California 2023-2024 Regular Session

California Assembly Bill AB1851 Compare Versions

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1-Amended IN Senate June 03, 2024 Amended IN Assembly April 08, 2024 Amended IN Assembly March 12, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1851Introduced by Assembly Member HoldenJanuary 17, 2024An act to add Article 4.5 (commencing with Section 32247) to Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code, relating to drinking water.LEGISLATIVE COUNSEL'S DIGESTAB 1851, as amended, Holden. Drinking water: schoolsites: lead testing pilot program.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. The act requires the state board law establishes the office of the Superintendent of Public Instruction, who serves as the director of the State Department of Education and has numerous other duties, including superintending the schools of the state. Existing law requires the State Water Resources Control Board to establish a grant program, in consultation with the State Department of Education, department, 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 daycare facilities located on public school property.This bill would require the Superintendent of Public Instruction, if an appropriation is made for this purpose, Instruction to establish a pilot program to test for and remediate lead contamination in drinking water at participating local educational agency facilities with plumbing that was installed before January 1, 2010. The bill would require the Superintendent to select no fewer than 6 and no more than 10 local educational agencies for participation in the pilot program and, if a selected local educational agency consents to participate in the pilot program, the bill would require the Superintendent to provide grants to the participating local educational agencies for testing and remediating drinking water lead levels at eligible facilities. If sampling results show lead levels in excess of 5 parts per billion for in water at any potable water system outlet, the bill would require a participating local educational agency to notify the parents and guardians of pupils who attend the school of the elevated lead levels, as provided, to take immediate steps to shut down all potable water use at potable water system outlets where excess lead levels may exist, and to ensure that a lead-free source of drinking water is provided for pupils at each potable water system outlet that has been shut down.The bill would require a public institution of higher education selected by the Superintendent to provide technical assistance to participating local educational agencies on the requirements of the pilot program, as provided. The bill would require participating local educational agencies to report specified information about the pilot program to the technical assistance provider on or before January 1, 2028. The bill would require the technical assistance provider to provide the Superintendent with a report containing a completed analysis of the pilot programs results on or before July 1, 2028. The bill would require the Superintendent to provide the report to the Department of Finance and the relevant policy and fiscal committees of the Legislature on or before July 15, 2028, and would require the Superintendent to make the report publicly available on the State Department of Educations internet website.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) The federal Centers for Disease Control and Prevention states that there is no safe level of lead in children.(2) The State Department of Public Health reports that lead exposure at very low levels can cause learning, behavioral, and attention difficulties in children, and nervous system and organ damage. Exposure to high levels of lead can be fatal.(3) No effective treatments ameliorate the long-lasting developmental effects of lead toxicity, and it is believed that these effects are permanent.(4) As of December 2023, the United States Environmental Protection Agency estimated that as much as 20 percent of a childs lead exposure comes from lead in drinking water, when water lead levels are five parts per billion. Drinking water can be an even larger source of lead exposure for infants who consume mostly water-based formula.(5) The United States Environmental Protection Agencys maximum contaminant level goal, the value the agency deems acceptable for health, is zero for lead in water.(6) In 2016, the American Academy of Pediatrics recommended that state and local governments take steps to ensure that water fountains in schools do not exceed water lead concentrations of one part per billion.(7) Recent drinking water testing at over 6,500 California childcare centers found high levels of lead in one in four childcare centers drinking water. Many childcare centers lead levels were 10 to 1,000 times the allowable amount. One childcare centers water contained 11,500 parts per billion of lead, which is 2,200 times the allowable amount.(8) The federal Lead and Copper Rule Improvements proposed rule would require only voluntary, limited testing of the drinking water in schools and childcare facilities, and would not require any remediation of elevated lead levels in those facilities. Instead, states are tasked with ensuring that the drinking water in schools and childcare facilities is safe. The pilot program developed by this act will provide the state needed data and analysis to take informed action to protect children.(9) California has received federal funding pursuant to the federal Coronavirus State and Local Fiscal Recovery Funds program and according to federal regulations applicable to that program, these funds must be used proactively on new and eligible projects, which explicitly include lead testing and remediation in schools.(b) It is therefore the goal of the state to ensure that water served to or consumed by children while they attend school or are cared for in licensed childcare facilities contains no more than zero parts per billion of lead.SEC. 2. Article 4.5 (commencing with Section 32247) is added to Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code, to read: Article 4.5. Schoolsite Lead Testing32247. For the purposes of this article, the following definitions apply:(a) Eligible facility means a facility that is on a schoolsite and that has plumbing that was installed before January 1, 2010.(b) Local educational agency means a school district, county office of education, or charter school.(c) Participating local educational agency means a local educational agency that has been selected by the Superintendent to participate in the pilot program and has consented to participation pursuant to Section 32247.5.(d) Pilot program means the program established in this article.(e) Potable water system outlet means all cold water outlets, including single-handle faucets that dispense both hot and cold water, which are reasonably expected to be used for drinking and food preparation as depicted in Module 4 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual.(f) Technical assistance provider means a public institution of higher education selected by the Superintendent that provides technical assistance to participating local educational agencies for purposes of the pilot program.32247.5. (a) The Superintendent shall establish a pilot program to accomplish both of the following:(1) Test for and remediate lead contamination in drinking water at eligible facilities of participating local educational agencies.(2) Inform recommendations, developed pursuant to Section 32248, for addressing lead contamination in drinking water in local educational agencies across the state.