
(1)Hallways.
(2)Gymnasiums.
(3)School food service areas.
(4)Outdoor recreation areas.
(5)Faculty lounges.
(d)Water bottle filling stations shall meet all of the following requirements:
(1)Dispense drinking water that meets primary drinking water standards and secondary drinking water standards, as defined in Section 116275 of the Health and Safety Code. The water bottle filling station shall dispense filtered water if necessary to meet those standards.
(2)Be regularly cleaned to maintain sanitary conditions.
(3)Be maintained on a regular basis to ensure they function properly.
(e)Water bottle filling stations may be combined with drinking fountains.
(f)School districts and governing bodies of charter schools are encouraged to install touchless bottle filling stations for sanitary reasons.
(g)School districts and governing bodies of charter schools are encouraged to install water bottle filling stations that dispense cooled water if the water bottle filling stations are located near an electrical source.
(h)(1)An existing water bottle filling station that was installed at a school before the enactment of this chapter shall count toward the minimum number of water bottle filling stations required pursuant to subdivision (b), provided that the water bottle filling station meets the requirements of subdivision (d).
(2)An existing water bottle filling station that was installed at a school before the enactment of this chapter that does not meet the requirements of subdivision (d) may be repaired or improved by a school in order to meet the requirements of subdivision (d). Upon repair or improvement of the water bottle filling station to meet the requirements of subdivision (d), the school may count the water bottle filling station toward the minimum number of water bottle filling stations required pursuant to subdivision (b).
38042.(a)A school district or the governing body of a charter school shall allow pupils, teachers, and staff to bring and carry water bottles.
(b)Water bottles may be excluded from libraries, computer labs, science labs, and other places where it is deemed dangerous to have drinking water.
(c)School districts and governing bodies of charter schools are encouraged to develop and adopt policies about the type of water bottles that may be carried.
38043.(a)Administrators of a school district or the governing body of a charter school shall inform teachers, staff, parents, and pupils about their rights under this chapter, including providing information in pupil and employee handbooks and making the information accessible on the internet website of the school district or charter school.
(b)Administrators of a school district or the governing body of a charter school shall encourage water consumption through promotional and educational activities and signage that focus on the benefits of drinking water and highlight water bottle filling stations throughout schools.
38044.(a)This chapter shall become operative on July 1, 2023.(b)The implementation of this chapter is contingent upon an appropriation of funds by the Legislature for its purposes.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.
The Legislature finds and declares all of the following:
(a)Water plays an important role in maintaining a childs overall health. Drinking water supports childrens muscles, joints, and tissues; improves their digestive system; and keeps their growing bodies hydrated.
(b)Adequate water intake can positively impact childrens cognitive performance, particularly short-term memory. Drinking water can also improve childrens visual attention and fine motor skills.
(c)Substituting sugary drinks with low or no calorie beverages, such as water, can prevent excess weight gain.
(d)From 2009 to 2012, inclusive, a national survey of children 6 to 19 years of age, inclusive, found that more than one-half (54.5 percent) of children and adolescents in the United States were inadequately hydrated. Inadequate hydration was more prevalent among boys and non-Hispanic, Black, and younger children, compared to girls and non-Hispanic, White, and older children.
(e)Reduction of sugary drink consumption is a key public health goal. Extensive science shows that sugary drinks contribute to obesity, and, even for children, increase the risk of developing type 2 diabetes and cardiovascular disease, and are their chief source of tooth decay. These conditions are laden with socioeconomic disparities.
(f)Plain water is the healthy substitute for sugary drinks. Currently, however, access to safe, free, and appealing water is lacking in many California schools, thus increasing disparities.
(g)On average, children drink about 2.4 ounces of water when they drink directly from a water fountain, which is about the size of a condiment cup. When they have access to water bottle filling stations, they can increase their water intake by as much as triple the amount.
(h)Increased access to free, safe, and appealing drinking water through the installation of water bottle filling stations will lead to increased consumption, which has numerous proven health benefits and leads to improved health outcomes.
