Under existing law, the California Child Day Care Facilities Act, the State Department of Social Services licenses and regulates various types of child care facilities, including, but not limited to, family daycare homes. Existing law authorizes a small family daycare home to provide care for up to 8 children, and a large family daycare home to provide care for up to 14 children, as specified. Existing law makes a willful or repeated violation of the act a misdemeanor, and also authorizes the department to levy civil penalties against a family daycare home for failure to comply with applicable laws and regulations, as specified. Existing law requires a family daycare home to comply with specified safety requirements, including, but not limited to, requiring the facility to contain a fire extinguisher or smoke detector device, or both, as specified, that meet standards established by the State Fire Marshal, and a carbon monoxide detector.

This bill would require a licensed family daycare home to only serve water to children in the care of the family daycare home or use water in food preparation for children in the care of the family daycare home that has been filtered with a point-of-use water filtration device certified to meet specified standards for water safety, as specified. The bill would require, on or before January 1, 2026, the department to adopt regulations to implement the above requirements, including requiring the family daycare home to maintain records and receipts demonstrating that the water filtration device has been maintained, and its filters replaced, as specified, and requiring the department to take specified action if a family daycare home does not comply with the regulations. The bill would require the department to submit a report to the Legislature that includes specified information related to compliance with the regulations and test results from family daycare homes with lead in drinking water above specified levels. The bill would authorize funds from a specified grant program to be used to provide lead-removing water filters to family daycare homes. Because a violation of this requirement by a family daycare home would be a crime, the bill would impose a state-mandated local program.

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.

Under existing law, the California Child Day Care Facilities Act, the State Department of Social Services licenses and regulates various types of child care facilities, including, but not limited to, family daycare homes. Existing law authorizes a small family daycare home to provide care for up to 8 children, and a large family daycare home to provide care for up to 14 children, as specified. Existing law makes a willful or repeated violation of the act a misdemeanor, and also authorizes the department to levy civil penalties against a family daycare home for failure to comply with applicable laws and regulations, as specified. Existing law requires a family daycare home to comply with specified safety requirements, including, but not limited to, requiring the facility to contain a fire extinguisher or smoke detector device, or both, as specified, that meet standards established by the State Fire Marshal, and a carbon monoxide detector.

This bill would require a licensed family daycare home to only serve water to children, children in the care of the family daycare home or use water in food preparation for children in the care of the family daycare home, home that has been filtered with a point-of-use water filtration device certified to meet specified standards for water safety, and that explicitly claims to remove lead. safety, as specified. The bill would require require, on or before January 1, 2026, the department to adopt regulations to implement the above requirements, including requiring the family daycare home to maintain records and receipts demonstrating that the water filtration device has been maintained, and its filters replaced, as specified. specified, and requiring the department to take specified action if a family daycare home does not comply with the regulations. The bill would require the department to submit a report to the Legislature that includes specified information related to compliance with the regulations and test results from family daycare homes with lead in drinking water above specified levels. The bill would authorize funds from a specified grant program to be used to provide lead-removing water filters to family daycare homes. Because a violation of this requirement by a family daycare home would be a crime, the bill would impose a state-mandated local program.

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.

Under existing law, the California Child Day Care Facilities Act, the State Department of Social Services licenses and regulates various types of child care facilities, including, but not limited to, family daycare homes. Existing law authorizes a small family daycare home to provide care for up to 8 children, and a large family daycare home to provide care for up to 14 children, as specified. Existing law makes a willful or repeated violation of the act a misdemeanor, and also authorizes the department to levy civil penalties against a family daycare home for failure to comply with applicable laws and regulations, as specified. Existing law requires a family daycare home to comply with specified safety requirements, including, but not limited to, requiring the facility to contain a fire extinguisher or smoke detector device, or both, as specified, that meet standards established by the State Fire Marshal, and a carbon monoxide detector.

This bill would require a licensed family daycare home to only serve water to children, or use water in food preparation for the family daycare home, that has been filtered with a point-of-use water filtration device certified to meet specified standards for water safety, and that explicitly claims to remove lead. The bill would require the family daycare home to maintain records and receipts demonstrating that the water filtration device has been maintained, and its filters replaced, as specified. The bill would authorize funds from a specified grant program to be used to provide lead-removing water filters to family daycare homes. Because a violation of this requirement by a family daycare home would be a crime, the bill would impose a state-mandated local program.

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.

\

]]Date of Hearing: May 8, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2671

Author:(Weber) – As Amended Ver:April 18, 2024

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill requires licensed family daycare homes (also known as family child care homes, or FCCHs) to only serve water to children, or use water in food preparation, that has been filtered using a point-of-use (POU) water filtration device certified to meet National Sanitation Foundation/American National Standards Institute (NSF/ANSI) standards for lead reduction.

Specifically, this bill:

1. Requires, commencing January 1, 2027, a licensed FCCH that operates in a building constructed before January 1, 2010 to only serve water to children or use water in food preparation for children in the care of the FCCH that has been filtered with a POU water filtration device certified to meet NSF/ANSI standards for lead and particulate reduction, as required by the California Department of Social Services (CDSS).
2. Requires, by January 1, 2026, CDSS to develop, in consultation with the State Water Resources Control Board (State Water Board), and adopt regulations to implement the requirements of this bill, regarding required NSF/ANSI standards, proper installation, use, and maintenance of POU water filtration devices, required maintenance records and receipts, regulatory exemptions, and CDSS actions for violations, as specified. Requires CDSS to include a public stakeholder process in developing the regulations.
3. Requires CDSS to provide to FCCHs a list of POU water filtration devices that meet the requirements established under regulations adopted pursuant to this bill.
4. Requires, by July 1, 2029, CDSS to submit a report to the Legislature that includes specified information regarding exemptions and violations.
5. Authorizes funds from the United States Environmental Protection Agency's (US EPA) Voluntary School and Child Care Lead Testing and Reduction Grant Program in 2024-25, 2025-26, and 2026-27 fiscal years to be used to provide POU water filtration devices to FCCHs; requires funding priority to be given to FCCHs that primarily care for low-income children; and requires filters meet the requirements established by regulations, adopted pursuant this bill.