(b) The Superintendent shall select no fewer than 6 and no more than 10 local educational agencies of varying enrollment sizes and notify those local educational agencies of their selection by July 1, 2025. In selecting local educational agencies, the Superintendent shall give priority to the following:(1) Local educational agencies with at least one school that serves pupils in transitional kindergarten, kindergarten, and grades 1 to 3, inclusive, where at least 75 percent of the pupils enrolled in the school are eligible for free and reduced-priced meals, as defined in Section 42238.01.(2) Local educational agencies with schools that are located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.(c) (1) A local educational agency shall not be required to participate in the pilot program.(2) A local educational agency choosing to participate in the pilot program shall provide the following to the Superintendent within 90 days of the Superintendents decision and notification pursuant to subdivision (b):(A) Written consent.(B) Information deemed necessary by the Superintendent to confirm that the local educational agency has at least one eligible facility and to calculate the amount of grant funding to be issued to the local educational agency pursuant to subdivision (d).(d) (1) The Superintendent shall provide grants to participating local educational agencies for testing drinking water lead levels, remediating lead in drinking water at eligible facilities, and contracting with the technical assistance provider.(2) (A) For purposes of providing grants to participating local educational agencies pursuant to paragraph (1), the Superintendent shall provide grant funding to each participating local educational agency according to the enrollment from the most recent year available at the schoolsites with the eligible facilities.(B) Any unspent funds after July 1, 2027, shall be returned to the Superintendent and disbursed by the Superintendent to other grantees in need of additional funding for testing or remediation. A local educational agency that receives additional redistributed funds after July 1, 2027, may use those funds for testing or remediation until December 31, 2027.(3) Administrative and managerial contracts entered into under this section are exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and the Superintendent may award those contracts on a noncompetitive bid basis as necessary to implement the purposes of this article.(e) The technical assistance provider shall advise participating local educational agencies on the drinking water lead level sampling, remediation, and notification requirements specified in subdivisions (f) and (g).(f) Participating local educational agencies shall ensure that drinking water sampling pursuant to this article meets all of the following requirements:(1) Sampling for lead in drinking water shall be conducted at all potable water system outlets of an eligible facility.(2) Sampling shall be conducted in accordance with Modules 4 and 5 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual, or subsequent United States Environmental Protection Agency guidance as identified by the State Water Resources Control Board. Flushing shall not be used to collect a first draw sample.(3) A laboratory that evaluates a water sample for purposes of this section shall have current accreditation pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code.(g) (1) If sampling results show lead levels in excess of five parts per billion for in water at any potable water system outlet, the participating local educational agency shall do all of the following:(A) (i) Notify the parents and guardians of the pupils who attend the school where the elevated lead levels are found no later than 30 schooldays after receiving the test results during the school year, or otherwise within 60 days after receiving the sampling results, and provide information developed by the State Department of Public Health on the impact of elevated lead levels on children.(ii) The participating local educational agency may include a description of a remediation plan as part of the notice provided pursuant to clause (i).(B) Take immediate steps to make inoperable and shut down from use all potable water use at potable water system outlets where the excess lead levels may exist.(C) (i) Ensure that a lead-free source of drinking water is provided for pupils at each potable water system outlet that has been shut down due to elevated lead levels.(ii) For purposes of clause (i), providing a lead-free source of drinking water may include, but is not limited to, replacing any fixtures that may be contributing to the elevated lead levels, potable water system outlets, providing onsite water filtration, or providing bottled water.(D) Retest water at potable water system outlets where replacement was used to remediate excess levels of lead, to determine if replacement the remediation successfully reduced lead levels to below five parts per billion.(E) Conduct additional sampling of water at potable water system outlets as recommended by the technical assistance provider to investigate the source of lead contamination, and consult with the technical assistance provider to identify additional remediation options, if results from the sampling required under subparagraph (D) continue to show lead levels in excess of five parts per billion.(2) A potable water system outlet shall not be used to provide potable water until test results show lead levels below five parts per billion.(3) In meeting the requirements of this subdivision, the participating local educational agency shall select the remediation method, except that a participating local educational agency shall not attempt to remediate excess levels of lead by flushing the water in through a potable water system outlet.(4) If onsite water filtration is used to meet the requirements of this subdivision, the onsite water filtration device shall be certified by an independent American National Standards Institute (ANSI) accredited third-party certification body to NSF/ANSI 53 for lead reduction and NSF/ANSI 42 for particulate reduction (Class 1).(5) In meeting the requirements of this subdivision, a fixture shall meet the requirements of Sections 116875 and 116876 of the Health and Safety Code.32248. (a) On or before September 1, 2027, the technical assistance provider shall make testing results received from participating local educational agencies to date available upon request.(b) On or before January 1, 2028, participating local educational agencies shall report to the technical assistance provider, and the technical assistance provider shall report to the Superintendent, the following information in a standard electronic format:(1) The name of the participating local educational agency.(2) The name of the school where sampling was conducted pursuant to this article.(3) The school address.(4) The identification number for the potable water system outlet.(5) The date sampling was conducted.(6) The amount of lead contained in the sample, in parts per billion.(7) A description of any remediation action taken, reported as any of the following categories:(A)Faucet replaced.(A) Replacement of potable water system outlets.(B) Filter Filtration device installed.(C) Faucet Potable water system outlet decommissioned.(D) Replaced faucet potable water system outlet failed to reduce lead levels to less than five parts per billion.(E) Alternative Bottled water or other alternative source of water provided.(F) Other, including alternative remediation actions in which a replaced faucet potable water system outlet has failed to reduce lead levels to less than five parts per billion.(c) On or before July 1, 2028, the technical assistance provider shall provide the Superintendent with a report containing a completed analysis of the pilot programs results. The analysis shall analyze the pilot programs sampling results, and the sampling, remediation, and notification methods employed during the pilot program. The analysis shall also do all of the following:(1) Provide a better understanding of the level and sources of lead contamination in drinking water in Californias public schools. A full description of the information provided to the technical assistance provider pursuant to subdivision (b) shall be provided, as well as the number and location of schools that found water at a potable water system outlet with lead levels exceeding five parts per billion.