SECTION 1.SEC. 2.Chapter 2 (commencing with Section 38040) is added to Part 23 of Division 3 of Title 2 of the Education Code, to read:2.Drinking Water38040.For purposes of this chapter, water bottle filling station means a water dispenser accessible to all people in compliance with the federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) that dispenses clean drinking water directly into a water bottle or other drinking container.
38041.(a)A school district or the governing body of a charter school shall be ensure that each school is equipped with water bottle filling stations, consistent with the requirements of this section.
(b)Water bottle filling stations shall be placed as follows:(1)A minimum of one water bottle filling station per 150 people.(2)A minimum of one water bottle filling station per occupied floor in schools, theaters, auditoriums, dormitories, offices, or public buildings.(3)A minimum of one water bottle filling station located in or near gymnasiums, outdoor recreation spaces, and other high-traffic areas.(4)A minimum of one water bottle filing station in all school food service areas.(b)(1)Beginning in the 202324 school year, there shall be a minimum of one water bottle filling station at each school.
(2)Beginning in the 202425 school year, there shall be a minimum of one water bottle filling station per 300 people at each school.
(c)Water bottle filling stations shall be placed in or near high traffic and common areas, such as all of the following:
(1)Hallways.
(2)Gymnasiums.
(3)School food service areas.
(4)Outdoor recreation areas.
(5)Faculty lounges.
(c)(d)Water bottle filling stations shall meet all of the following requirements:
(1)Dispense safe, appealing, cooled, and filtered drinking water.(1)Dispense drinking water that meets primary drinking water standards and secondary drinking water standards, as defined in Section 116275 of the Health and Safety Code. The water bottle filling station shall dispense filtered water if necessary to meet those standards.
(2)Are Be regularly cleaned to maintain sanitary conditions.(3)Are Be maintained on a regular basis to ensure they function properly.(d)(e)Water bottle filling stations may be integrated into combined with drinking fountains.
(e)Schools(f)School districts and governing bodies of charter schools are encouraged to install touchless bottle filling stations for sanitary reasons.
(g)School districts and governing bodies of charter schools are encouraged to install water bottle filling stations that dispense cooled water if the water bottle filling stations are located near an electrical source.
(h)(1)An existing water bottle filling station that was installed at a school before the enactment of this chapter shall count toward the minimum number of water bottle filling stations required pursuant to subdivision (b), provided that the water bottle filling station meets the requirements of subdivision (d).
(2)An existing water bottle filling station that was installed at a school before the enactment of this chapter that does not meet the requirements of subdivision (d) may be repaired or improved by a school in order to meet the requirements of subdivision (d). Upon repair or improvement of the water bottle filling station to meet the requirements of subdivision (d), the school may count the water bottle filling station toward the minimum number of water bottle filling stations required pursuant to subdivision (b).
38042.(a)A school district or the governing body of a charter school shall allow pupils, teachers, and staff to bring and carry approved water bottles, which are water bottles that meet all of the following requirements: water bottles.
(1)Are made of a material that is not easily breakable.(2)Have a lid to prevent spills.(3)Are filled exclusively with water.(b)Water bottles may be excluded from libraries, computer labs, science labs, and other places where it is deemed dangerous to have drinking water.
(c)School districts and governing bodies of charter schools are encouraged to develop and adopt policies about the type of water bottles that may be carried.
38043.(a)Administrators of a school district or the governing body of a charter school shall inform teachers, staff, parents, and pupils about their rights under this chapter, including providing information in pupil and employee handbooks and making the information accessible on the internet website of the school district or charter school.
(b)Administrators of a school district or the governing body of a charter school shall encourage water consumption through promotional and educational activities and signage that focus on the benefits of drinking water and highlight water bottle filling stations throughout schools.
38044.(a)This chapter shall become operative on July 1, 2023.
(b)The implementation of this chapter is contingent upon an appropriation of funds by the Legislature for its purposes.
