CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2638Introduced by Assembly Member Bloom(Coauthors: Assembly Members Levine and Robert Rivas)February 18, 2022 An act to add Chapter 2 (commencing with Section 38040) to Part 23 of Division 3 of Title 2 of the Education Code, relating to school facilities.LEGISLATIVE COUNSEL'S DIGESTAB 2638, as introduced, Bloom. School facilities: drinking water: water bottle filling stations.(1) Existing law requires a school district to provide access to free, fresh drinking water during meal times in school food service areas by July 1, 2011, unless the governing board of a school district adopts a resolution stating that it is unable to comply with this requirement and demonstrating the reasons why it is unable to comply due to fiscal constraints or health and safety concerns.This bill would require a school district or charter school to be equipped with water bottle filling stations. The bill would require water bottle filling stations to be placed as specified, including a minimum of one water bottle filling station per 150 people, and to meet specified requirements, including dispensing safe, appealing, cooled, and filtered drinking water. The bill would require a school district or charter school to allow pupils, teachers, and staff to bring and carry approved water bottles, as specified. The bill would require administrators of a school district or charter school to inform teachers, staff, parents, and pupils of their rights under these provisions and to encourage water consumption through promotional and educational activities and signage, as specified.By imposing new duties on local educational agencies, this bill would impose a state-mandated local program.(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.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. Chapter 2 (commencing with Section 38040) is added to Part 23 of Division 3 of Title 2 of the Education Code, to read: CHAPTER 2. Drinking Water38040. For purposes of this chapter, water bottle filling station means a water dispenser accessible to all people in compliance with the federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) that dispenses clean drinking water directly into a water bottle or other drinking container.38041. (a) A school district or charter school shall be equipped with water bottle filling stations, consistent with the requirements of this section.(b) Water bottle filling stations shall be placed as follows:(1) A minimum of one water bottle filling station per 150 people.(2) A minimum of one water bottle filling station per occupied floor in schools, theaters, auditoriums, dormitories, offices, or public buildings.(3) A minimum of one water bottle filling station located in or near gymnasiums, outdoor recreation spaces, and other high-traffic areas.(4) A minimum of one water bottle filing station in all school food service areas.(c) Water bottle filling stations shall meet all of the following requirements:(1) Dispense safe, appealing, cooled, and filtered drinking water.(2) Are regularly cleaned to maintain sanitary conditions.(3) Are maintained on a regular basis to ensure they function properly.(d) Water bottle filling stations may be integrated into drinking fountains.(e) Schools are encouraged to install touchless bottle filling stations for sanitary reasons.38042. (a) A school district or charter school shall allow pupils, teachers, and staff to bring and carry approved water bottles, which are water bottles that meet all of the following requirements:(1) Are made of a material that is not easily breakable.(2) Have a lid to prevent spills.(3) Are filled exclusively with water.(b) Water bottles may be excluded from libraries, computer labs, science labs, and other places where it is deemed dangerous to have drinking water.38043. (a) Administrators of a school district or charter school shall inform teachers, staff, parents, and pupils about their rights under this chapter, including providing information in pupil and employee handbooks and making the information accessible on the internet website of the school district or charter school.(b) Administrators of a school district or charter school shall encourage water consumption through promotional and educational activities and signage that focus on the benefits of drinking water and highlight water bottle filling stations throughout schools.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2638Introduced by Assembly Member Bloom(Coauthors: Assembly Members Levine and Robert Rivas)February 18, 2022 An act to add Chapter 2 (commencing with Section 38040) to Part 23 of Division 3 of Title 2 of the Education Code, relating to school facilities.LEGISLATIVE COUNSEL'S DIGESTAB 2638, as introduced, Bloom. School facilities: drinking water: water bottle filling stations.(1) Existing law requires a school district to provide access to free, fresh drinking water during meal times in school food service areas by July 1, 2011, unless the governing board of a school district adopts a resolution stating that it is unable to comply with this requirement and demonstrating the reasons why it is unable to comply due to fiscal constraints or health and safety concerns.This bill would require a school district or charter school to be equipped with water bottle filling stations. The bill would require water bottle filling stations to be placed as specified, including a minimum of one water bottle filling station per 150 people, and to meet specified requirements, including dispensing safe, appealing, cooled, and filtered drinking water. The bill would require a school district or charter school to allow pupils, teachers, and staff to bring and carry approved water bottles, as specified. The bill would require administrators of a school district or charter school to inform teachers, staff, parents, and pupils of their rights under these provisions and to encourage water consumption through promotional and educational activities and signage, as specified.By imposing new duties on local educational agencies, this bill would impose a state-mandated local program.(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2638
Introduced by Assembly Member Bloom(Coauthors: Assembly Members Levine and Robert Rivas)February 18, 2022
Introduced by Assembly Member Bloom(Coauthors: Assembly Members Levine and Robert Rivas)
February 18, 2022
An act to add Chapter 2 (commencing with Section 38040) to Part 23 of Division 3 of Title 2 of the Education Code, relating to school facilities.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2638, as introduced, Bloom. School facilities: drinking water: water bottle filling stations.