(2) Provide recommendations on all of the following:(A) The most health-protective and cost-effective sampling and remediation strategies for addressing drinking water lead contamination in schools, and reducing lead levels in drinking water in at all potable water system outlets in schools to as close to zero lead as possible, but no more than five parts per billion.(B) Strategies for protecting the health of all pupils, especially pupils attending schools in which at least 75 percent of the pupils enrolled are eligible for free and reduced-priced meals, and schools located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.(C) Addressing the needs, implementation, and capacity challenges of local educational agencies of varying enrollment sizes, and of varying geographic locations.(D) Promoting effective communication between local educational agencies and parents, caregivers, and the public on drinking water lead level concerns, and supporting the ability of local educational agencies to engage in effective collaboration with partners to accomplish drinking water lead sampling and remediation.(3) Compare the cost effectiveness, cost-effectiveness, feasibility, and potential challenges and health benefits of implementing the short-term and permanent control measures specified in Module 6 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual on school campuses.(d) On or before July 15, 2028, the Superintendent shall provide the report developed pursuant to subdivision (c) to the Department of Finance and the relevant policy and fiscal committees of the Legislature, consistent with Section 9795 of the Government Code. The Superintendent shall make the report and the information provided to the technical assistance provider pursuant to subdivision (b) publicly available on the departments internet website.32248.5.This article shall be implemented only upon the enactment of an appropriation in the annual Budget Act or another statute for these purposes.32248.5. To the extent available, moneys deposited in the Federal Trust Fund, which were received under the federal State and Local Fiscal Recovery Fund program and are available for expenditure on water infrastructure projects, shall be used for purposes of this article.
1+Amended IN Assembly April 08, 2024 Amended IN Assembly March 12, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1851Introduced by Assembly Member HoldenJanuary 17, 2024An act to add Article 4.5 (commencing with Section 32247) of to Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code, relating to drinking water.LEGISLATIVE COUNSEL'S DIGESTAB 1851, as amended, Holden. Drinking water: schoolsites: lead testing pilot program.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. 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 daycare facilities located on public school property.This bill would require the Superintendent of Public Instruction, if an appropriation is made for this purpose, to establish a pilot program to test for and remediate lead contamination in drinking water at participating local educational agency facilities with plumbing that was installed before January 1, 2010. The bill would require the Superintendent to select no fewer than 6 and no more than 10 local educational agencies for participation in the pilot program and, if a selected local educational agency consents to participate in the pilot program, the bill would require the Superintendent to provide grants to the participating local educational agencies for testing and remediating drinking water lead levels at eligible facilities. If sampling results show lead levels in excess of 5 parts per billion for any potable water system outlet, the bill would require a participating local educational agency to notify the parents and guardians of pupils who attend the school of the elevated lead levels, as provided, to take immediate steps to shut down all potable water system outlets where excess lead levels may exist, and to ensure that a lead-free source of drinking water is provided for pupils at each potable water system outlet that has been shut down.The bill would require a public institution of higher education selected by the Superintendent to provide technical assistance to participating local educational agencies on the requirements of the pilot program. program, as provided. The bill would require participating local educational agencies to report specified information about the pilot program to the technical assistance provider on or before January 1, 2028. The bill would require the technical assistance provider to provide the Superintendent with a report containing a completed analysis of the pilot programs results on or before July 1, 2028. The bill would require the Superintendent to provide the report to the Department of Finance and the relevant policy and fiscal committees of the Legislature on or before July 15, 2028, and would require the Superintendent to make the report publicly available on the State Department of Educations internet website.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) The federal Centers for Disease Control and Prevention states that there is no safe level of lead in children.(2) The State Department of Public Health reports that lead exposure at very low levels can cause learning, behavioral, and attention difficulties in children, and nervous system and organ damage. Exposure to high levels of lead can be fatal.(3) No effective treatments ameliorate the long-lasting developmental effects of lead toxicity, and it is believed that these effects are permanent.(4) As of December 2023, the United States Environmental Protection Agency estimated that as much as 20 percent of a childs lead exposure comes from lead in drinking water, when water lead levels are five parts per billion. Drinking water can be an even larger source of lead exposure for infants who consume mostly water-based formula.(5) The United States Environmental Protection Agencys maximum contaminant level goal, the value the agency deems acceptable for health, is zero for lead in water.(6) In 2016, the American Academy of Pediatrics recommended that state and local governments take steps to ensure that water fountains in schools do not exceed water lead concentrations of one part per billion.(7) Recent drinking water testing at over 6,500 California childcare centers found high levels of lead in one in four childcare centers drinking water. Many childcare centers lead levels were 10 to 1,000 times the allowable amount. One childcare centers water contained 11,500 parts per billion of lead, which is 2,200 times the allowable amount.(8) The federal Lead and Copper Rule Improvements proposed rule would require only voluntary, limited testing of the drinking water in schools and childcare facilities, and would not require any remediation of elevated lead levels in those facilities. Instead, states are tasked with ensuring that the drinking water in schools and childcare facilities is safe. The pilot program developed by this act will provide the state needed data and analysis to take informed action to protect children.(b) It is therefore the goal of the state to ensure that water served to or consumed by children while they attend school or are cared for in licensed childcare facilities contains no more than zero parts per billion of lead.SEC. 2. Article 4.5 (commencing with Section 32247) is added to Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code, to read: Article 4.5. Schoolsite Lead Testing32247. For the purposes of this article, the following definitions apply:(a) Eligible facility means a facility that is on a schoolsite and that has plumbing that was installed before January 1, 2010.