FISCAL EFFECT:

1. CDSS estimates ongoing General Fund costs of $4.8 million in the first year and $4.7 million annually thereafter for 28 permanent positions to carry out the requirements of the bill. This includes two positions to apply for and manage funds from the US EPA Voluntary School and Child Care Lead Testing and Reduction Grant Program, as well as 21 positions, one for each regional office, for compliance monitoring at FCCHs, among other positions.
2. Costs to purchase POU water filtration devices for family daycare homes of an unknown amount, likely in the hundreds of thousands of dollars ongoing. The author has submitted a budget letter requesting the funds provided to the state from the federal US EPA Voluntary School and Child Care Lead Testing and Reduction Grant Program in the 2024-25, 2025-26, and 2026-27 fiscal years be redirected to pay for water filters in family daycare homes.
3. The State Water Board anticipates minor and absorbable costs to consult on regulation development and to provide testing results (Safe Drinking Water Account).

According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years. 

COMMENTS:

1. Purpose. According to the author:

We know that no level of lead exposure is safe and that it is linked to slowed growth and development of children, and that it damages the brain and nervous system. Children are some of the most vulnerable residents in our state, and we cannot continue to allow them to be unintentionally poisoned in the same facilities where they are cared for. For these reasons, [this bill] requires a licensed family daycare home to only serve water to children, or use water in food preparation for the family daycare home that has been filtered with a point-of-use water filtration device certified to meet National Sanitation Foundation of the American National Standards Institute (NSF/ANSI) standards for water safety, and that explicitly claims to remove lead.

1. Background. Childhood Lead Exposure. According to the Centers for Disease Control and Prevention (CDC), there is no safe level of lead in drinking water and even very low levels can have negative and irreversible health effects, especially for children and pregnant persons. Because of lead's health impacts, the US EPA maintains a maximum contaminant level goal of zero. The CDC states childhood lead exposure can seriously harm a child's health and cause well-documented adverse effects, including brain and nervous system damage, slowed growth and development, learning and behavior problems, and hearing and speech problems. Further, people with low incomes and people of color are more likely to live in neighborhoods with outdated infrastructure, and are thus more likely to be exposed to lead-based paint and pipes, faucets, and plumbing fixtures containing lead.

Beginning January 1, 2010, California law (AB 1953, Chan, Chapter 853, Statutes of 2006) banned for sale and use any pipe, pipe or plumbing fitting, or fixture intended to convey or dispense water for human consumption through drinking or cooking that is not "lead free." This prohibition applies to kitchen faucets, bathroom faucets, and any other endpoint device intended to convey or dispense water for human consumption through drinking or cooking.

According to the State Water Board, a POU filter is a treatment device applied to a single tap, to reduce contaminant levels in drinking water (as opposed to point-of-entry devices, which are installed where water enters a building). This bill requires an FCCH to serve water and food prepared with water that has been filtered using a POU water filtration device, if the FCCH operates in a building that was constructed before January 1, 2010, the date that AB 1953 went into effect.

In 2018, the Legislature enacted AB 2370 (Holden, Chapter 676, Statutes of 2018), which requires licensed child daycare centers operating in buildings constructed before January 1, 2010 to have their drinking water tested for lead by January 1, 2023, and every five years after the initial test. AB 2370 also mandated collaboration between CDSS and the State Water Board in the implementation of the bill's requirements. The requirements established by AB 2370 do not apply to FCCHs. This bill imposes on FCCHs requirements similar to those in AB 2370, although testing would be limited to instances in which CDSS identifies serious concerns regarding an FCCH's maintenance of POU filters.

Licensed child care. The California Child Day Care Facilities Act governs the licensure, maintenance, and operation of child daycare centers and FCCHs in the state. CDSS’ Community Care Licensing Division has the responsibility of licensing and monitoring the state’s child care facilities, including child daycare centers and FCCHs. In fiscal year 2022-23, most children enrolled in subsidized child care and development programs received care through licensed FCCHs (158,959), child daycare centers (124,708), and license-exempt settings (82,704).

FCCHs are operated in the licensee’s own home, which may be rented, leased, or owned, and are permitted to be in a mobile home park or an apartment. Families with lower incomes may have a greater need for home-based child care, whether licensed or unlicensed, compared to higher-income families. This can be due, in part, to the availability of care options during nontraditional work hours commonly associated with certain lower-paying occupations.

1. Arguments in support. A coalition of supporting environmental organizations states:

California has already taken action to address lead contamination in schools and child care centers. The result is that schools in 53% of school districts and 25% of 6,500 child care centers found elevated levels of lead in their drinking water. Lead levels in many child care centers were many times, even hundreds of times, higher than the state's allowed threshold of 5 [ppb]. A glaring gap in our state's effort to address lead contamination in drinking water is in family daycare home facilities, which were exempt from AB 2370's lead-testing requirement. [This bill] will close the gap in lead remediation for children in family daycare facilities.

1. Cost Concerns. Child Care Providers United states in a support-if amended position:

A recent study shows that most licensed providers do not pay themselves a salary, and those who do earn hourly pay of less than $10. Increasing mandatory operating costs related to water filtration systems and regular filter replacement, with no support from the state on the mandates they are imposing, could be a deciding factor in whether a provider can accept more children or keep their doors open.

In addition to the cost burdens, the issue of education, enforcement, and record maintenance falls entirely on the providers. Communication between the state and family childcare providers has always been underwhelming, especially with limited language options. We are concerned with the ability of providers to be properly informed on how to best comply with the regulation in the time and manner provided in [this bill].

1. Prior Legislation. AB 685 (Eng), Chapter 524, Statutes of 2012, established state policy that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitation.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 23, 2024

ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS

Eduardo Garcia, Chair

ABPCA Bill Id:AB 2671 (

Author:Weber) – As Amended Ver:April 18, 2024

SUBJECT: Family daycare homes: filtered water

SUMMARY: Requires licensed family daycare homes (also known as family child care homes, or FCCHs) to only serve children with water, or food prepared with water, that has been filtered using a point-of-use (POU) water filtration device certified to meet National Sanitation Foundation/American National Standards Institute (NSF/ANSI) standards for lead reduction; and requires the California Department of Social Services (CDSS) to adopt regulations, as specified, to implement the requirements of AB 2671. Specifically, this bill:

1. Requires, commencing January 1, 2027, a licensed FCCH that operates in a building constructed before January 1, 2010 to only serve water to children or use water in food preparation for children in the care of the FCCH that has been filtered with a POU water filtration device certified to meet NSF/ANSI standards for lead and particulate reduction, as required by CDSS.
2. Requires, on or before January 1, 2026, CDSS to develop, in consultation with the State Water Resources Control Board (State Water Board), and adopt regulations to implement the requirements of AB 2671; requires the regulations to do all of the following:
3. Specify required NSF/ANSI standards for lead and particulate reduction for POU water filtration devices to be used by FCCHs, and provide information on how to verify a POU water filtration device was tested and certified to meet those standards;
4. Update the regulations to ensure they reflect the most up-to-date NSF/ANSI standards, if the standards are replaced with newer standards, or if they undergo updates that have implications, as determined by CDSS, for the installation, use, or maintenance of POU water filtration devices by an FCCH;
5. Establish parameters for the proper installation, use, and maintenance of POU water filtration devices, including the proper use of flushing after installation of a new filter, replacement of a filter cartridge, or periods of stagnation, in order to reduce human exposure to bacteria and lead;
6. Include a statement in communications to FCCHs that POU water filtration devices may be a short-term control measure for lead in drinking water, and encourage FCCHs to consider other options for long-term or permanent control measures, including, but not limited to, fixture or pipe replacement;
7. Require FCCHs to maintain records and receipts, to be provided to CDSS during scheduled inspections, demonstrating that all POU water filtration devices have been installed, used, and maintained, including that filter cartridges have been replaced, pursuant to CDSS' regulations;
8. Require maintenance records to include a document, posted and clearly visible near the front door of the facility, that displays the dates that filter cartridges were replaced;
9. Require CDSS to develop form templates to facilitate the compliance of FCCHs with the above record-keeping requirements;
10. Specify that an FCCH is exempt from the regulatory requirements established pursuant to AB 2671, if the FCCH can provide two rounds of test results from a laboratory accredited under the state's Environmental Laboratory Accreditation Program (ELAP) showing that, within the one year prior to submission of the results to CDSS, the lead level in drinking water in the FCCH did not exceed 1 ppb; and,
11. Require CDSS to take one or more of the following actions if an FCCH does not comply with the regulations established pursuant to AB 2671:
12. Issue a letter of violation to an FCCH if, during any inspection, CDSS determines that the FCCH's records and receipts do not show installation, use, or maintenance in accordance with the regulations established pursuant to AB 2671;
13. Require, if the letter of violation indicates that an FCCH has not installed POU water filtration devices, the FCCH to submit to CDSS, within five business days of receiving a letter of violation, documentation demonstrating that POU filters have been installed;
14. Require, if the letter of violation indicates that an FCCH has failed to use or maintain POU water filtration devices, the FCCH to submit to CDSS, within 210 days, documentation demonstrating six months of use and maintenance of the POU water filtration devices;
15. Require, if CDSS determines that an FCCH has not complied with the above requirement to submit documentation within 210 days, an FCCH to test, as soon as possible, for lead in drinking water at all POU water filtration devices to determine if the POU filters are reducing lead to below 5 ppb; require CDSS to develop requirements for the collection and submission of water samples by an external water sampler, certified according to procedures determined by CDSS, to an ELAP-accredited laboratory; and, require a laboratory receiving a drinking water sample to electronically submit its test results to the State Water Board using data submission methods that are acceptable to the State Water Board;
16. Require CDSS to require an FCCH to notify the parents or legal guardians of children in the care of the FCCH of a requirement to conduct lead testing, within five business days of being issued the requirement by CDSS, and to notify parents or legal guardians of the test results within five business days after receiving the results from the laboratory;
17. Require CDSS to require an FCCH with lead levels above 5 ppb to immediately ensure that the children in the care of the FCCH are only being served an alternative source of potable water and that an alternative source of potable water is used to prepare all food served to children, until the FCCH can provide records and receipts showing that filter cartridges have been replaced for all POU water filtration devices; requires an alternative source of potable water, which may include bottled water, to contain a lead level below 5 ppb; and,
18. Require CDSS to temporarily suspend the license for an FCCH that does not comply with one or more of the above corrective actions specified in AB 2671.
19. Requires CDSS to provide, to FCCHs, a list of POU water filtration devices that meet the requirements established under regulations adopted pursuant to AB 2671.
20. Requires the State Water Board to report to CDSS the lead test results for an FCCH with lead levels above 5 ppb, in a timely manner.
21. Requires CDSS to include a public stakeholder process in developing the regulations required under AB 2671.
22. Authorizes CDSS to implement and administer changes made by AB 2671 through all-county letters or similar written instructions, until regulations are adopted.
23. Requires, on or before July 1, 2029, CDSS to submit a report to the Legislature that includes all of the following:
24. The annual percentage and total number of FCCHs that were exempt from the requirements established by AB 2671;
25. The annual percentage and total number of FCCHs that were issued only a letter of violation;
26. The annual percentage and total number of FCCHs that were issued a letter of violation followed by a temporary license suspension, disaggregated by the reason for the temporary license suspension; and,
27. The annual percentage and total number of FCCHs with test results showing lead levels in drinking water above 5 ppb.
28. Provide that the requirement for submitting the above report is inoperative on July 1, 2033.
29. Authorizes funds from the United States Environmental Protection Agency's (US EPA) Voluntary School and Child Care Lead Testing and Reduction Grant Program in 2024-25, 2025-26, and 2026-27 fiscal years to be used to provide POU water filtration devices to FCCHs; requires funding priority to be given to FCCHs that primarily care for low-income children; and, requires that filters meet the requirements established by regulations, adopted pursuant to AB 2671.

EXISTING LAW:

