Amended IN Assembly March 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 746Introduced by Assembly Member Gonzalez Fletcher Members Gonzalez Fletcher, McCarty, and RubioFebruary 15, 2017 An act to amend Section 33000 of the Education Code, relating to the State Board of Education. An act to add Section 116277 to the Health and Safety Code, relating to public health.LEGISLATIVE COUNSEL'S DIGESTAB 746, as amended, Gonzalez Fletcher Gonzalez Fletcher. State Board of Education. Public health: potable water: lead testing: schoolsites and campuses.Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration programs relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adoption of implementing regulations, and conducting studies and investigations to assess the quality of water in private domestic water supplies. The act requires the state board to establish a grant program, in consultation with the State Department of Education, to award grants to local educational agencies for the purposes of improving access to, and the quality of, drinking water in public schools serving kindergarten or any of grades 1 to 12, inclusive, and preschools and child day care facilities located on public school property. This bill would require a local educational agency, the Board of Governors of the California Community Colleges, and the Trustees of the California State University, at least once a year, to test for lead in the potable water system at every schoolsite, including preschool locations, or campus within their respective jurisdictions. The bill would require, if a test reveals that a schoolsites or campus lead level is greater than the United States Environmental Protection Agency drinking water standards for lead, as those standards existed on January 1, 2017, the local educational agency to notify parents and guardians, and the board of governors and the trustees to notify students, of the elevated level and provide information on how to obtain physician testing for any pupil or student who may be affected. The bill would require a local educational agency, the board of governors, and the trustees to make inoperable and shut down from use any part of a schoolsite or campus potable water system that has an elevated lead level. By imposing additional duties on local educational agencies and community college districts, the bill would impose a state-mandated local program. The bill would encourage the Regents of the University of California to adopt an appropriate resolution to implement these provisions for the University of California.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law establishes the State Board of Education to consist of 10 members appointed by the Governor with the advice and consent of23 of the Senate.This bill would make a nonsubstantive change to these State Board of Education provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 116277 is added to the Health and Safety Code, to read:116277. (a) (1) At least once a year, a local educational agency shall test for lead in the potable water system at every schoolsite, including preschool locations, within the jurisdiction of the local educational agency.(2) If a test reveals that a schoolsites lead level is greater than the United States Environmental Protection Agency drinking water standards for lead, as those standards existed on January 1, 2017, the local educational agency shall notify, within seven days of receiving test results, the parents and guardians of the pupils who attend the school or preschool where the elevated lead level was found of the elevated level and provide information to those parents and guardians on how to obtain physician testing for any pupil who may be affected by the elevated lead level.(3) A local educational agency shall make inoperable and shut down from use any part of a schoolsite potable water system that has an elevated lead level.(b) (1) At least once a year, the Board of Governors of the California Community Colleges and the Trustees of the California State University shall test for lead in the potable water system at every campus within their respective jurisdictions.(2) If a test reveals that a campus lead level is greater than the United States Environmental Protection Agency drinking water standards for lead, as those standards existed on January 1, 2017, the Board of Governors of the California Community Colleges or the Trustees of the California State University shall notify, within seven days of receiving test results, students who attend the campus where the elevated lead level was found of the elevated level and provide information to those students on how to obtain physician testing for any student who may be affected by the elevated lead level.(3) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall make inoperable and shut down from use any part of a campus potable water system that has an elevated lead level.(c) The Regents of the University of California are encouraged to adopt an appropriate resolution to implement subdivision (b) for the University of California.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.SECTION 1.Section 33000 of the Education Code is amended to read:33000.There is in the state government a State Board of Education, consisting of 10 members, who are all appointed by the Governor with the advice and consent of two-thirds of the Senate. Amended IN Assembly March 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 746Introduced by Assembly Member Gonzalez Fletcher Members Gonzalez Fletcher, McCarty, and RubioFebruary 15, 2017 An act to amend Section 33000 of the Education Code, relating to the State Board of Education. An act to add Section 116277 to the Health and Safety Code, relating to public health.LEGISLATIVE COUNSEL'S DIGESTAB 746, as amended, Gonzalez Fletcher Gonzalez Fletcher. State Board of Education. Public health: potable water: lead testing: schoolsites and campuses.Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration programs relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adoption of implementing regulations, and conducting studies and investigations to assess the quality of water in private domestic water supplies. The act requires the state board to establish a grant program, in consultation with the State Department of Education, to award grants to local educational agencies for the purposes of improving access to, and the quality of, drinking water in public schools serving kindergarten or any of grades 1 to 12, inclusive, and preschools and child day care facilities located on public school property. This bill would require a local educational agency, the Board of Governors of the California Community Colleges, and the Trustees of the California State University, at least once a year, to test for lead in the potable water system at every schoolsite, including preschool locations, or campus within their respective jurisdictions. The bill would require, if a test reveals that a schoolsites or campus lead level is greater than the United States Environmental Protection Agency drinking water standards for lead, as those standards existed on January 1, 2017, the local educational agency to notify parents and guardians, and the board of governors and the trustees to notify students, of the elevated level and provide information on how to obtain physician testing for any pupil or student who may be affected. The bill would require a local educational agency, the board of governors, and the trustees to make inoperable and shut down from use any part of a schoolsite or campus potable water system that has an elevated lead level. By imposing additional duties on local educational agencies and community college districts, the bill would impose a state-mandated local program. The bill would encourage the Regents of the University of California to adopt an appropriate resolution to implement these provisions for the University of California.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law establishes the State Board of Education to consist of 10 members appointed by the Governor with the advice and consent of23 of the Senate.This bill would make a nonsubstantive change to these State Board of Education provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Amended IN Assembly March 30, 2017 Amended IN Assembly March 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 746 Introduced by Assembly Member Gonzalez Fletcher Members Gonzalez Fletcher, McCarty, and RubioFebruary 15, 2017 Introduced by Assembly Member Gonzalez Fletcher Members Gonzalez Fletcher, McCarty, and Rubio February 15, 2017 An act to amend Section 33000 of the Education Code, relating to the State Board of Education. An act to add Section 116277 to the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST AB 746, as amended, Gonzalez Fletcher Gonzalez Fletcher. State Board of Education. Public health: potable water: lead testing: schoolsites and campuses. Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration programs relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adoption of implementing regulations, and conducting studies and investigations to assess the quality of water in private domestic water supplies. The act requires the state board to establish a grant program, in consultation with the State Department of Education, to award grants to local educational agencies for the purposes of improving access to, and the quality of, drinking water in public schools serving kindergarten or any of grades 1 to 12, inclusive, and preschools and child day care facilities located on public school property. This bill would require a local educational agency, the Board of Governors of the California Community Colleges, and the Trustees of the California State University, at least once a year, to test for lead in the potable water system at every schoolsite, including preschool locations, or campus within their respective jurisdictions. The bill would require, if a test reveals that a schoolsites or campus lead level is greater than the United States Environmental Protection Agency drinking water standards for lead, as those standards existed on January 1, 2017, the local educational agency to notify parents and guardians, and the board of governors and the trustees to notify students, of the elevated level and provide information on how to obtain physician testing for any pupil or student who may be affected. The bill would require a local educational agency, the board of governors, and the trustees to make inoperable and shut down from use any part of a schoolsite or campus potable water system that has an elevated lead level. By imposing additional duties on local educational agencies and community college districts, the bill would impose a state-mandated local program. The bill would encourage the Regents of the University of California to adopt an appropriate resolution to implement these provisions for the University of California.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law establishes the State Board of Education to consist of 10 members appointed by the Governor with the advice and consent of23 of the Senate.This bill would make a nonsubstantive change to these State Board of Education provisions. Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration programs relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adoption of implementing regulations, and conducting studies and investigations to assess the quality of water in private domestic water supplies. The act requires the state board to establish a grant program, in consultation with the State Department of Education, to award grants to local educational agencies for the purposes of improving access to, and the quality of, drinking water in public schools serving kindergarten or any of grades 1 to 12, inclusive, and preschools and child day care facilities located on public school property. This bill would require a local educational agency, the Board of Governors of the California Community Colleges, and the Trustees of the California State University, at least once a year, to test for lead in the potable water system at every schoolsite, including preschool locations, or campus within their respective jurisdictions. The bill would require, if a test reveals that a schoolsites or campus lead level is greater than the United States Environmental Protection Agency drinking water standards for lead, as those standards existed on January 1, 2017, the local educational agency to notify parents and guardians, and the board of governors and the trustees to notify students, of the elevated level and provide information on how to obtain physician testing for any pupil or student who may be affected. The bill would require a local educational agency, the board of governors, and the trustees to make inoperable and shut down from use any part of a schoolsite or campus potable water system that has an elevated lead level. By imposing additional duties on local educational agencies and community college districts, the bill would impose a state-mandated local program. The bill would encourage the Regents of the University of California to adopt an appropriate resolution to implement these provisions for the University of California. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Existing law establishes the State Board of Education to consist of 10 members appointed by the Governor with the advice and consent of23 of the Senate. This bill would make a nonsubstantive change to these State Board of Education provisions. ## Digest Key ## Bill Text The people of the State of California do enact as follows:SECTION 1. Section 116277 is added to the Health and Safety Code, to read:116277. (a) (1) At least once a year, a local educational agency shall test for lead in the potable water system at every schoolsite, including preschool locations, within the jurisdiction of the local educational agency.