(b) Local educational agency means a school district, county office of education, or charter school.(c) Participating local educational agency means a local educational agency that has been selected by the Superintendent to participate in the pilot program and has consented to participation pursuant to Section 32247.5.(d) Pilot program means the program established in this article.(e) Potable water system outlet means all cold water outlets, including single-handle faucets that dispense both hot and cold water, which are reasonably expected to be used for drinking and food preparation as depicted in Module 4 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual.(f) Technical assistance provider means a public institution of higher education selected by the Superintendent that provides technical assistance to participating local educational agencies for purposes of the pilot program.32247.5. (a) The Superintendent shall establish a pilot program to accomplish both of the following:(1) Test for and remediate lead contamination in drinking water at eligible facilities of participating local educational agencies.(2) Inform recommendations, developed pursuant to Section 32248, for addressing lead contamination in drinking water in local educational agencies across the state.(b) The Superintendent shall select no fewer than 6 and no more than 10 local educational agencies of varying enrollment sizes and notify those local educational agencies of their selection by December July 1, 2025. In selecting local educational agencies, the Superintendent shall give priority to the following:(1) Local educational agencies with at least one school that serves pupils in transitional kindergarten, kindergarten, and grades 1 to 3, inclusive, where at least 75 percent of the pupils enrolled in the school are eligible for free and reduced-priced meals, as defined in Section 42238.01.(2) Local educational agencies with schools that are located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.(c) (1) A local educational agency shall not be required to participate in the pilot program.(2) A local educational agency choosing to participate in the pilot program shall provide the following to the Superintendent within 90 days of the Superintendents decision and notification pursuant to subdivision (b):(A) Written consent.(B) Information deemed necessary by the Superintendent to confirm that the local educational agency has at least one eligible facility and to calculate the amount of grant funding to be issued to the local educational agency pursuant to subdivision (d).(d) (1) The Superintendent shall provide grants to participating local educational agencies for testing drinking water lead levels, remediating lead in drinking water at eligible facilities, and contracting with the technical assistance provider.(2) (A) For purposes of providing grants to participating local educational agencies pursuant to paragraph (1), the Superintendent shall provide grant funding to each participating local educational agency according to the enrollment from the most recent year available at the schoolsites with the eligible facilities.(B) Any unspent funds after July 1, 2027, shall be returned to the Superintendent and disbursed by the Superintendent to other grantees in need of additional funding for testing or remediation. A local educational agency that receives additional redistributed funds after July 1, 2027, may use those funds for testing or remediation until December 31, 2027.(3) Administrative and managerial contracts entered into under this section are exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and the Superintendent may award those contracts on a noncompetitive bid basis as necessary to implement the purposes of this article.(e) The technical assistance provider shall advise participating local educational agencies on the drinking water lead level sampling, remediation, and notification requirements specified in subdivisions (f) and (g).(f) Participating local educational agencies shall ensure that drinking water sampling pursuant to this article meets all of the following requirements:(1) Sampling for lead in drinking water shall be conducted at all potable water system outlets of an eligible facility.(2) Sampling shall be conducted in accordance with Modules 4 and 5 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual, or subsequent United States Environmental Protection Agency guidance as identified by the State Water Resources Control Board. Flushing shall not be used to collect a first draw sample.(3) A laboratory that evaluates a water sample for purposes of this section shall have current accreditation pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code.(g) (1) If sampling results show lead levels in excess of five parts per billion for any potable water system outlet, the participating local educational agency shall do all of the following:(A) (i) Notify the parents and guardians of the pupils who attend the school where the elevated lead levels are found no later than 30 schooldays after receiving the test results during the school year, or otherwise within 60 days after receiving the sampling results, and provide information developed by the State Department of Public Health on the impact of elevated lead levels on children.(ii) The participating local educational agency may include a description of a remediation plan as part of the notice provided pursuant to clause (i).(B) Take immediate steps to make inoperable and shut down from use all potable water system outlets where the excess lead levels may exist.(C) (i) Ensure that a lead-free source of drinking water is provided for pupils at each potable water system outlet that has been shut down due to elevated lead levels.(ii) For purposes of clause (i), providing a lead-free source of drinking water may include, but is not limited to, replacing any fixtures that may be contributing to the elevated lead levels, providing onsite water filtration, or providing bottled water.(D) Retest potable water system outlets where replacement was used to remediate excess levels of lead, to determine if replacement successfully reduced lead levels to below five parts per billion.(E) Conduct additional sampling of potable water system outlets as recommended by the technical assistance provider to investigate the source of lead contamination, and consult with the technical assistance provider to identify additional remediation options, if results from the sampling required under subparagraph (D) continue to show lead levels in excess of five parts per billion.(2) A potable water system outlet shall not be used to provide potable water until test results show lead levels below five parts per billion.(3) In meeting the requirements of this subdivision, the participating local educational agency shall select the remediation method, except that a participating local educational agency shall not attempt to remediate excess levels of lead by flushing the water in a potable water system outlet.32248. (a) On or before September 1, 2027, the technical assistance provider shall make testing results received from participating local educational agencies to date available upon request.(b) On or before January 1, 2028, participating local educational agencies shall report to the technical assistance provider, and the technical assistance provider shall report to the Superintendent, the following information in a standard electronic format:(1) The name of the participating local educational agency.(2) The name of the school where sampling was conducted pursuant to this article.(3) The school address.(4) The identification number for the potable water system outlet.(5) The date sampling was conduced. conducted.