1. Establishes as policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. (Water Code § 106.3)
2. Defines "point-of-use treatment device" or "POU" to mean a treatment device applied to a single tap for the purpose of reducing contaminant levels in drinking water at that tap. (22 California Code of Regulations (CCR) § 64417)
3. Requires a public water system, prior to installing POUs, and as part of a permit application to use POU in lieu of centralized treatment, to submit to the State Water Board a POU Monitoring Program sufficient to ensure that water treated by the proposed POU consistently meets drinking water standards. (22 CCR § 64418.5)
4. Establishes the "California Child Day Care Facilities Act," creating a separate licensing category for child daycare centers and FCCHs within CDSS' existing licensing structure. (Health and Safety Code (HSC) § 1596.70, et seq.)
5. Defines "child daycare facility" to mean a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis, and includes daycare centers, employer-sponsored child care centers, and FCCHs. (HSC § 1596.750)
6. Defines "family daycare home" to mean a facility that regularly provides care, protection, and supervision for 14 or fewer children, including children under 10 years of age who reside at the home, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away. (HSC § 1596.78(a))
7. Requires the installation of point-of-entry or POU treatment devices for drinking fountains, and up to three years of post-installation replacement filters, and operations, maintenance, and monitoring of the devices, including training on how to operate and maintain the treatment devices in local educational agencies serving kindergarten or any of grades 1-12, inclusive, and preschools and child daycare facilities located on public school property. (HSC § 116276(a)(3))
8. Requires licensed child daycare facilities to comply with certain requirements for beverages served by the daycare provider to the children in care, including ensuring the availability and accessibility of readily available clean and safe drinking water throughout the day. (HSC § 1596.808(a)(4))
9. Requires drinking water from a non-contaminating fixture or container in child care centers to be readily available both indoors and in an outdoor activity area; requires all drinking water to be potable, as specified. (22 CCR § 101239.2)
10. Requires at least one director or teacher at each daycare center, and each FCCH licensee who provides care to have at least 15 hours of health and safety training, including a preventative health practices course regarding the prevention of lead exposure that is consistent with the most recent California Department of Public Health’s (CDPH) training curriculum on child care lead poisoning prevention. (HSC § 1596.866)
11. Requires a licensed child daycare center that is located in a building constructed before January 1, 2010 to have its drinking water tested for lead contamination levels on or after January 1, 2020, but no later than January 1, 2023, and every five years after the date of the initial test. (HSC § 1597.16(a)(1))
12. Requires a licensed child daycare center subject to HSC § 1597.16(a)(1) to collect and submit drinking water samples to an accredited laboratory; requires the laboratory to, in a timely manner, electronically submit its test results to the State Water Board; and if the test results show elevated levels, requires the State Water Board to report, in a timely manner, the test results to CDSS. (HSC § 1597.16(a)(2)(A))
13. Requires, upon notification of elevated lead levels, a licensed child daycare center to immediately make inoperable and cease using the fountains and faucets where elevated lead levels may exist, and to obtain a potable source of water for children and staff. (HSC § 1597.16(a)(3))
14. Requires a licensed child daycare center to notify parents or guardians of children enrolled in the center of the requirement to test a facility's drinking water and of the test results. (HSC § 1597.16(a)(4))
15. Requires the State Water Board to provide grants for testing drinking water lead levels in licensed child daycare centers, remediating lead in child daycare centers' drinking water systems, and providing technical assistance to child daycare centers requiring help applying for the grants, from any funds appropriated for these purposes in the 2018-19 Budget Act. (HSC § 1596.8661)
16. Prohibits the use of any pipe, pipe or plumbing fitting or fixture, solder, or flux that is not "lead free" in the installation or repair of any public water system or any plumbing in a facility providing water for human consumption. (HSC § 116875(a))
17. Defines "lead free" as not containing more than 0.2% lead when used with respect to solder and flux and not more than a weighted average of 0.25% lead when used with respect to the wetted surfaces of pipes and pipe fittings, plumbing fittings, and fixtures. (HSC § 116875(e))
18. Defines, for the purposes of the federal Lead and Copper Rule (LCR), "child care facility" to mean a location that houses a licensed provider of child care, daycare, or early learning services to children, as determined by the state, local, or tribal licensing agency. (40 Code of Federal Regulations (CFR) § 141.2)
19. Requires all community water systems to conduct lead monitoring at the schools and child care facilities they serve if those schools or child care facilities were constructed prior to January 1, 2014, or the date the state adopted standards that meet the definition of "lead free" under the federal Safe Drinking Water Act, whichever is earlier. (40 CFR § 141.92)
20. Requires a community water system to collect five samples per school and two samples per child care facility at outlets typically used for consumption; prohibits, except under specified conditions, outlets from having POU devices. (40 CFR § 141.92(b)(1))
21. Requires community water systems to collect samples from at least 20% of elementary schools and 20% of child care facilities served by the system per year, or according to a schedule approved by the state, until all schools and child care facilities identified on a list required under the LCR have been sampled or declined to participate. (40 CFR § 141.92(c)(1))
22. Requires community water systems to sample all elementary schools and child care facilities at least once in the five years following October 16, 2024. (40 CFR § 141.92(c)(2))
23. Requires community water systems, after they have completed one cycle of sampling in all elementary schools and child care facilities, to sample at the request of an elementary school or child care facility. (40 CFR § 141.92(c)(3))

FISCAL EFFECT: Unknown.

COMMENTS:

Need for the bill: According to the author:

"We know that no level of lead exposure is safe and that it is linked to slowed growth and development of children, and that it damages the brain and nervous system. Children are some of the most vulnerable residents in our state, and we cannot continue to allow them to be unintentionally poisoned in the same facilities where they are cared for.

For these reasons, AB 2671 requires a licensed family daycare home to only serve water to children, or use water in food preparation for the family daycare home that has been filtered with a point-of-use water filtration device certified to meet National Sanitation Foundation of the American National Standards Institute (NSF/ANSI) standards for water safety, and that explicitly claims to remove lead.

The bill also requires the family daycare home to maintain records and receipts demonstrating that the water filtration device has been maintained, and its filters replaced."

Human right to water: With the enactment of AB 685 (Eng, Chapter 524, Statutes of 2012), California became the first state in the nation with a Human Right to Water law. AB 685 established a state policy that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitation. However, water supply issues, climate change, contaminants, aging infrastructure, and failing and at-risk systems, especially in disadvantaged communities, are among the multiple factors that continue to challenge progress in implementing the Human Right to Water.

Short- and long-term consequences of childhood lead exposure: According to the Centers for Disease Control and Prevention (CDC), there is no safe level of lead in drinking water and even very low levels can have negative and irreversible health effects, especially for children and pregnant persons. Because of lead's health impacts, the US EPA maintains a maximum contaminant level goal of zero, and some organizations, such as the American Association of Pediatrics, have called for national and state efforts to bring lead levels in drinking water closer to zero ppb. The CDC states that childhood lead exposure can seriously harm a child's health and cause well-documented adverse effects, including brain and nervous system damage, slowed growth and development, learning and behavior problems, and hearing and speech problems.

While children, pregnant persons, and developing fetuses are particularly susceptible to the harmful effects of lead, lead in blood can also result in an increased risk of cardiovascular disease, high blood pressure, and kidney and nervous system problems for adults. Because the human body can store lead in bone, even temporary environmental exposures in childhood can result in many years to decades of recurring or ongoing elevations in blood lead levels (BLLs). One study by Nie et al. (2009), published in the Journal of Occupational and Environmental Medicine, reported that lead stored in bone can release back into the blood, resulting in elevated BLLs during periods of illness (e.g., with skeletal or dental disease) and during multiple life stages, including childhood, pregnancy, lactation, and menopause.