SEC. 2.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.
For purposes of this chapter, water bottle filling station means a water dispenser accessible to all people in compliance with the federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) that dispenses clean drinking water directly into a water bottle or other drinking container.
38041.(a)A school district or charter school shall be equipped with water bottle filling stations, consistent with the requirements of this section.
(b)Water bottle filling stations shall be placed as follows:
(1)A minimum of one water bottle filling station per 150 people.
(2)A minimum of one water bottle filling station per occupied floor in schools, theaters, auditoriums, dormitories, offices, or public buildings.
(3)A minimum of one water bottle filling station located in or near gymnasiums, outdoor recreation spaces, and other high-traffic areas.
(4)A minimum of one water bottle filing station in all school food service areas.
(c)Water bottle filling stations shall meet all of the following requirements:
(1)Dispense safe, appealing, cooled, and filtered drinking water.
(2)Are regularly cleaned to maintain sanitary conditions.
(3)Are maintained on a regular basis to ensure they function properly.
(d)Water bottle filling stations may be integrated into drinking fountains.
(e)Schools are encouraged to install touchless bottle filling stations for sanitary reasons.
38042.(a)A school district or charter school shall allow pupils, teachers, and staff to bring and carry approved water bottles, which are water bottles that meet all of the following requirements:
(1)Are made of a material that is not easily breakable.
(2)Have a lid to prevent spills.
(3)Are filled exclusively with water.
(b)Water bottles may be excluded from libraries, computer labs, science labs, and other places where it is deemed dangerous to have drinking water.
38043.(a)Administrators of a school district or charter school shall inform teachers, staff, parents, and pupils about their rights under this chapter, including providing information in pupil and employee handbooks and making the information accessible on the internet website of the school district or charter school.
(b)Administrators of a school district or charter school shall encourage water consumption through promotional and educational activities and signage that focus on the benefits of drinking water and highlight water bottle filling stations throughout schools.
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.
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Date
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Status
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|---|---|
| Sep 29, 2022 | Chaptered by Secretary of State - Chapter 793, Statutes of 2022. |
| Sep 29, 2022 | Approved by the Governor. |
| Aug 30, 2022 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 23, 2022 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug 23, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 5015.). |
| Aug 11, 2022 | From committee: Do pass. (Ayes 6. Noes 0.) (August 11). |
| Aug 2, 2022 | In committee: Referred to suspense file. |
| Jun 22, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 22). Re-referred to Com. on APPR. |
| Jun 15, 2022 | From committee: Do pass and re-refer to Com. on E.Q. (Ayes 6. Noes 0.) (June 15). Re-referred to Com. on E.Q. |
| Jun 10, 2022 | 6-16-2022 hearing rescheduled by committee to 6-15-2022 |
| Jun 1, 2022 | Referred to Coms. on ED. and E.Q. |
| May 24, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 23, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 4860.) |
| May 19, 2022 | From committee: Do pass. (Ayes 16. Noes 0.) (May 19). |
| May 19, 2022 | Joint Rule 62(a), file notice suspended. (Page 4736.) |
| May 18, 2022 | In committee: Set, first hearing. Referred to suspense file. |
| Apr 27, 2022 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (April 26). Re-referred to Com. on APPR. |
| Apr 25, 2022 | Re-referred to Com. on E.S. & T.M. |
| Apr 21, 2022 | From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended. |
| Apr 8, 2022 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 29, 2022 | Re-referred to Com. on ED. |
| Mar 28, 2022 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended. |
| Mar 10, 2022 | Referred to Coms. on ED. and E.S. & T.M. |
| Feb 19, 2022 | From printer. May be heard in committee March 21. |
| Feb 18, 2022 | Introduced. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 23, 2022 | Assembly 3rd Reading AB2638 Bloom et al. By Eggman | Senate Floor |
Passed |
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| May 23, 2022 | AB 2638 Bloom Assembly Third Reading | Assembly Floor |
Passed |
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