(6) The amount of lead contained in the sample, in parts per billion.(7) A description of any remediation action taken, reported as any of the following categories:(A) Faucet replaced.(B) Filter installed.(C) Faucet decommissioned.(D) Replaced faucet failed to reduce lead levels to less than five parts per billion.(E) Alternative source of water provided.(F) Other, including alternative remediation actions in which a replaced faucet has failed to reduce lead levels to less than five parts per billion.(b)(c) On or before July 1, 2028, the technical assistance provider shall provide the Superintendent with a report containing a completed analysis of the pilot programs results. The analysis shall analyze the pilot programs sampling results, and the sampling, remediation, and notification methods employed during the pilot program. The analysis shall also do all of the following:(1) Provide a better understanding of the level and sources of lead contamination in drinking water in Californias public schools. A full description of the information provided to the technical assistance provider pursuant to subdivision (a) (b) shall be provided, as well as the number and location of schools that found a potable water system outlet with lead levels exceeding five parts per billion.(2) Provide recommendations on all of the following:(A) The most health-protective and cost-effective sampling and remediation strategies for addressing drinking water lead contamination in schools, and reducing lead levels in drinking water in all potable water system outlets in schools to as close to zero lead as possible, but no more than five parts per billion.(B) Strategies for protecting the health of all pupils, especially pupils attending schools in which at least 75 percent of the pupils enrolled are eligible for free and reduced-priced meals, and schools located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.(C) Addressing the needs, implementation, and capacity challenges of local educational agencies of varying enrollment sizes, and of varying geographic locations.(D) Promoting effective communication between local educational agencies and parents, caregivers, and the public on drinking water lead level concerns, and supporting the ability of local educational agencies to engage in effective collaboration with partners to accomplish drinking water lead sampling and remediation.(3)Evaluate the cost effectiveness, feasibility, and the potential challenges and health benefits of installing certified, lead-removing filtration devices on school campuses in lieu of other remediation efforts.(3) Compare the cost effectiveness, feasibility, and potential challenges and health benefits of implementing the short-term and permanent control measures specified in Module 6 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual on school campuses.(c)(d) On or before July 15, 2028, the Superintendent shall provide the report developed pursuant to subdivision (b) (c) to the Department of Finance and the relevant policy and fiscal committees of the Legislature, consistent with Section 9795 of the Government Code. The Superintendent shall make the report and the information provided to the technical assistance provider pursuant to subdivision (a) (b) publicly available on the departments internet website.32248.5. This article shall be implemented only upon the enactment of an appropriation in the annual Budget Act or another statute for these purposes.
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3- Amended IN Senate June 03, 2024 Amended IN Assembly April 08, 2024 Amended IN Assembly March 12, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1851Introduced by Assembly Member HoldenJanuary 17, 2024An act to add Article 4.5 (commencing with Section 32247) to Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code, relating to drinking water.LEGISLATIVE COUNSEL'S DIGESTAB 1851, as amended, Holden. Drinking water: schoolsites: lead testing pilot program.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. The act requires the state board law establishes the office of the Superintendent of Public Instruction, who serves as the director of the State Department of Education and has numerous other duties, including superintending the schools of the state. Existing law requires the State Water Resources Control Board to establish a grant program, in consultation with the State Department of Education, department, 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 daycare facilities located on public school property.This bill would require the Superintendent of Public Instruction, if an appropriation is made for this purpose, Instruction to establish a pilot program to test for and remediate lead contamination in drinking water at participating local educational agency facilities with plumbing that was installed before January 1, 2010. The bill would require the Superintendent to select no fewer than 6 and no more than 10 local educational agencies for participation in the pilot program and, if a selected local educational agency consents to participate in the pilot program, the bill would require the Superintendent to provide grants to the participating local educational agencies for testing and remediating drinking water lead levels at eligible facilities. If sampling results show lead levels in excess of 5 parts per billion for in water at any potable water system outlet, the bill would require a participating local educational agency to notify the parents and guardians of pupils who attend the school of the elevated lead levels, as provided, to take immediate steps to shut down all potable water use at potable water system outlets where excess lead levels may exist, and to ensure that a lead-free source of drinking water is provided for pupils at each potable water system outlet that has been shut down.The bill would require a public institution of higher education selected by the Superintendent to provide technical assistance to participating local educational agencies on the requirements of the pilot program, as provided. The bill would require participating local educational agencies to report specified information about the pilot program to the technical assistance provider on or before January 1, 2028. The bill would require the technical assistance provider to provide the Superintendent with a report containing a completed analysis of the pilot programs results on or before July 1, 2028. The bill would require the Superintendent to provide the report to the Department of Finance and the relevant policy and fiscal committees of the Legislature on or before July 15, 2028, and would require the Superintendent to make the report publicly available on the State Department of Educations internet website.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Amended IN Assembly April 08, 2024 Amended IN Assembly March 12, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1851Introduced by Assembly Member HoldenJanuary 17, 2024An act to add Article 4.5 (commencing with Section 32247) of to Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code, relating to drinking water.LEGISLATIVE COUNSEL'S DIGESTAB 1851, as amended, Holden. Drinking water: schoolsites: lead testing pilot program.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. 