Inequities in childhood lead exposure: According to the CDC, people with low incomes and people of color are more likely to live in neighborhoods with outdated infrastructure, and are thus more likely to be exposed to lead-based paint and pipes, faucets, and plumbing fixtures containing lead. Evens et al. (2015) found that among nearly 58,000 children attending Chicago public schools, BLLs were highest in black children (relative to Hispanic and white children) and higher in low-income children.

Children from low-income families and communities of color can also be further disadvantaged through the cumulative impacts of lead and other challenges they may face, including higher rates of poverty, malnutrition, exposure to multiple pollutants, and enrollment in under-resourced schools. A 2020 study published in Nature Medicine (Marshall et al.) reported that the combination of lead exposure and being from a low-income family can result in worse impacts for children, when compared to children who have only one of these risk factors. Specifically, children from low-income families and with the highest risk levels for lead exposure showed reduced cognitive performance and changes in parts of the brain that regulate the capacity for problem solving, planning, critical thinking, and memory.

In California, the Childhood Lead Poisoning Prevention (CLPP) Program, administered by CDPH, carries out prevention activities including outreach, education, and surveillance; promotes lead screening for children at risk for lead exposure; and provides case management and follow-up for children with elevated BLLs (i.e., BLLs greater than or equal to 4.5 micrograms per deciliter (μg/dL)). In its 2022 Biennial Report, "California's progress in preventing and managing childhood lead exposure," CDPH states:

"…lead poisoning does not impact all children equally. Children living in poverty, children enrolled in Medicaid, children living in older housing, and African American children, are found to have higher levels of lead exposure. Geographic disparities are also present…Thus, while considerable progress has been made in reducing lead exposure and decreasing the prevalence of children with elevated BLLs in the United States, elevated childhood BLLs remain a major preventable environmental health problem. Preventing all childhood lead exposure in California would contribute an estimated additional $8-11 billion in lifetime earnings for all children born in a single year."

For 2020, CDPH found geographic disparities in the BLLs of young children under six years old. Specifically, CDPH reports that the percentage of children under the age of six with elevated BLLs (greater than or equal to 4.5 μg/dL) varied by county, from 4.35% in Humboldt County to 0.47% in Riverside County. The percentage of children with even higher BLLs (greater than or equal to 9.5 μg/dL) varied from 0.66% in Sacramento County to 0% in Shasta County. When disaggregated by zip code, CDPH reports that in one Sacramento zip code, 13.87% of tested children under the age of six had elevated BLLs.

Sources of childhood exposure to lead: The US EPA states that children can be exposed to lead in paint, dust, soil, air, and food, as well as drinking water, and that drinking water can make up 20% or more of a person’s total lead exposure. According to a 2012 article published in the CDC's Morbidity and Mortality Weekly Report (Brown and Margolis), lead is unlikely to be present in source water, unless a specific source of contamination exists. More commonly, lead enters drinking water through the corrosion of plumbing materials and solder that contain lead. Lead can enter a building's drinking water by leaching from lead service lines, lead solder used in copper piping, and from brass fixtures. The amount of lead in tap water can depend on several factors, including the age and material of the pipes and fixtures, concentration of lead in water delivered by the public utility, and corrosiveness of the water. More corrosive water can cause greater leaching from pipes.

Compared to other states, California has a relatively small share of the nation's lead service lines (defined under the LCR, described further below, as a "portion of pipe that is made of lead, which connects the water main to the building inlet" (40 CFR § 141.2)). In 2016, the American Water Works Association released a national survey of lead service line occurrence, finding that California had, at that time, about 1 percent of the nation's lead service lines. Under state law—added by SB 1398 (Leyva, Chapter 731, Statutes of 2016) and amended by SB 427 (Leyva, Chapter 238, Statutes of 2017)—all community water systems were required to compile an inventory of known lead user service lines in their distribution systems by July 1, 2018. Community water systems were further required to propose a schedule by July 1, 2020 to replace all known lead user service lines and user service lines constructed of unknown material.

State and federal laws also regulate the lead content of fixtures. Beginning January 1, 2010, California law (AB 1953, Chan, Chapter 853, Statutes of 2006) banned for sale and use any pipe, pipe or plumbing fitting, or fixture intended to convey or dispense water for human consumption through drinking or cooking that is not "lead free." That law defines "lead free" as not more than 0.2% lead when used with respect to solder and flux; not more than a weighted average of 0.25% when used with respect to the wetted surfaces of pipes and pipe fittings, plumbing fittings, and fixtures; and not more than 8% when used with respect to pipes and pipe fittings. This definition applies to kitchen faucets, bathroom faucets, and any other endpoint device intended to convey or dispense water for human consumption through drinking or cooking. AB 2671 requires an FCCH to serve water and food prepared with water that has been filtered using a POU water filtration device, if the FCCH operates in a building that was constructed before January 1, 2010, the date that AB 1953 went into effect.

Licensed child care: The California Child Day Care Facilities Act governs the licensure, maintenance, and operation of child daycare centers and FCCHs in the state. This law and the associated regulations found in Title 22 of the CCR establish, among other things, general health and safety requirements, staff-to-child ratios, and provider training requirements. CDSS’ Community Care Licensing Division has the responsibility of licensing and monitoring the state’s child care facilities, including child daycare centers and FCCHs.

In fiscal year 2022-23, most children enrolled in subsidized child care and development programs received care through licensed FCCHs (158,959), child daycare centers (124,708), and license-exempt settings (82,704).

Family child care homes: FCCHs are operated in the licensee’s own home, which may be rented, leased, or owned, and are permitted to be in a mobile home park or an apartment. FCCHs provide nonmedical care and supervision in a family-like setting, providing a nurturing environment for children while supporting their cognitive, social, and emotional development.

Families with lower incomes may have a greater need for home-based child care, whether licensed or unlicensed, compared to higher-income families. This can be due, in part, to the availability of care options during nontraditional work hours commonly associated with certain lower-paying occupations. For instance, data from a 2022 report by the U.S. Department of Labor reveals that in 2020, 2 million individuals who were categorized as "working poor"—those who spent at least 27 weeks in the labor force, but still earned incomes below the federal poverty level—were employed in service occupations. Jobs within the service sector often entail nontraditional and unpredictable work schedules. As such, FCCH programs play a critical role in increasing accessibility to early childhood education and care, particularly for families in underserved or rural areas where traditional child care facilities may be limited.

