California 2017 2017-2018 Regular Session

California Assembly Bill AB746 Amended / Bill

Filed 09/08/2017

                    Amended IN  Senate  September 08, 2017 Amended IN  Assembly  May 26, 2017 Amended IN  Assembly  May 03, 2017 Amended IN  Assembly  April 18, 2017 Amended IN  Assembly  March 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 746Introduced by Assembly Members Gonzalez Fletcher, McCarty, and RubioFebruary 15, 2017An act to add and repeal Section 116277 to of the Health and Safety Code, relating to public health.LEGISLATIVE COUNSEL'S DIGESTAB 746, as amended, Gonzalez Fletcher. Public health: potable water systems: lead testing: schoolsites.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 adopting 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, as defined, to test for lead in the potable water system, as defined, at every schoolsite within its jurisdiction at least once a year or once every 3 years, depending on whether a building was constructed before or after January 1, 1993. The bill would require, if a test reveals that a schoolsites lead level is greater than the United States Environmental Protection Agencys drinking water standards for lead, as those standards existed on January 1, 2017, the local educational agency to notify parents and guardians of the elevated level and provide information on lead developed by an agency with expertise on lead, as specified. The bill would require a local educational agency to make inoperable and shut down from use any part of a schoolsites potable water system that has an elevated lead level. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.This bill would require a community water system that serves a schoolsite of a local educational agency with a building constructed before January 1, 2010, to test for lead in the potable water system of the schoolsite before January 1, 2019. The bill would require the community water system to report its findings to the schoolsite, as specified, and, if the schoolsites lead level exceeds a certain level, to test a water sample from the point in which the schoolsite connects to the community water systems supply network. The bill would require the local educational agency, if the lead level exceeds the specified level at a schoolsite, to notify the parents and guardians of the pupils who attend the schoolsite or preschool. The bill would require the local educational agency to take immediate steps to make inoperable and shut down from use all fountains and faucets where the excess lead levels may exist and would require the local educational agency to work with the school site to ensure that a potable source of drinking water is provided for students. The bill would require a community water system to prepare a sampling plan for each schoolsite where lead sampling is required under these provisions. By imposing additional duties on local educational agencies, this 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, 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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES 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) A community water system that serves a schoolsite of a local educational agency with a building constructed before January 1, 2010, on that schoolsite shall test for lead in the potable water system of the schoolsite on or before July 1, 2019.(2) The community water system shall report its findings to the schoolsite within 10 business days after the community water system receives the results from the testing laboratory or within two business days if it is found that the schoolsites lead level exceeds 15 parts per billion.(3) If the lead level exceeds 15 parts per billion, the community water system shall also test a water sample from the point in which the schoolsite connects to the community water systems supply network to determine the lead level of the water entering the schoolsite from the community water systems water supply network.(b) (1) A local educational agency shall allow the community water system access to each of the local educational agencys schoolsites that are subject to subdivision (a) to conduct testing.(2) If the lead level exceeds 15 parts per billion, the local educational agency shall notify the parents and guardians of the pupils who attend the schoolsite or preschool where the elevated lead levels are found.(c) (1) If lead levels exceed 15 parts per billion, the local educational agency shall take immediate steps to make inoperable and shut down from use all fountains and faucets where the excess lead levels may exist. Additional testing may be required to determine if all or just some of the schools fountains and faucets are required to be shut down.(2) Each local educational agency shall work with the schoolsites within its service area to ensure that a potable source of drinking water is provided for students at each schoolsite where fountains or faucets have been shut down due to elevated lead levels. Providing a potable source of drinking water may include, but is not limited to, replacing any pipes or fixtures that are contributing to the elevated lead levels, providing onsite water filtration, or providing bottled water as a short-term remedy.(d) Each community water system, in cooperation with the appropriate corresponding local educational agency, shall prepare a sampling plan for each schoolsite where lead sampling is required under subdivision (a). The community water system and the local educational agency may request assistance from the state board or any local health agency responsible for regulating community water systems in developing the plan.(e) This section shall not apply to a schoolsite that is subject to any of the following:(1) The schoolsite was constructed or modernized after January 1, 2010.(2) The local educational agency of the schoolsite is currently permitted as a public water system and is currently required to test for lead in the potable water system.(3) The local educational agency completed lead testing of the potable water system after January 1, 2009, and posts information about the lead testing on the local educational agencys public Internet Web site, including, at a minimum, identifying any schoolsite where the level of lead in drinking water exceeds 15 parts per billion.(4) The local educational agency has requested testing from its community water system consistent with the requirements of this section.(f) For purposes of this section, the following definitions apply:(1) Local educational agency means a school district, county office of education, or charter school located in a public facility.(2) Potable water system means water fountains and faucets used for drinking or preparing food.(g) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.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 with a building constructed before January 1, 1993, including preschool locations, within the jurisdiction of the local educational agency.(2)At least once every three years, a local educational agency shall test for lead in the potable water system at every schoolsite with a building constructed on or after January 1, 1993, including preschool locations, within the jurisdiction of the local educational agency. (3)If a test reveals that a schoolsites lead level is greater than the United States Environmental Protection Agencys 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 on lead developed by an agency with expertise on lead, such as the United States Centers for Disease Control and Prevention, the United States Environmental Protection Agency, the State Department of Public Health, the State Water Resources Control Board, or another agency.(4)A local educational agency shall make inoperable and shut down from use any part of a schoolsites potable water system that has an elevated lead level.(5)If a test reveals that a schoolsites lead level is greater than 5 parts per billion, every potable water system at the schoolsite shall be tested that year. (b)A local educational agency may do the following:(1)Contract with a third party to conduct testing required by this section.(2)Seek the assistance of a local health agency, a community water system, or the State Water Resources Control Board to ensure compliance with this section.(c)A local educational agency shall use the State Water Resources Control Boards protocol for testing water.(d)For purposes of this section, the following definitions apply:(1)Local educational agency means a school district, county office of education, or charter school.(2)Potable water system means the water fountains and faucets used for drinking and preparing food.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.