(1) Existing law requires a school district to provide access to free, fresh drinking water during meal times in school food service areas by July 1, 2011, unless the governing board of a school district adopts a resolution stating that it is unable to comply with this requirement and demonstrating the reasons why it is unable to comply due to fiscal constraints or health and safety concerns.This bill would require a school district or charter school to be equipped with water bottle filling stations. The bill would require water bottle filling stations to be placed as specified, including a minimum of one water bottle filling station per 150 people, and to meet specified requirements, including dispensing safe, appealing, cooled, and filtered drinking water. The bill would require a school district or charter school to allow pupils, teachers, and staff to bring and carry approved water bottles, as specified. The bill would require administrators of a school district or charter school to inform teachers, staff, parents, and pupils of their rights under these provisions and to encourage water consumption through promotional and educational activities and signage, as specified.By imposing new duties on local educational agencies, this bill would impose a state-mandated local program.(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) Existing law requires a school district to provide access to free, fresh drinking water during meal times in school food service areas by July 1, 2011, unless the governing board of a school district adopts a resolution stating that it is unable to comply with this requirement and demonstrating the reasons why it is unable to comply due to fiscal constraints or health and safety concerns.
This bill would require a school district or charter school to be equipped with water bottle filling stations. The bill would require water bottle filling stations to be placed as specified, including a minimum of one water bottle filling station per 150 people, and to meet specified requirements, including dispensing safe, appealing, cooled, and filtered drinking water. The bill would require a school district or charter school to allow pupils, teachers, and staff to bring and carry approved water bottles, as specified. The bill would require administrators of a school district or charter school to inform teachers, staff, parents, and pupils of their rights under these provisions and to encourage water consumption through promotional and educational activities and signage, as specified.
By imposing new duties on local educational agencies, this bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Chapter 2 (commencing with Section 38040) is added to Part 23 of Division 3 of Title 2 of the Education Code, to read: CHAPTER 2. Drinking Water38040. For purposes of this chapter, water bottle filling station means a water dispenser accessible to all people in compliance with the federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) that dispenses clean drinking water directly into a water bottle or other drinking container.38041. (a) A school district or charter school shall be equipped with water bottle filling stations, consistent with the requirements of this section.(b) Water bottle filling stations shall be placed as follows:(1) A minimum of one water bottle filling station per 150 people.(2) A minimum of one water bottle filling station per occupied floor in schools, theaters, auditoriums, dormitories, offices, or public buildings.(3) A minimum of one water bottle filling station located in or near gymnasiums, outdoor recreation spaces, and other high-traffic areas.(4) A minimum of one water bottle filing station in all school food service areas.(c) Water bottle filling stations shall meet all of the following requirements:(1) Dispense safe, appealing, cooled, and filtered drinking water.(2) Are regularly cleaned to maintain sanitary conditions.(3) Are maintained on a regular basis to ensure they function properly.(d) Water bottle filling stations may be integrated into drinking fountains.(e) Schools are encouraged to install touchless bottle filling stations for sanitary reasons.38042. (a) A school district or charter school shall allow pupils, teachers, and staff to bring and carry approved water bottles, which are water bottles that meet all of the following requirements:(1) Are made of a material that is not easily breakable.(2) Have a lid to prevent spills.(3) Are filled exclusively with water.(b) Water bottles may be excluded from libraries, computer labs, science labs, and other places where it is deemed dangerous to have drinking water.38043. (a) Administrators of a school district or charter school shall inform teachers, staff, parents, and pupils about their rights under this chapter, including providing information in pupil and employee handbooks and making the information accessible on the internet website of the school district or charter school.(b) Administrators of a school district or charter school shall encourage water consumption through promotional and educational activities and signage that focus on the benefits of drinking water and highlight water bottle filling stations throughout schools.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Chapter 2 (commencing with Section 38040) is added to Part 23 of Division 3 of Title 2 of the Education Code, to read: CHAPTER 2. Drinking Water38040. For purposes of this chapter, water bottle filling station means a water dispenser accessible to all people in compliance with the federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) that dispenses clean drinking water directly into a water bottle or other drinking container.38041. (a) A school district or charter school shall be equipped with water bottle filling stations, consistent with the requirements of this section.(b) Water bottle filling stations shall be placed as follows:(1) A minimum of one water bottle filling station per 150 people.(2) A minimum of one water bottle filling station per occupied floor in schools, theaters, auditoriums, dormitories, offices, or public buildings.(3) A minimum of one water bottle filling station located in or near gymnasiums, outdoor recreation spaces, and other high-traffic areas.(4) A minimum of one water bottle filing station in all school food service areas.(c) Water bottle filling stations shall meet all of the following requirements:(1) Dispense safe, appealing, cooled, and filtered drinking water.