The January 2024 CDSS Child Care Transition Quarterly Report found that 158,959 Californian children were enrolled in FCCHs in fiscal year 2022-23. Additionally, data from the Children’s Equity Project in 2019 indicated that 75% of children enrolled in an FCCH were Latinx. A study published by the University of California, Berkeley’s Center for the Study of Child Care Employment in 2022 surveyed 3,000 FCCH providers and found that 98% were women; 82% were above 40 years of age; and, 37% were Latina, followed by 29% who identified as White.

The efficacy of POU filters at reducing lead levels in drinking water: According to the State Water Board, a POU filter is a treatment device applied to a single tap, to reduce contaminant levels in drinking water (as opposed to point-of-entry devices, which are installed where water enters a building). In the "3Ts for reducing lead in drinking water in schools and child care facilities" manual (3Ts Manual), the US EPA identifies POU filters as effective at removing lead and recommends that schools and child care providers verify that filters are tested and certified against NSF/ANSI standards for lead and particulate reduction. This recommendation aligns with requirements in AB 2671.

In 2014, a switch in Flint, Michigan's water sources caused lead to leach from service lines into drinking water at dangerously high levels. In the wake of the crisis, the US EPA initiated an assessment program (summarized in the 2016 document "Flint, MI Filter Challenge Assessment") to evaluate the efficacy of POU filters that are NSF-certified to remove lead. The filters were distributed to residents who use the Flint Drinking Water system for consumption. During its initial assessment, the US EPA collected samples of both filtered and unfiltered water from over 200 taps, and found that the filters, when installed and operating properly, effectively reduced lead levels. Specifically, the US EPA found that the maximum and average concentrations of lead were "exceptionally low," with most data showing that lead levels in filtered water were too low to be detected. According to the US EPA, the data support "the conclusion that the use of filtered water would protect all populations, including pregnant women and children, from exposure to lead-contaminated water."

To ensure proper use of filters in the Flint community, the Flint Action Coordinating Team and Genesee Health System reached out to researchers at the University of Michigan and Wayne State University, to develop a program that would empower community members to support the safe and effective use of POU filters in homes. In 2019, the collaboration led to the release of a three modules, designed for use by community organizations to train community members on how to install, use, maintain, and clean their POU filters correctly and safely. The training offers a blend of manufacturer information and knowledge, developed from research and experience with the devices. The University of Michigan's webpage, "Point of use water filters: A grassroots train-the-trainer program," states that over 150 Flint residents have been trained through this program.  

The emergence of "filter-first" as a strategy for reducing childhood lead exposure: AB 2671 would implement a "filter-first" strategy to reduce lead levels in the drinking water of FCCHs. As of April 2024, only a few jurisdictions in the United States, including Washington D.C. and the state of Michigan, had adopted a filter-first policy for schools and child care facilities. The specific design of filter-first strategies varies, although a common feature is the requirement that schools and child care facilities install POU filters on outlets providing water for human consumption as a preventative measure, even if testing has not yet demonstrated the presence of lead contamination.

Proponents of the filter-first strategy highlight challenges with traditional approaches, which generally focus on testing first, followed by remediation where elevated lead levels occur. Challenges with traditional approaches include the potentially high costs of remediation (e.g., replacing lead-leaching fixtures and plumbing), and possible variations in lead levels over time (for example, changes in water chemistry can cause lead to leach from plumbing, even in places where prior testing did not show lead contamination).

One filter-first approach developed by the Natural Resources Defense Council (NRDC)—which created model state legislation that was informed by laws in Washington D.C. and the state of New York—would require, among other things, that schools and child care facilities:

• Install filters on drinking water taps;
• Test the taps, after filters have been installed, and provide parents and staff with the test results;
• Remediate the problem when lead concentrations exceed 1 ppb;
• Provide free and safe potable water if lead contamination is found; and,
• Develop and implement remediation plans, and post the test results and remediation plans.

In addition, NRDC's model legislation would require states to promulgate regulations, issue guidance on remediation plans and maintenance of filters, and provide training to school personnel. According to the NRDC, this model legislation informed the development of filter-first legislation in Michigan, described further below.

Key considerations for safely implementing "filter-first" solutions: The US EPA's 3Ts Manual describes the use of POU filters as a short-term control measure for reducing lead exposure until permanent measures can be implemented. The 3Ts Manual also states that POU filters can be used as a permanent control measure; however, the US EPA qualifies this recommendation by stating that "facilities should be sure to create maintenance schedules and identify a point of contact to be in charge of making sure they are properly maintained."

The proper use and routine maintenance—including the replacement of filter cartridges, inspection of filter housing for damage or vandalism, and flushing after periods of stagnation—is critical for ensuring that POU filters function as intended. Evaluations of filter performance are often conducted under controlled laboratory conditions, rather than in the field (i.e., in actual use in schools and child care facilities), where improper installation, use, and maintenance may play a potentially larger role in filter function. In a 2022 study published in the journal Water Research, entitled "Influence of point-of-use filters and stagnation on water quality at a preschool and under laboratory conditions," Clark et al. state: "Few studies have examined POU filters under conditions of actual use, particularly in schools where children are especially vulnerable to [lead] in drinking water." To clarify how filters are impacted by stagnation (i.e., periods of time when filters are not in use and water sits in pipes, fixtures, and filters), the authors sampled filtered water in an Illinois preschool for a year, before and after typical school stagnation periods, and tested the samples for lead levels and the presence of bacteria. The authors found that installing "the filters had the unintended consequence of significantly increasing the bacterial concentrations…in the preschool’s drinking water and in laboratory filter effluent." While none of the bacteria were disease-causing, Clark et al. note that "the increase of total bacteria in the filter effluent following filtration and stagnation periods as short as overnight may have concerning public health implications if pathogenic bacteria were to be present in the influent." The authors recommend five minute flushing of filters after periods of stagnation, which they found significantly decreased bacteria levels in filtered water.

In 2023, Michigan enacted a body of state laws, collectively known as "Filter First," that includes requirements pertaining both to the installation and proper maintenance of POU filters in schools and child care centers. These laws require schools and child care centers to develop a Drinking Water Management Plan and install lead reducing filters on all consumptive fixtures. Until exhausted, funding will be available for one-time costs, including the purchase of POU filters and certain maintenance and sampling costs. Michigan's laws also require the state's environmental and education departments to provide schools and child care centers with a Drinking Water Management Plan template, guidance for using filters, and training. In addition, the laws require that if lead levels exceed 5 ppb, POU filters be made inoperable and undergo filter replacement and retesting. Although not identical, these provisions are similar to AB 2671's requirements that FCCHs serve filtered water to children in their care, and replace filter cartridges where lead levels exceed 5 ppb. Also similar to Michigan, AB 2671 requires CDSS to develop regulations and templates to support implementation and help ensure proper installation, use, and maintenance of filters by FCCHs.