(2) If a test reveals that a schoolsites lead level is greater than the United States Environmental Protection Agency drinking water standards for lead, as those standards existed on January 1, 2017, the local educational agency shall notify, within seven days of receiving test results, the parents and guardians of the pupils who attend the school or preschool where the elevated lead level was found of the elevated level and provide information to those parents and guardians on how to obtain physician testing for any pupil who may be affected by the elevated lead level.(3) A local educational agency shall make inoperable and shut down from use any part of a schoolsite potable water system that has an elevated lead level.(b) (1) At least once a year, the Board of Governors of the California Community Colleges and the Trustees of the California State University shall test for lead in the potable water system at every campus within their respective jurisdictions.(2) If a test reveals that a campus lead level is greater than the United States Environmental Protection Agency drinking water standards for lead, as those standards existed on January 1, 2017, the Board of Governors of the California Community Colleges or the Trustees of the California State University shall notify, within seven days of receiving test results, students who attend the campus where the elevated lead level was found of the elevated level and provide information to those students on how to obtain physician testing for any student who may be affected by the elevated lead level.(3) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall make inoperable and shut down from use any part of a campus potable water system that has an elevated lead level.(c) The Regents of the University of California are encouraged to adopt an appropriate resolution to implement subdivision (b) for the University of California.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.SECTION 1.Section 33000 of the Education Code is amended to read:33000.There is in the state government a State Board of Education, consisting of 10 members, who are all appointed by the Governor with the advice and consent of two-thirds of the Senate. The people of the State of California do enact as follows: ## The people of the State of California do enact as follows: SECTION 1. Section 116277 is added to the Health and Safety Code, to read:116277. (a) (1) At least once a year, a local educational agency shall test for lead in the potable water system at every schoolsite, including preschool locations, within the jurisdiction of the local educational agency.(2) If a test reveals that a schoolsites lead level is greater than the United States Environmental Protection Agency drinking water standards for lead, as those standards existed on January 1, 2017, the local educational agency shall notify, within seven days of receiving test results, the parents and guardians of the pupils who attend the school or preschool where the elevated lead level was found of the elevated level and provide information to those parents and guardians on how to obtain physician testing for any pupil who may be affected by the elevated lead level.(3) A local educational agency shall make inoperable and shut down from use any part of a schoolsite potable water system that has an elevated lead level.(b) (1) At least once a year, the Board of Governors of the California Community Colleges and the Trustees of the California State University shall test for lead in the potable water system at every campus within their respective jurisdictions.(2) If a test reveals that a campus lead level is greater than the United States Environmental Protection Agency drinking water standards for lead, as those standards existed on January 1, 2017, the Board of Governors of the California Community Colleges or the Trustees of the California State University shall notify, within seven days of receiving test results, students who attend the campus where the elevated lead level was found of the elevated level and provide information to those students on how to obtain physician testing for any student who may be affected by the elevated lead level.(3) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall make inoperable and shut down from use any part of a campus potable water system that has an elevated lead level.(c) The Regents of the University of California are encouraged to adopt an appropriate resolution to implement subdivision (b) for the University of California. SECTION 1. Section 116277 is added to the Health and Safety Code, to read: ### SECTION 1. 116277. (a) (1) At least once a year, a local educational agency shall test for lead in the potable water system at every schoolsite, including preschool locations, within the jurisdiction of the local educational agency.(2) If a test reveals that a schoolsites lead level is greater than the United States Environmental Protection Agency drinking water standards for lead, as those standards existed on January 1, 2017, the local educational agency shall notify, within seven days of receiving test results, the parents and guardians of the pupils who attend the school or preschool where the elevated lead level was found of the elevated level and provide information to those parents and guardians on how to obtain physician testing for any pupil who may be affected by the elevated lead level.(3) A local educational agency shall make inoperable and shut down from use any part of a schoolsite potable water system that has an elevated lead level.(b) (1) At least once a year, the Board of Governors of the California Community Colleges and the Trustees of the California State University shall test for lead in the potable water system at every campus within their respective jurisdictions.(2) If a test reveals that a campus lead level is greater than the United States Environmental Protection Agency drinking water standards for lead, as those standards existed on January 1, 2017, the Board of Governors of the California Community Colleges or the Trustees of the California State University shall notify, within seven days of receiving test results, students who attend the campus where the elevated lead level was found of the elevated level and provide information to those students on how to obtain physician testing for any student who may be affected by the elevated lead level.(3) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall make inoperable and shut down from use any part of a campus potable water system that has an elevated lead level.