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 daycare facilities located on public school property.This bill would require the Superintendent of Public Instruction, if an appropriation is made for this purpose, to establish a pilot program to test for and remediate lead contamination in drinking water at participating local educational agency facilities with plumbing that was installed before January 1, 2010. The bill would require the Superintendent to select no fewer than 6 and no more than 10 local educational agencies for participation in the pilot program and, if a selected local educational agency consents to participate in the pilot program, the bill would require the Superintendent to provide grants to the participating local educational agencies for testing and remediating drinking water lead levels at eligible facilities. If sampling results show lead levels in excess of 5 parts per billion for any potable water system outlet, the bill would require a participating local educational agency to notify the parents and guardians of pupils who attend the school of the elevated lead levels, as provided, to take immediate steps to shut down all potable water system outlets where excess lead levels may exist, and to ensure that a lead-free source of drinking water is provided for pupils at each potable water system outlet that has been shut down.The bill would require a public institution of higher education selected by the Superintendent to provide technical assistance to participating local educational agencies on the requirements of the pilot program. program, as provided. The bill would require participating local educational agencies to report specified information about the pilot program to the technical assistance provider on or before January 1, 2028. The bill would require the technical assistance provider to provide the Superintendent with a report containing a completed analysis of the pilot programs results on or before July 1, 2028. The bill would require the Superintendent to provide the report to the Department of Finance and the relevant policy and fiscal committees of the Legislature on or before July 15, 2028, and would require the Superintendent to make the report publicly available on the State Department of Educations internet website.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
44
5- Amended IN Senate June 03, 2024 Amended IN Assembly April 08, 2024 Amended IN Assembly March 12, 2024
5+ Amended IN Assembly April 08, 2024 Amended IN Assembly March 12, 2024
66
7-Amended IN Senate June 03, 2024
87 Amended IN Assembly April 08, 2024
98 Amended IN Assembly March 12, 2024
109
1110 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
1211
1312 Assembly Bill
1413
1514 No. 1851
1615
1716 Introduced by Assembly Member HoldenJanuary 17, 2024
1817
1918 Introduced by Assembly Member Holden
2019 January 17, 2024
2120
22-An act to add Article 4.5 (commencing with Section 32247) to Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code, relating to drinking water.
21+An act to add Article 4.5 (commencing with Section 32247) of to Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code, relating to drinking water.
2322
2423 LEGISLATIVE COUNSEL'S DIGEST
2524
2625 ## LEGISLATIVE COUNSEL'S DIGEST
2726
2827 AB 1851, as amended, Holden. Drinking water: schoolsites: lead testing pilot program.
2928
30-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. The act requires the state board law establishes the office of the Superintendent of Public Instruction, who serves as the director of the State Department of Education and has numerous other duties, including superintending the schools of the state. Existing law requires the State Water Resources Control Board to establish a grant program, in consultation with the State Department of Education, department, 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 daycare facilities located on public school property.This bill would require the Superintendent of Public Instruction, if an appropriation is made for this purpose, Instruction to establish a pilot program to test for and remediate lead contamination in drinking water at participating local educational agency facilities with plumbing that was installed before January 1, 2010. The bill would require the Superintendent to select no fewer than 6 and no more than 10 local educational agencies for participation in the pilot program and, if a selected local educational agency consents to participate in the pilot program, the bill would require the Superintendent to provide grants to the participating local educational agencies for testing and remediating drinking water lead levels at eligible facilities. If sampling results show lead levels in excess of 5 parts per billion for in water at any potable water system outlet, the bill would require a participating local educational agency to notify the parents and guardians of pupils who attend the school of the elevated lead levels, as provided, to take immediate steps to shut down all potable water use at potable water system outlets where excess lead levels may exist, and to ensure that a lead-free source of drinking water is provided for pupils at each potable water system outlet that has been shut down.The bill would require a public institution of higher education selected by the Superintendent to provide technical assistance to participating local educational agencies on the requirements of the pilot program, as provided. The bill would require participating local educational agencies to report specified information about the pilot program to the technical assistance provider on or before January 1, 2028. The bill would require the technical assistance provider to provide the Superintendent with a report containing a completed analysis of the pilot programs results on or before July 1, 2028. The bill would require the Superintendent to provide the report to the Department of Finance and the relevant policy and fiscal committees of the Legislature on or before July 15, 2028, and would require the Superintendent to make the report publicly available on the State Department of Educations internet website.
29+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. 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 daycare facilities located on public school property.This bill would require the Superintendent of Public Instruction, if an appropriation is made for this purpose, to establish a pilot program to test for and remediate lead contamination in drinking water at participating local educational agency facilities with plumbing that was installed before January 1, 2010. The bill would require the Superintendent to select no fewer than 6 and no more than 10 local educational agencies for participation in the pilot program and, if a selected local educational agency consents to participate in the pilot program, the bill would require the Superintendent to provide grants to the participating local educational agencies for testing and remediating drinking water lead levels at eligible facilities. If sampling results show lead levels in excess of 5 parts per billion for any potable water system outlet, the bill would require a participating local educational agency to notify the parents and guardians of pupils who attend the school of the elevated lead levels, as provided, to take immediate steps to shut down all potable water system outlets where excess lead levels may exist, and to ensure that a lead-free source of drinking water is provided for pupils at each potable water system outlet that has been shut down.The bill would require a public institution of higher education selected by the Superintendent to provide technical assistance to participating local educational agencies on the requirements of the pilot program. program, as provided. The bill would require participating local educational agencies to report specified information about the pilot program to the technical assistance provider on or before January 1, 2028. The bill would require the technical assistance provider to provide the Superintendent with a report containing a completed analysis of the pilot programs results on or before July 1, 2028. The bill would require the Superintendent to provide the report to the Department of Finance and the relevant policy and fiscal committees of the Legislature on or before July 15, 2028, and would require the Superintendent to make the report publicly available on the State Department of Educations internet website.