(2) Are regularly cleaned to maintain sanitary conditions.(3) Are maintained on a regular basis to ensure they function properly.(d) Water bottle filling stations may be integrated into drinking fountains.(e) Schools are encouraged to install touchless bottle filling stations for sanitary reasons.38042. (a) A school district or charter school shall allow pupils, teachers, and staff to bring and carry approved water bottles, which are water bottles that meet all of the following requirements:(1) Are made of a material that is not easily breakable.(2) Have a lid to prevent spills.(3) Are filled exclusively with water.(b) Water bottles may be excluded from libraries, computer labs, science labs, and other places where it is deemed dangerous to have drinking water.38043. (a) Administrators of a school district or charter school shall inform teachers, staff, parents, and pupils about their rights under this chapter, including providing information in pupil and employee handbooks and making the information accessible on the internet website of the school district or charter school.(b) Administrators of a school district or charter school shall encourage water consumption through promotional and educational activities and signage that focus on the benefits of drinking water and highlight water bottle filling stations throughout schools.
SECTION 1. Chapter 2 (commencing with Section 38040) is added to Part 23 of Division 3 of Title 2 of the Education Code, to read:
### SECTION 1.
CHAPTER 2. Drinking Water38040. For purposes of this chapter, water bottle filling station means a water dispenser accessible to all people in compliance with the federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) that dispenses clean drinking water directly into a water bottle or other drinking container.38041. (a) A school district or charter school shall be equipped with water bottle filling stations, consistent with the requirements of this section.(b) Water bottle filling stations shall be placed as follows:(1) A minimum of one water bottle filling station per 150 people.(2) A minimum of one water bottle filling station per occupied floor in schools, theaters, auditoriums, dormitories, offices, or public buildings.(3) A minimum of one water bottle filling station located in or near gymnasiums, outdoor recreation spaces, and other high-traffic areas.(4) A minimum of one water bottle filing station in all school food service areas.(c) Water bottle filling stations shall meet all of the following requirements:(1) Dispense safe, appealing, cooled, and filtered drinking water.(2) Are regularly cleaned to maintain sanitary conditions.(3) Are maintained on a regular basis to ensure they function properly.(d) Water bottle filling stations may be integrated into drinking fountains.(e) Schools are encouraged to install touchless bottle filling stations for sanitary reasons.38042. (a) A school district or charter school shall allow pupils, teachers, and staff to bring and carry approved water bottles, which are water bottles that meet all of the following requirements:(1) Are made of a material that is not easily breakable.(2) Have a lid to prevent spills.(3) Are filled exclusively with water.(b) Water bottles may be excluded from libraries, computer labs, science labs, and other places where it is deemed dangerous to have drinking water.38043. (a) Administrators of a school district or charter school shall inform teachers, staff, parents, and pupils about their rights under this chapter, including providing information in pupil and employee handbooks and making the information accessible on the internet website of the school district or charter school.(b) Administrators of a school district or charter school shall encourage water consumption through promotional and educational activities and signage that focus on the benefits of drinking water and highlight water bottle filling stations throughout schools.
CHAPTER 2. Drinking Water38040. For purposes of this chapter, water bottle filling station means a water dispenser accessible to all people in compliance with the federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) that dispenses clean drinking water directly into a water bottle or other drinking container.38041. (a) A school district or charter school shall be equipped with water bottle filling stations, consistent with the requirements of this section.(b) Water bottle filling stations shall be placed as follows:(1) A minimum of one water bottle filling station per 150 people.(2) A minimum of one water bottle filling station per occupied floor in schools, theaters, auditoriums, dormitories, offices, or public buildings.(3) A minimum of one water bottle filling station located in or near gymnasiums, outdoor recreation spaces, and other high-traffic areas.(4) A minimum of one water bottle filing station in all school food service areas.(c) Water bottle filling stations shall meet all of the following requirements:(1) Dispense safe, appealing, cooled, and filtered drinking water.(2) Are regularly cleaned to maintain sanitary conditions.(3) Are maintained on a regular basis to ensure they function properly.(d) Water bottle filling stations may be integrated into drinking fountains.(e) Schools are encouraged to install touchless bottle filling stations for sanitary reasons.38042. (a) A school district or charter school shall allow pupils, teachers, and staff to bring and carry approved water bottles, which are water bottles that meet all of the following requirements:(1) Are made of a material that is not easily breakable.(2) Have a lid to prevent spills.(3) Are filled exclusively with water.(b) Water bottles may be excluded from libraries, computer labs, science labs, and other places where it is deemed dangerous to have drinking water.38043. (a) Administrators of a school district or charter school shall inform teachers, staff, parents, and pupils about their rights under this chapter, including providing information in pupil and employee handbooks and making the information accessible on the internet website of the school district or charter school.(b) Administrators of a school district or charter school shall encourage water consumption through promotional and educational activities and signage that focus on the benefits of drinking water and highlight water bottle filling stations throughout schools.