Notably, Michigan's Filter First laws require child care centers to establish a schedule showing when annual lead testing of filtered water will occur, to ensure that filters are properly installed and providing water that does not contain lead exceeding 5 ppb. In contrast, AB 2671's lead testing requirements are triggered only when CDSS inspections identify serious concerns with an FCCH's filter maintenance; this approach could help balance the need to ensure POU filters are functioning properly, while reducing the burden placed on FCCHs. As noted above, FCCHs play a critical role in increasing accessibility to early childhood education and care, particularly for children from low-income families, children from families in underserved or rural areas, and children whose parents work in the service sector with nontraditional or unpredictable work schedules.

Federal action on lead in child care facilities: In 1991, the US EPA promulgated the LCR to minimize lead and copper in drinking water. On January 15, 2021, the US EPA issued substantial changes, called the Lead and Copper Rule Revisions (LCRR), to the LCR, to provide greater and more effective protection of public health. The LCRR contain federal regulations that would, for the first time, require community water systems to test for lead in drinking water in schools and child care facilities. The LCRR define "child care facility" to mean a location that houses a licensed provider of child care, daycare, or early learning services to children, as determined by the state, local, or tribal licensing agency (40 CFR § 141.2); this definition includes licensed FCCHs.  

If unchanged by the Lead and Copper Rule Improvements (LCRI; described below), rules established under the LCRR will require community water systems, beginning on October 16, 2024, to conduct lead sampling at a certain number of faucets at each elementary school and child care facility they serve within five years, and provide testing to elementary schools and child care facilities upon request after the first round of mandatory testing.

The Lead and Copper Rule Improvements: On January 20, 2021, federal Executive Order 13990 directed all federal agencies to undertake review and action to address the promulgation of federal regulations during the prior four years. The LCRR were specifically identified as requiring review. As a result, the US EPA delayed the effective and compliance dates established in the LCRR to December 16, 2021 and October 16, 2024, respectively. The US EPA committed to propose and revise the LCRR by October 2024 with the LCRI.

On November 30, 2023, the US EPA announced the proposed LCRI, which maintain most of the LCRR requirements for community water systems to conduct public education and offer sampling to schools and child care facilities. The LCRI clarify that community water systems do not have to sample in schools and child care facilities that underwent full plumbing replacement after January 1, 2014, or the date that a state adopted standards meeting the federal definition of "lead free" (January 1, 2010, in California). The US EPA states that the LCRI are intended to provide a "baseline level of sampling information," and that "States are likely better positioned than EPA to administer lead testing and remediation programs because States can establish regulations for schools and child care facilities that would provide for greater consistency of education, testing, remediation activities, and public communication across all schools and child care facilities throughout a State."

Regarding filter-first approaches, the LCRI propose to allow states to waive the requirements for community water systems to sample in schools and child care facilities, if a school or child care facility installs and maintains POU devices certified to reduce lead in drinking water on all outlets used to provide water for human consumption. However, the US EPA notes a need for continued discussion to determine how to structure the proposed waivers. Specifically, the US EPA states:

"EPA is aware that some State and local governments require schools to 'filter-first,' meaning that filters certified to reduce lead are required to be installed and maintained on outlets in schools and child care facilities used for drinking and cooking…EPA considered feedback on filter-first approaches and is proposing to add a waiver eligibility for [community water systems] to sample in schools and child care facilities that install and maintain POU devices on all outlets used for cooking and drinking. EPA is seeking comment on whether or not to allow States to waive the requirements [for community water systems to sample] in schools and child care facilities that use and maintain filters certified to reduce lead, and if so, whether the waiver should only be allowed where schools and child care facilities are required by State or local law to install POU devices and maintain them. EPA is seeking comment on the minimum requirements for States to provide a waiver (e.g., should the waiver be limited to locations where the filter use is required by State or local law; should the waiver be limited to locations where State or local law requires periodic sampling or testing to ensure proper filter use).

Some stakeholders advocated for the LCRI to include a filter-first requirement while others disagree with such approaches for reasons including because filters may not be properly maintained over the long-term resulting in reduced efficacy, and the cost and burdens on water systems..."

State action on lead in drinking water in child daycare centers: In 2018, the Legislature enacted AB 2370 (Holden, Chapter 676, Statutes of 2018), which requires licensed child daycare centers operating in buildings constructed before January 1, 2010 to have their drinking water tested for lead by January 1, 2023, and every five years after the initial test. AB 2370 also mandated collaboration between CDSS and the State Water Board in the implementation of the bill's requirements. The requirements established by AB 2370 do not apply to FCCHs.

Similar to AB 2671, AB 2370 requires child daycare centers to:

• Test outlets for lead levels (although testing under AB 2671 would be limited to instances in which CDSS identifies serious concerns regarding an FCCH's maintenance of POU filters);
• Obtain a potable source of water for children; and,
• Notify parents or guardians of the test results.

Subsequent written directives from CDSS specified an action level of 5 ppb, with a minimum reporting threshold of 1 ppb, for lead in water in child daycare centers. Through SB 862 (Budget Committee, Chapter 449, Statutes of 2018), the Legislature appropriated $5 million, which the State Water Board is using to assist child daycare centers with the costs of testing and fixture replacement.

In May 2023, the Environmental Working Group (one of the co-sponsors of AB 2671) reported the results of an analysis of lead level data, collected under AB 2370. The Environmental Working Group reports that out of 6,866 child daycare centers with test results, nearly 1,700 had lead levels above 5 ppb. More than 250 of these sites had lead levels equal to or greater than 50 ppb; one site had lead levels above 11,000 ppb, more than 2,000 times the action level established by CDSS through its written directives.

This bill: AB 2671 requires FCCHs to only serve water, or food prepared with water, to children that has been filtered using a POU water filtration device certified to reduce lead levels. This bill also requires CDSS to adopt implementing regulations. AB 2671 stands to strengthen health protections for children in the care of FCCHs, not only because the bill requires FCCHs to serve filtered water, but also because the bill establishes "guardrails" to help ensure that the filters will be properly installed, used, and maintained, with regulatory oversight from CDSS.