3130
32-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. The act requires the state board law establishes the office of the Superintendent of Public Instruction, who serves as the director of the State Department of Education and has numerous other duties, including superintending the schools of the state. Existing law requires the State Water Resources Control Board to establish a grant program, in consultation with the State Department of Education, department, 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 daycare facilities located on public school property.
31+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. 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 daycare facilities located on public school property.
3332
34-This bill would require the Superintendent of Public Instruction, if an appropriation is made for this purpose, Instruction to establish a pilot program to test for and remediate lead contamination in drinking water at participating local educational agency facilities with plumbing that was installed before January 1, 2010. The bill would require the Superintendent to select no fewer than 6 and no more than 10 local educational agencies for participation in the pilot program and, if a selected local educational agency consents to participate in the pilot program, the bill would require the Superintendent to provide grants to the participating local educational agencies for testing and remediating drinking water lead levels at eligible facilities. If sampling results show lead levels in excess of 5 parts per billion for in water at any potable water system outlet, the bill would require a participating local educational agency to notify the parents and guardians of pupils who attend the school of the elevated lead levels, as provided, to take immediate steps to shut down all potable water use at potable water system outlets where excess lead levels may exist, and to ensure that a lead-free source of drinking water is provided for pupils at each potable water system outlet that has been shut down.
33+This bill would require the Superintendent of Public Instruction, if an appropriation is made for this purpose, to establish a pilot program to test for and remediate lead contamination in drinking water at participating local educational agency facilities with plumbing that was installed before January 1, 2010. The bill would require the Superintendent to select no fewer than 6 and no more than 10 local educational agencies for participation in the pilot program and, if a selected local educational agency consents to participate in the pilot program, the bill would require the Superintendent to provide grants to the participating local educational agencies for testing and remediating drinking water lead levels at eligible facilities. If sampling results show lead levels in excess of 5 parts per billion for any potable water system outlet, the bill would require a participating local educational agency to notify the parents and guardians of pupils who attend the school of the elevated lead levels, as provided, to take immediate steps to shut down all potable water system outlets where excess lead levels may exist, and to ensure that a lead-free source of drinking water is provided for pupils at each potable water system outlet that has been shut down.
3534
36-The bill would require a public institution of higher education selected by the Superintendent to provide technical assistance to participating local educational agencies on the requirements of the pilot program, as provided. The bill would require participating local educational agencies to report specified information about the pilot program to the technical assistance provider on or before January 1, 2028. The bill would require the technical assistance provider to provide the Superintendent with a report containing a completed analysis of the pilot programs results on or before July 1, 2028. The bill would require the Superintendent to provide the report to the Department of Finance and the relevant policy and fiscal committees of the Legislature on or before July 15, 2028, and would require the Superintendent to make the report publicly available on the State Department of Educations internet website.
35+The bill would require a public institution of higher education selected by the Superintendent to provide technical assistance to participating local educational agencies on the requirements of the pilot program. program, as provided. The bill would require participating local educational agencies to report specified information about the pilot program to the technical assistance provider on or before January 1, 2028. The bill would require the technical assistance provider to provide the Superintendent with a report containing a completed analysis of the pilot programs results on or before July 1, 2028. The bill would require the Superintendent to provide the report to the Department of Finance and the relevant policy and fiscal committees of the Legislature on or before July 15, 2028, and would require the Superintendent to make the report publicly available on the State Department of Educations internet website.
3736
3837 ## Digest Key
3938
4039 ## Bill Text
4140
42-The people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) The federal Centers for Disease Control and Prevention states that there is no safe level of lead in children.(2) The State Department of Public Health reports that lead exposure at very low levels can cause learning, behavioral, and attention difficulties in children, and nervous system and organ damage. Exposure to high levels of lead can be fatal.(3) No effective treatments ameliorate the long-lasting developmental effects of lead toxicity, and it is believed that these effects are permanent.(4) As of December 2023, the United States Environmental Protection Agency estimated that as much as 20 percent of a childs lead exposure comes from lead in drinking water, when water lead levels are five parts per billion. Drinking water can be an even larger source of lead exposure for infants who consume mostly water-based formula.(5) The United States Environmental Protection Agencys maximum contaminant level goal, the value the agency deems acceptable for health, is zero for lead in water.(6) In 2016, the American Academy of Pediatrics recommended that state and local governments take steps to ensure that water fountains in schools do not exceed water lead concentrations of one part per billion.(7) Recent drinking water testing at over 6,500 California childcare centers found high levels of lead in one in four childcare centers drinking water. Many childcare centers lead levels were 10 to 1,000 times the allowable amount. One childcare centers water contained 11,500 parts per billion of lead, which is 2,200 times the allowable amount.(8) The federal Lead and Copper Rule Improvements proposed rule would require only voluntary, limited testing of the drinking water in schools and childcare facilities, and would not require any remediation of elevated lead levels in those facilities. Instead, states are tasked with ensuring that the drinking water in schools and childcare facilities is safe. The pilot program developed by this act will provide the state needed data and analysis to take informed action to protect children.(9) California has received federal funding pursuant to the federal Coronavirus State and Local Fiscal Recovery Funds program and according to federal regulations applicable to that program, these funds must be used proactively on new and eligible projects, which explicitly include lead testing and remediation in schools.