 Amended IN  Senate  September 08, 2017 Amended IN  Assembly  May 26, 2017 Amended IN  Assembly  May 03, 2017 Amended IN  Assembly  April 18, 2017 Amended IN  Assembly  March 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 746Introduced by Assembly Members Gonzalez Fletcher, McCarty, and RubioFebruary 15, 2017An act to add and repeal Section 116277 to of the Health and Safety Code, relating to public health.LEGISLATIVE COUNSEL'S DIGESTAB 746, as amended, Gonzalez Fletcher. Public health: potable water systems: lead testing: schoolsites.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 adopting 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, as defined, to test for lead in the potable water system, as defined, at every schoolsite within its jurisdiction at least once a year or once every 3 years, depending on whether a building was constructed before or after January 1, 1993. The bill would require, if a test reveals that a schoolsites lead level is greater than the United States Environmental Protection Agencys drinking water standards for lead, as those standards existed on January 1, 2017, the local educational agency to notify parents and guardians of the elevated level and provide information on lead developed by an agency with expertise on lead, as specified. The bill would require a local educational agency to make inoperable and shut down from use any part of a schoolsites potable water system that has an elevated lead level. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.This bill would require a community water system that serves a schoolsite of a local educational agency with a building constructed before January 1, 2010, to test for lead in the potable water system of the schoolsite before January 1, 2019. The bill would require the community water system to report its findings to the schoolsite, as specified, and, if the schoolsites lead level exceeds a certain level, to test a water sample from the point in which the schoolsite connects to the community water systems supply network. The bill would require the local educational agency, if the lead level exceeds the specified level at a schoolsite, to notify the parents and guardians of the pupils who attend the schoolsite or preschool. The bill would require the local educational agency to take immediate steps to make inoperable and shut down from use all fountains and faucets where the excess lead levels may exist and would require the local educational agency to work with the school site to ensure that a potable source of drinking water is provided for students. The bill would require a community water system to prepare a sampling plan for each schoolsite where lead sampling is required under these provisions. By imposing additional duties on local educational agencies, this 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, 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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES 

 Amended IN  Senate  September 08, 2017 Amended IN  Assembly  May 26, 2017 Amended IN  Assembly  May 03, 2017 Amended IN  Assembly  April 18, 2017 Amended IN  Assembly  March 30, 2017

Amended IN  Senate  September 08, 2017
Amended IN  Assembly  May 26, 2017
Amended IN  Assembly  May 03, 2017
Amended IN  Assembly  April 18, 2017
Amended IN  Assembly  March 30, 2017

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 746

Introduced by Assembly Members Gonzalez Fletcher, McCarty, and RubioFebruary 15, 2017

Introduced by Assembly Members Gonzalez Fletcher, McCarty, and Rubio
February 15, 2017

An act to add and repeal Section 116277 to of the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 746, as amended, Gonzalez Fletcher. Public health: potable water systems: lead testing: schoolsites.