CHAPTER 2. Drinking Water
CHAPTER 2. Drinking Water
38040. For purposes of this chapter, water bottle filling station means a water dispenser accessible to all people in compliance with the federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) that dispenses clean drinking water directly into a water bottle or other drinking container.
38040. For purposes of this chapter, water bottle filling station means a water dispenser accessible to all people in compliance with the federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) that dispenses clean drinking water directly into a water bottle or other drinking container.
38041. (a) A school district or charter school shall be equipped with water bottle filling stations, consistent with the requirements of this section.(b) Water bottle filling stations shall be placed as follows:(1) A minimum of one water bottle filling station per 150 people.(2) A minimum of one water bottle filling station per occupied floor in schools, theaters, auditoriums, dormitories, offices, or public buildings.(3) A minimum of one water bottle filling station located in or near gymnasiums, outdoor recreation spaces, and other high-traffic areas.(4) A minimum of one water bottle filing station in all school food service areas.(c) Water bottle filling stations shall meet all of the following requirements:(1) Dispense safe, appealing, cooled, and filtered drinking water.(2) Are regularly cleaned to maintain sanitary conditions.(3) Are maintained on a regular basis to ensure they function properly.(d) Water bottle filling stations may be integrated into drinking fountains.(e) Schools are encouraged to install touchless bottle filling stations for sanitary reasons.
38041. (a) A school district or charter school shall be equipped with water bottle filling stations, consistent with the requirements of this section.
(b) Water bottle filling stations shall be placed as follows:
(1) A minimum of one water bottle filling station per 150 people.
(2) A minimum of one water bottle filling station per occupied floor in schools, theaters, auditoriums, dormitories, offices, or public buildings.
(3) A minimum of one water bottle filling station located in or near gymnasiums, outdoor recreation spaces, and other high-traffic areas.
(4) A minimum of one water bottle filing station in all school food service areas.
(c) Water bottle filling stations shall meet all of the following requirements:
(1) Dispense safe, appealing, cooled, and filtered drinking water.
(2) Are regularly cleaned to maintain sanitary conditions.
(3) Are maintained on a regular basis to ensure they function properly.
(d) Water bottle filling stations may be integrated into drinking fountains.
(e) Schools are encouraged to install touchless bottle filling stations for sanitary reasons.
38042. (a) A school district or charter school shall allow pupils, teachers, and staff to bring and carry approved water bottles, which are water bottles that meet all of the following requirements:(1) Are made of a material that is not easily breakable.(2) Have a lid to prevent spills.(3) Are filled exclusively with water.(b) Water bottles may be excluded from libraries, computer labs, science labs, and other places where it is deemed dangerous to have drinking water.
38042. (a) A school district or charter school shall allow pupils, teachers, and staff to bring and carry approved water bottles, which are water bottles that meet all of the following requirements:
(1) Are made of a material that is not easily breakable.
(2) Have a lid to prevent spills.
(3) Are filled exclusively with water.
(b) Water bottles may be excluded from libraries, computer labs, science labs, and other places where it is deemed dangerous to have drinking water.
38043. (a) Administrators of a school district or charter school shall inform teachers, staff, parents, and pupils about their rights under this chapter, including providing information in pupil and employee handbooks and making the information accessible on the internet website of the school district or charter school.(b) Administrators of a school district or charter school shall encourage water consumption through promotional and educational activities and signage that focus on the benefits of drinking water and highlight water bottle filling stations throughout schools.
38043. (a) Administrators of a school district or charter school shall inform teachers, staff, parents, and pupils about their rights under this chapter, including providing information in pupil and employee handbooks and making the information accessible on the internet website of the school district or charter school.
(b) Administrators of a school district or charter school shall encourage water consumption through promotional and educational activities and signage that focus on the benefits of drinking water and highlight water bottle filling stations throughout schools.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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.