Arguments in support: A coalition of supporting environmental organizations states:

"California has already taken action to address lead contamination in schools and child care centers…The result is that schools in 53% of school districts and 25% of 6,500 child care centers found elevated levels of lead in their drinking water. Lead levels in many child care centers were many times, even hundreds of times, higher than the state's allowed threshold of 5 [ppb]. 259 centers up and down the state found lead levels between 50 and 1000 ppb, and one child care center found lead levels at 11,300 parts per billion—2,200 times the state limit…A glaring gap in our state's effort to address lead contamination in drinking water is in family daycare home facilities, which were exempt from AB 2370's lead-testing requirement…AB 2671 will close the gap in lead remediation for children in family daycare facilities…Lead concentrations in water are highly variable, and so even proper sampling can miss lead contamination or fail to capture its full extent…Rather than 'test and fix,' AB 2671 requires family daycare homes to 'filter first,' meaning filter all drinking water provided to children in their care now, and use filters certified to remove lead when doing so. Plumbing system remediation can happen at a later time when significantly more funds are available."

Writing in a support-if-amended position, Child Care Providers United states:

"Family childcare providers care for some of the most vulnerable and indigent children in California; they provide them with a safe and stable learning environment, transportation, and warm meals. Despite significant recent investments in childcare, including raising wages for some providers by 20%, a recent P5 study shows that most licensed providers do not pay themselves a salary, and those who do earn hourly pay of less than $10. Increasing mandatory operating costs related to water filtration systems and regular filter replacement, with no support from the state on the mandates they are imposing, could be a deciding factor in whether a provider can accept more children or keep their doors open.

In addition to the cost burdens, the issue of education, enforcement, and record maintenance falls entirely on the providers. Communication between the state and family childcare providers has always been underwhelming, especially with limited language options. We are concerned with the ability of providers to be properly informed on how to best comply with the regulation in the time and manner provided in AB 2671.

For the reasons stated we urge the following amendments be made:

• Implementation contingent upon reimbursement of Filter System and Filters
• Extend windows to ensure that providers have time to appropriately comply
• Authorized State Agency shall meet and confer with CCPU to determine the most appropriate means to provide outreach and education, compliance, enforcement, and reimbursement.
• Recommend offering [Family, Friend, and Neighbor caregivers] the option to participate."

Arguments in opposition: None on file.

Related legislation:

1. AB 1851 (Holden). Requires the State Superintendent of Public Instruction of the California Department of Education to establish a pilot program to test for and remediate lead in drinking water in the schools of 6-10 local educational agencies; requires a technical assistance provider to advise participating LEAs on meeting the requirements of the pilot program, analyze the pilot program's outcomes, and provide recommendations to the state on reducing lead in drinking water in schools across California. This bill is pending before the Assembly Appropriations Committee.
2. AB 249 (Holden, 2023). Would have required, on or before January 1, 2027, a community water system that serves a schoolsite receiving federal Title I funds to test for lead in each of the schoolsite's potable water system outlets and to perform specified actions, if lead levels exceeded 5 ppb. This bill was vetoed by Governor Gavin Newsom.
3. AB 100 (Holden, Chapter 692, Statutes of 2021). Requires, commencing January 1, 2023, manufacturer compliance with a specified lower lead leaching standard for faucets and other end point devices used for providing drinking water; prohibits sales of products that do not meet the new standard beginning July 1, 2023; and, requires labeling of products that comply with the definition of "lead free" to indicate compliance in an easily identifiable manner.
4. AB 2370 (Holden, Chapter 676, Statutes of 2018). Requires licensed child daycare facilities to, upon enrolling any child, provide parents or guardians with certain written information related to the risks and effects of lead exposure and blood lead testing recommendations and requirements, and subjects certain child daycare centers to requirements related to testing drinking water for lead contamination levels.
5. SB 862 (Budget Committee, Chapter 449, Statutes of 2018). Appropriated $5 million to the State Water Board to provide grants or contracts for drinking water testing for lead at licensed child daycare centers, remediation of lead in plumbing and drinking water fixtures, and technical assistance for licensed child daycare providers to apply for testing and remediation.
6. AB 746 (Gonzalez Fletcher, Chapter 746, Statutes of 2017). Requires a community water system that serves a schoolsite built before January 1, 2010 to test for lead in the potable water system of the schoolsite on or before July 1, 2019.
7. SB 427 (Leyva, Chapter 238, Statutes of 2017). Requires, by July 1, 2020, a community water system that has identified lead user service lines in use in its distribution system to provide a timeline for replacement of those service lines to the State Water Board.
8. SB 1398 (Leyva, Chapter 731, Statutes of 2016). Requires a public water system to identify and replace known leaded plumbing.
9. AB 2124 (E. Garcia, Lackey, 2016). Would have required a public water system to include in its water analysis samples from schools, daycare facilities, and health care facilities, to the extent those locations are within the public water system. This bill was held in the Senate Environmental Quality Committee.
10. AB 434 (E. Garcia, Chapter 663, Statutes of 2015). Requires the State Water Board to adopt regulations governing the use of point-of-entry and POU treatment by a public water system in lieu of centralized treatment, where it can be demonstrated that centralized treatment is not immediately economically feasible.
11. AB 2084 (Brownley, Chapter 593, Statutes of 2010). Establishes a minimum standard for beverages that are served in licensed child daycare facilities and requires facilities to make clean and safe drinking water readily available and accessible for consumption throughout the day.
12. AB 1953 (Chan, Chapter 853, Statutes of 2006). Banned for sale and use any pipe, pipe or plumbing fitting, or fixture intended to convey or dispense water for human consumption through drinking or cooking that is not "lead free."

REGISTERED SUPPORT / OPPOSITION:

Support

CALPIRG, California Public Interest Research Group (Co-Sponsor)
Environmental Working Group (Co-Sponsor)
A Voice for Choice Advocacy
Active San Gabriel Valley
Alliance of Nurses for Healthy Environments
As You Sow
Brighter Beginnings
California Environmental Voters (formerly CLCV)
California Nurses for Environmental Health & Justice
Center for Community Action & Environmental Justice
Center for Environmental Health
Childhood Lead Poisoning Prevention Program
Clean Water Action
Cleanearth4kids.org
Development of Court Skills
Environment California
Facts: Families Advocating for Chemical & Toxics Safety
Friends Committee on Legislation of California
Healing and Justice Center
Little Things Matter
Lutheran Office of Public Policy - California
Mamavation - Non-toxic Products for Healthy Families
Moms Advocating Sustainability
Mysafetynest.org
Non-toxic Neighborhoods
Nontoxic Schools
Recolte Energy
Russian Riverkeeper
Sustainable Claremont
www.gmoscience.org

Opposition

None on file.

Analysis Prepared by: Naomi Ondrasek / E.S. & T.M. /