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 adopting 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, as defined, to test for lead in the potable water system, as defined, at every schoolsite within its jurisdiction at least once a year or once every 3 years, depending on whether a building was constructed before or after January 1, 1993. The bill would require, if a test reveals that a schoolsites lead level is greater than the United States Environmental Protection Agencys drinking water standards for lead, as those standards existed on January 1, 2017, the local educational agency to notify parents and guardians of the elevated level and provide information on lead developed by an agency with expertise on lead, as specified. The bill would require a local educational agency to make inoperable and shut down from use any part of a schoolsites potable water system that has an elevated lead level. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.This bill would require a community water system that serves a schoolsite of a local educational agency with a building constructed before January 1, 2010, to test for lead in the potable water system of the schoolsite before January 1, 2019. The bill would require the community water system to report its findings to the schoolsite, as specified, and, if the schoolsites lead level exceeds a certain level, to test a water sample from the point in which the schoolsite connects to the community water systems supply network. The bill would require the local educational agency, if the lead level exceeds the specified level at a schoolsite, to notify the parents and guardians of the pupils who attend the schoolsite or preschool. The bill would require the local educational agency to take immediate steps to make inoperable and shut down from use all fountains and faucets where the excess lead levels may exist and would require the local educational agency to work with the school site to ensure that a potable source of drinking water is provided for students. The bill would require a community water system to prepare a sampling plan for each schoolsite where lead sampling is required under these provisions. By imposing additional duties on local educational agencies, this 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, 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, 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 adopting 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, as defined, to test for lead in the potable water system, as defined, at every schoolsite within its jurisdiction at least once a year or once every 3 years, depending on whether a building was constructed before or after January 1, 1993. The bill would require, if a test reveals that a schoolsites lead level is greater than the United States Environmental Protection Agencys drinking water standards for lead, as those standards existed on January 1, 2017, the local educational agency to notify parents and guardians of the elevated level and provide information on lead developed by an agency with expertise on lead, as specified. The bill would require a local educational agency to make inoperable and shut down from use any part of a schoolsites potable water system that has an elevated lead level. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.



This bill would require a community water system that serves a schoolsite of a local educational agency with a building constructed before January 1, 2010, to test for lead in the potable water system of the schoolsite before January 1, 2019. The bill would require the community water system to report its findings to the schoolsite, as specified, and, if the schoolsites lead level exceeds a certain level, to test a water sample from the point in which the schoolsite connects to the community water systems supply network. The bill would require the local educational agency, if the lead level exceeds the specified level at a schoolsite, to notify the parents and guardians of the pupils who attend the schoolsite or preschool. The bill would require the local educational agency to take immediate steps to make inoperable and shut down from use all fountains and faucets where the excess lead levels may exist and would require the local educational agency to work with the school site to ensure that a potable source of drinking water is provided for students. The bill would require a community water system to prepare a sampling plan for each schoolsite where lead sampling is required under these provisions. By imposing additional duties on local educational agencies, this 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, 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.