(c) The Regents of the University of California are encouraged to adopt an appropriate resolution to implement subdivision (b) for the University of California. 116277. (a) (1) At least once a year, a local educational agency shall test for lead in the potable water system at every schoolsite, including preschool locations, within the jurisdiction of the local educational agency.(2) If a test reveals that a schoolsites lead level is greater than the United States Environmental Protection Agency drinking water standards for lead, as those standards existed on January 1, 2017, the local educational agency shall notify, within seven days of receiving test results, the parents and guardians of the pupils who attend the school or preschool where the elevated lead level was found of the elevated level and provide information to those parents and guardians on how to obtain physician testing for any pupil who may be affected by the elevated lead level.(3) A local educational agency shall make inoperable and shut down from use any part of a schoolsite potable water system that has an elevated lead level.(b) (1) At least once a year, the Board of Governors of the California Community Colleges and the Trustees of the California State University shall test for lead in the potable water system at every campus within their respective jurisdictions.(2) If a test reveals that a campus lead level is greater than the United States Environmental Protection Agency drinking water standards for lead, as those standards existed on January 1, 2017, the Board of Governors of the California Community Colleges or the Trustees of the California State University shall notify, within seven days of receiving test results, students who attend the campus where the elevated lead level was found of the elevated level and provide information to those students on how to obtain physician testing for any student who may be affected by the elevated lead level.(3) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall make inoperable and shut down from use any part of a campus potable water system that has an elevated lead level.(c) The Regents of the University of California are encouraged to adopt an appropriate resolution to implement subdivision (b) for the University of California. 116277. (a) (1) At least once a year, a local educational agency shall test for lead in the potable water system at every schoolsite, including preschool locations, within the jurisdiction of the local educational agency.(2) If a test reveals that a schoolsites lead level is greater than the United States Environmental Protection Agency drinking water standards for lead, as those standards existed on January 1, 2017, the local educational agency shall notify, within seven days of receiving test results, the parents and guardians of the pupils who attend the school or preschool where the elevated lead level was found of the elevated level and provide information to those parents and guardians on how to obtain physician testing for any pupil who may be affected by the elevated lead level.(3) A local educational agency shall make inoperable and shut down from use any part of a schoolsite potable water system that has an elevated lead level.(b) (1) At least once a year, the Board of Governors of the California Community Colleges and the Trustees of the California State University shall test for lead in the potable water system at every campus within their respective jurisdictions.(2) If a test reveals that a campus lead level is greater than the United States Environmental Protection Agency drinking water standards for lead, as those standards existed on January 1, 2017, the Board of Governors of the California Community Colleges or the Trustees of the California State University shall notify, within seven days of receiving test results, students who attend the campus where the elevated lead level was found of the elevated level and provide information to those students on how to obtain physician testing for any student who may be affected by the elevated lead level.(3) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall make inoperable and shut down from use any part of a campus potable water system that has an elevated lead level.(c) The Regents of the University of California are encouraged to adopt an appropriate resolution to implement subdivision (b) for the University of California. 116277. (a) (1) At least once a year, a local educational agency shall test for lead in the potable water system at every schoolsite, including preschool locations, within the jurisdiction of the local educational agency. (2) If a test reveals that a schoolsites lead level is greater than the United States Environmental Protection Agency drinking water standards for lead, as those standards existed on January 1, 2017, the local educational agency shall notify, within seven days of receiving test results, the parents and guardians of the pupils who attend the school or preschool where the elevated lead level was found of the elevated level and provide information to those parents and guardians on how to obtain physician testing for any pupil who may be affected by the elevated lead level. (3) A local educational agency shall make inoperable and shut down from use any part of a schoolsite potable water system that has an elevated lead level. (b) (1) At least once a year, the Board of Governors of the California Community Colleges and the Trustees of the California State University shall test for lead in the potable water system at every campus within their respective jurisdictions. (2) If a test reveals that a campus lead level is greater than the United States Environmental Protection Agency drinking water standards for lead, as those standards existed on January 1, 2017, the Board of Governors of the California Community Colleges or the Trustees of the California State University shall notify, within seven days of receiving test results, students who attend the campus where the elevated lead level was found of the elevated level and provide information to those students on how to obtain physician testing for any student who may be affected by the elevated lead level. (3) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall make inoperable and shut down from use any part of a campus potable water system that has an elevated lead level. (c) The Regents of the University of California are encouraged to adopt an appropriate resolution to implement subdivision (b) for the University of California. 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. 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. 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. ### SEC. 2. There is in the state government a State Board of Education, consisting of 10 members, who are all appointed by the Governor with the advice and consent of two-thirds of the Senate.