## 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) A community water system that serves a schoolsite of a local educational agency with a building constructed before January 1, 2010, on that schoolsite shall test for lead in the potable water system of the schoolsite on or before July 1, 2019.(2) The community water system shall report its findings to the schoolsite within 10 business days after the community water system receives the results from the testing laboratory or within two business days if it is found that the schoolsites lead level exceeds 15 parts per billion.(3) If the lead level exceeds 15 parts per billion, the community water system shall also test a water sample from the point in which the schoolsite connects to the community water systems supply network to determine the lead level of the water entering the schoolsite from the community water systems water supply network.(b) (1) A local educational agency shall allow the community water system access to each of the local educational agencys schoolsites that are subject to subdivision (a) to conduct testing.(2) If the lead level exceeds 15 parts per billion, the local educational agency shall notify the parents and guardians of the pupils who attend the schoolsite or preschool where the elevated lead levels are found.(c) (1) If lead levels exceed 15 parts per billion, the local educational agency shall take immediate steps to make inoperable and shut down from use all fountains and faucets where the excess lead levels may exist. Additional testing may be required to determine if all or just some of the schools fountains and faucets are required to be shut down.(2) Each local educational agency shall work with the schoolsites within its service area to ensure that a potable source of drinking water is provided for students at each schoolsite where fountains or faucets have been shut down due to elevated lead levels. Providing a potable source of drinking water may include, but is not limited to, replacing any pipes or fixtures that are contributing to the elevated lead levels, providing onsite water filtration, or providing bottled water as a short-term remedy.(d) Each community water system, in cooperation with the appropriate corresponding local educational agency, shall prepare a sampling plan for each schoolsite where lead sampling is required under subdivision (a). The community water system and the local educational agency may request assistance from the state board or any local health agency responsible for regulating community water systems in developing the plan.(e) This section shall not apply to a schoolsite that is subject to any of the following:(1) The schoolsite was constructed or modernized after January 1, 2010.(2) The local educational agency of the schoolsite is currently permitted as a public water system and is currently required to test for lead in the potable water system.(3) The local educational agency completed lead testing of the potable water system after January 1, 2009, and posts information about the lead testing on the local educational agencys public Internet Web site, including, at a minimum, identifying any schoolsite where the level of lead in drinking water exceeds 15 parts per billion.(4) The local educational agency has requested testing from its community water system consistent with the requirements of this section.(f) For purposes of this section, the following definitions apply:(1) Local educational agency means a school district, county office of education, or charter school located in a public facility.(2) Potable water system means water fountains and faucets used for drinking or preparing food.(g) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.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 with a building constructed before January 1, 1993, including preschool locations, within the jurisdiction of the local educational agency.(2)At least once every three years, a local educational agency shall test for lead in the potable water system at every schoolsite with a building constructed on or after January 1, 1993, including preschool locations, within the jurisdiction of the local educational agency. (3)If a test reveals that a schoolsites lead level is greater than the United States Environmental Protection Agencys 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 on lead developed by an agency with expertise on lead, such as the United States Centers for Disease Control and Prevention, the United States Environmental Protection Agency, the State Department of Public Health, the State Water Resources Control Board, or another agency.(4)A local educational agency shall make inoperable and shut down from use any part of a schoolsites potable water system that has an elevated lead level.(5)If a test reveals that a schoolsites lead level is greater than 5 parts per billion, every potable water system at the schoolsite shall be tested that year. (b)A local educational agency may do the following:(1)Contract with a third party to conduct testing required by this section.(2)Seek the assistance of a local health agency, a community water system, or the State Water Resources Control Board to ensure compliance with this section.(c)A local educational agency shall use the State Water Resources Control Boards protocol for testing water.(d)For purposes of this section, the following definitions apply:(1)Local educational agency means a school district, county office of education, or charter school.(2)Potable water system means the water fountains and faucets used for drinking and preparing food.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.

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) A community water system that serves a schoolsite of a local educational agency with a building constructed before January 1, 2010, on that schoolsite shall test for lead in the potable water system of the schoolsite on or before July 1, 2019.(2) The community water system shall report its findings to the schoolsite within 10 business days after the community water system receives the results from the testing laboratory or within two business days if it is found that the schoolsites lead level exceeds 15 parts per billion.(3) If the lead level exceeds 15 parts per billion, the community water system shall also test a water sample from the point in which the schoolsite connects to the community water systems supply network to determine the lead level of the water entering the schoolsite from the community water systems water supply network.(b) (1) A local educational agency shall allow the community water system access to each of the local educational agencys schoolsites that are subject to subdivision (a) to conduct testing.(2) If the lead level exceeds 15 parts per billion, the local educational agency shall notify the parents and guardians of the pupils who attend the schoolsite or preschool where the elevated lead levels are found.(c) (1) If lead levels exceed 15 parts per billion, the local educational agency shall take immediate steps to make inoperable and shut down from use all fountains and faucets where the excess lead levels may exist. Additional testing may be required to determine if all or just some of the schools fountains and faucets are required to be shut down.(2) Each local educational agency shall work with the schoolsites within its service area to ensure that a potable source of drinking water is provided for students at each schoolsite where fountains or faucets have been shut down due to elevated lead levels. Providing a potable source of drinking water may include, but is not limited to, replacing any pipes or fixtures that are contributing to the elevated lead levels, providing onsite water filtration, or providing bottled water as a short-term remedy.(d) Each community water system, in cooperation with the appropriate corresponding local educational agency, shall prepare a sampling plan for each schoolsite where lead sampling is required under subdivision (a). The community water system and the local educational agency may request assistance from the state board or any local health agency responsible for regulating community water systems in developing the plan.(e) This section shall not apply to a schoolsite that is subject to any of the following:(1) The schoolsite was constructed or modernized after January 1, 2010.(2) The local educational agency of the schoolsite is currently permitted as a public water system and is currently required to test for lead in the potable water system.(3) The local educational agency completed lead testing of the potable water system after January 1, 2009, and posts information about the lead testing on the local educational agencys public Internet Web site, including, at a minimum, identifying any schoolsite where the level of lead in drinking water exceeds 15 parts per billion.(4) The local educational agency has requested testing from its community water system consistent with the requirements of this section.(f) For purposes of this section, the following definitions apply:(1) Local educational agency means a school district, county office of education, or charter school located in a public facility.(2) Potable water system means water fountains and faucets used for drinking or preparing food.(g) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.

SECTION 1. Section 116277 is added to the Health and Safety Code, to read:

### SECTION 1.

116277. (a) (1) A community water system that serves a schoolsite of a local educational agency with a building constructed before January 1, 2010, on that schoolsite shall test for lead in the potable water system of the schoolsite on or before July 1, 2019.(2) The community water system shall report its findings to the schoolsite within 10 business days after the community water system receives the results from the testing laboratory or within two business days if it is found that the schoolsites lead level exceeds 15 parts per billion.(3) If the lead level exceeds 15 parts per billion, the community water system shall also test a water sample from the point in which the schoolsite connects to the community water systems supply network to determine the lead level of the water entering the schoolsite from the community water systems water supply network.(b) (1) A local educational agency shall allow the community water system access to each of the local educational agencys schoolsites that are subject to subdivision (a) to conduct testing.(2) If the lead level exceeds 15 parts per billion, the local educational agency shall notify the parents and guardians of the pupils who attend the schoolsite or preschool where the elevated lead levels are found.(c) (1) If lead levels exceed 15 parts per billion, the local educational agency shall take immediate steps to make inoperable and shut down from use all fountains and faucets where the excess lead levels may exist. Additional testing may be required to determine if all or just some of the schools fountains and faucets are required to be shut down.(2) Each local educational agency shall work with the schoolsites within its service area to ensure that a potable source of drinking water is provided for students at each schoolsite where fountains or faucets have been shut down due to elevated lead levels. Providing a potable source of drinking water may include, but is not limited to, replacing any pipes or fixtures that are contributing to the elevated lead levels, providing onsite water filtration, or providing bottled water as a short-term remedy.(d) Each community water system, in cooperation with the appropriate corresponding local educational agency, shall prepare a sampling plan for each schoolsite where lead sampling is required under subdivision (a). The community water system and the local educational agency may request assistance from the state board or any local health agency responsible for regulating community water systems in developing the plan.(e) This section shall not apply to a schoolsite that is subject to any of the following:(1) The schoolsite was constructed or modernized after January 1, 2010.(2) The local educational agency of the schoolsite is currently permitted as a public water system and is currently required to test for lead in the potable water system.(3) The local educational agency completed lead testing of the potable water system after January 1, 2009, and posts information about the lead testing on the local educational agencys public Internet Web site, including, at a minimum, identifying any schoolsite where the level of lead in drinking water exceeds 15 parts per billion.(4) The local educational agency has requested testing from its community water system consistent with the requirements of this section.(f) For purposes of this section, the following definitions apply:(1) Local educational agency means a school district, county office of education, or charter school located in a public facility.(2) Potable water system means water fountains and faucets used for drinking or preparing food.(g) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.

116277. (a) (1) A community water system that serves a schoolsite of a local educational agency with a building constructed before January 1, 2010, on that schoolsite shall test for lead in the potable water system of the schoolsite on or before July 1, 2019.(2) The community water system shall report its findings to the schoolsite within 10 business days after the community water system receives the results from the testing laboratory or within two business days if it is found that the schoolsites lead level exceeds 15 parts per billion.(3) If the lead level exceeds 15 parts per billion, the community water system shall also test a water sample from the point in which the schoolsite connects to the community water systems supply network to determine the lead level of the water entering the schoolsite from the community water systems water supply network.(b) (1) A local educational agency shall allow the community water system access to each of the local educational agencys schoolsites that are subject to subdivision (a) to conduct testing.(2) If the lead level exceeds 15 parts per billion, the local educational agency shall notify the parents and guardians of the pupils who attend the schoolsite or preschool where the elevated lead levels are found.(c) (1) If lead levels exceed 15 parts per billion, the local educational agency shall take immediate steps to make inoperable and shut down from use all fountains and faucets where the excess lead levels may exist. Additional testing may be required to determine if all or just some of the schools fountains and faucets are required to be shut down.(2) Each local educational agency shall work with the schoolsites within its service area to ensure that a potable source of drinking water is provided for students at each schoolsite where fountains or faucets have been shut down due to elevated lead levels. Providing a potable source of drinking water may include, but is not limited to, replacing any pipes or fixtures that are contributing to the elevated lead levels, providing onsite water filtration, or providing bottled water as a short-term remedy.(d) Each community water system, in cooperation with the appropriate corresponding local educational agency, shall prepare a sampling plan for each schoolsite where lead sampling is required under subdivision (a). The community water system and the local educational agency may request assistance from the state board or any local health agency responsible for regulating community water systems in developing the plan.(e) This section shall not apply to a schoolsite that is subject to any of the following:(1) The schoolsite was constructed or modernized after January 1, 2010.(2) The local educational agency of the schoolsite is currently permitted as a public water system and is currently required to test for lead in the potable water system.(3) The local educational agency completed lead testing of the potable water system after January 1, 2009, and posts information about the lead testing on the local educational agencys public Internet Web site, including, at a minimum, identifying any schoolsite where the level of lead in drinking water exceeds 15 parts per billion.(4) The local educational agency has requested testing from its community water system consistent with the requirements of this section.(f) For purposes of this section, the following definitions apply:(1) Local educational agency means a school district, county office of education, or charter school located in a public facility.(2) Potable water system means water fountains and faucets used for drinking or preparing food.(g) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.

116277. (a) (1) A community water system that serves a schoolsite of a local educational agency with a building constructed before January 1, 2010, on that schoolsite shall test for lead in the potable water system of the schoolsite on or before July 1, 2019.(2) The community water system shall report its findings to the schoolsite within 10 business days after the community water system receives the results from the testing laboratory or within two business days if it is found that the schoolsites lead level exceeds 15 parts per billion.(3) If the lead level exceeds 15 parts per billion, the community water system shall also test a water sample from the point in which the schoolsite connects to the community water systems supply network to determine the lead level of the water entering the schoolsite from the community water systems water supply network.(b) (1) A local educational agency shall allow the community water system access to each of the local educational agencys schoolsites that are subject to subdivision (a) to conduct testing.(2) If the lead level exceeds 15 parts per billion, the local educational agency shall notify the parents and guardians of the pupils who attend the schoolsite or preschool where the elevated lead levels are found.(c) (1) If lead levels exceed 15 parts per billion, the local educational agency shall take immediate steps to make inoperable and shut down from use all fountains and faucets where the excess lead levels may exist. Additional testing may be required to determine if all or just some of the schools fountains and faucets are required to be shut down.(2) Each local educational agency shall work with the schoolsites within its service area to ensure that a potable source of drinking water is provided for students at each schoolsite where fountains or faucets have been shut down due to elevated lead levels. Providing a potable source of drinking water may include, but is not limited to, replacing any pipes or fixtures that are contributing to the elevated lead levels, providing onsite water filtration, or providing bottled water as a short-term remedy.(d) Each community water system, in cooperation with the appropriate corresponding local educational agency, shall prepare a sampling plan for each schoolsite where lead sampling is required under subdivision (a). The community water system and the local educational agency may request assistance from the state board or any local health agency responsible for regulating community water systems in developing the plan.(e) This section shall not apply to a schoolsite that is subject to any of the following:(1) The schoolsite was constructed or modernized after January 1, 2010.(2) The local educational agency of the schoolsite is currently permitted as a public water system and is currently required to test for lead in the potable water system.(3) The local educational agency completed lead testing of the potable water system after January 1, 2009, and posts information about the lead testing on the local educational agencys public Internet Web site, including, at a minimum, identifying any schoolsite where the level of lead in drinking water exceeds 15 parts per billion.(4) The local educational agency has requested testing from its community water system consistent with the requirements of this section.(f) For purposes of this section, the following definitions apply:(1) Local educational agency means a school district, county office of education, or charter school located in a public facility.(2) Potable water system means water fountains and faucets used for drinking or preparing food.(g) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.



116277. (a) (1) A community water system that serves a schoolsite of a local educational agency with a building constructed before January 1, 2010, on that schoolsite shall test for lead in the potable water system of the schoolsite on or before July 1, 2019.

(2) The community water system shall report its findings to the schoolsite within 10 business days after the community water system receives the results from the testing laboratory or within two business days if it is found that the schoolsites lead level exceeds 15 parts per billion.

(3) If the lead level exceeds 15 parts per billion, the community water system shall also test a water sample from the point in which the schoolsite connects to the community water systems supply network to determine the lead level of the water entering the schoolsite from the community water systems water supply network.

(b) (1) A local educational agency shall allow the community water system access to each of the local educational agencys schoolsites that are subject to subdivision (a) to conduct testing.

(2) If the lead level exceeds 15 parts per billion, the local educational agency shall notify the parents and guardians of the pupils who attend the schoolsite or preschool where the elevated lead levels are found.

(c) (1) If lead levels exceed 15 parts per billion, the local educational agency shall take immediate steps to make inoperable and shut down from use all fountains and faucets where the excess lead levels may exist. Additional testing may be required to determine if all or just some of the schools fountains and faucets are required to be shut down.

(2) Each local educational agency shall work with the schoolsites within its service area to ensure that a potable source of drinking water is provided for students at each schoolsite where fountains or faucets have been shut down due to elevated lead levels. Providing a potable source of drinking water may include, but is not limited to, replacing any pipes or fixtures that are contributing to the elevated lead levels, providing onsite water filtration, or providing bottled water as a short-term remedy.

(d) Each community water system, in cooperation with the appropriate corresponding local educational agency, shall prepare a sampling plan for each schoolsite where lead sampling is required under subdivision (a). The community water system and the local educational agency may request assistance from the state board or any local health agency responsible for regulating community water systems in developing the plan.

(e) This section shall not apply to a schoolsite that is subject to any of the following:

(1) The schoolsite was constructed or modernized after January 1, 2010.

(2) The local educational agency of the schoolsite is currently permitted as a public water system and is currently required to test for lead in the potable water system.

(3) The local educational agency completed lead testing of the potable water system after January 1, 2009, and posts information about the lead testing on the local educational agencys public Internet Web site, including, at a minimum, identifying any schoolsite where the level of lead in drinking water exceeds 15 parts per billion.

(4) The local educational agency has requested testing from its community water system consistent with the requirements of this section.

(f) For purposes of this section, the following definitions apply:

(1) Local educational agency means a school district, county office of education, or charter school located in a public facility.

(2) Potable water system means water fountains and faucets used for drinking or preparing food.

(g) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.





(a)(1)At least once a year, a local educational agency shall test for lead in the potable water system at every schoolsite with a building constructed before January 1, 1993, including preschool locations, within the jurisdiction of the local educational agency.



(2)At least once every three years, a local educational agency shall test for lead in the potable water system at every schoolsite with a building constructed on or after January 1, 1993, including preschool locations, within the jurisdiction of the local educational agency. 



(3)If a test reveals that a schoolsites lead level is greater than the United States Environmental Protection Agencys 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 on lead developed by an agency with expertise on lead, such as the United States Centers for Disease Control and Prevention, the United States Environmental Protection Agency, the State Department of Public Health, the State Water Resources Control Board, or another agency.



(4)A local educational agency shall make inoperable and shut down from use any part of a schoolsites potable water system that has an elevated lead level.



(5)If a test reveals that a schoolsites lead level is greater than 5 parts per billion, every potable water system at the schoolsite shall be tested that year. 



(b)A local educational agency may do the following:



(1)Contract with a third party to conduct testing required by this section.



(2)Seek the assistance of a local health agency, a community water system, or the State Water Resources Control Board to ensure compliance with this section.



(c)A local educational agency shall use the State Water Resources Control Boards protocol for testing water.



(d)For purposes of this section, the following definitions apply:



(1)Local educational agency means a school district, county office of education, or charter school.



(2)Potable water system means the water fountains and faucets used for drinking and preparing food.



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.