(b) It is therefore the goal of the state to ensure that water served to or consumed by children while they attend school or are cared for in licensed childcare facilities contains no more than zero parts per billion of lead.SEC. 2. Article 4.5 (commencing with Section 32247) is added to Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code, to read: Article 4.5. Schoolsite Lead Testing32247. For the purposes of this article, the following definitions apply:(a) Eligible facility means a facility that is on a schoolsite and that has plumbing that was installed before January 1, 2010.(b) Local educational agency means a school district, county office of education, or charter school.(c) Participating local educational agency means a local educational agency that has been selected by the Superintendent to participate in the pilot program and has consented to participation pursuant to Section 32247.5.(d) Pilot program means the program established in this article.(e) Potable water system outlet means all cold water outlets, including single-handle faucets that dispense both hot and cold water, which are reasonably expected to be used for drinking and food preparation as depicted in Module 4 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual.(f) Technical assistance provider means a public institution of higher education selected by the Superintendent that provides technical assistance to participating local educational agencies for purposes of the pilot program.32247.5. (a) The Superintendent shall establish a pilot program to accomplish both of the following:(1) Test for and remediate lead contamination in drinking water at eligible facilities of participating local educational agencies.(2) Inform recommendations, developed pursuant to Section 32248, for addressing lead contamination in drinking water in local educational agencies across the state.(b) The Superintendent shall select no fewer than 6 and no more than 10 local educational agencies of varying enrollment sizes and notify those local educational agencies of their selection by July 1, 2025. In selecting local educational agencies, the Superintendent shall give priority to the following:(1) Local educational agencies with at least one school that serves pupils in transitional kindergarten, kindergarten, and grades 1 to 3, inclusive, where at least 75 percent of the pupils enrolled in the school are eligible for free and reduced-priced meals, as defined in Section 42238.01.(2) Local educational agencies with schools that are located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.(c) (1) A local educational agency shall not be required to participate in the pilot program.(2) A local educational agency choosing to participate in the pilot program shall provide the following to the Superintendent within 90 days of the Superintendents decision and notification pursuant to subdivision (b):(A) Written consent.(B) Information deemed necessary by the Superintendent to confirm that the local educational agency has at least one eligible facility and to calculate the amount of grant funding to be issued to the local educational agency pursuant to subdivision (d).(d) (1) The Superintendent shall provide grants to participating local educational agencies for testing drinking water lead levels, remediating lead in drinking water at eligible facilities, and contracting with the technical assistance provider.(2) (A) For purposes of providing grants to participating local educational agencies pursuant to paragraph (1), the Superintendent shall provide grant funding to each participating local educational agency according to the enrollment from the most recent year available at the schoolsites with the eligible facilities.(B) Any unspent funds after July 1, 2027, shall be returned to the Superintendent and disbursed by the Superintendent to other grantees in need of additional funding for testing or remediation. A local educational agency that receives additional redistributed funds after July 1, 2027, may use those funds for testing or remediation until December 31, 2027.(3) Administrative and managerial contracts entered into under this section are exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and the Superintendent may award those contracts on a noncompetitive bid basis as necessary to implement the purposes of this article.(e) The technical assistance provider shall advise participating local educational agencies on the drinking water lead level sampling, remediation, and notification requirements specified in subdivisions (f) and (g).(f) Participating local educational agencies shall ensure that drinking water sampling pursuant to this article meets all of the following requirements:(1) Sampling for lead in drinking water shall be conducted at all potable water system outlets of an eligible facility.(2) Sampling shall be conducted in accordance with Modules 4 and 5 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual, or subsequent United States Environmental Protection Agency guidance as identified by the State Water Resources Control Board. Flushing shall not be used to collect a first draw sample.(3) A laboratory that evaluates a water sample for purposes of this section shall have current accreditation pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code.(g) (1) If sampling results show lead levels in excess of five parts per billion for in water at any potable water system outlet, the participating local educational agency shall do all of the following:(A) (i) Notify the parents and guardians of the pupils who attend the school where the elevated lead levels are found no later than 30 schooldays after receiving the test results during the school year, or otherwise within 60 days after receiving the sampling results, and provide information developed by the State Department of Public Health on the impact of elevated lead levels on children.(ii) The participating local educational agency may include a description of a remediation plan as part of the notice provided pursuant to clause (i).(B) Take immediate steps to make inoperable and shut down from use all potable water use at potable water system outlets where the excess lead levels may exist.(C) (i) Ensure that a lead-free source of drinking water is provided for pupils at each potable water system outlet that has been shut down due to elevated lead levels.(ii) For purposes of clause (i), providing a lead-free source of drinking water may include, but is not limited to, replacing any fixtures that may be contributing to the elevated lead levels, potable water system outlets, providing onsite water filtration, or providing bottled water.(D) Retest water at potable water system outlets where replacement was used to remediate excess levels of lead, to determine if replacement the remediation successfully reduced lead levels to below five parts per billion.(E) Conduct additional sampling of water at potable water system outlets as recommended by the technical assistance provider to investigate the source of lead contamination, and consult with the technical assistance provider to identify additional remediation options, if results from the sampling required under subparagraph (D) continue to show lead levels in excess of five parts per billion.(2) A potable water system outlet shall not be used to provide potable water until test results show lead levels below five parts per billion.(3) In meeting the requirements of this subdivision, the participating local educational agency shall select the remediation method, except that a participating local educational agency shall not attempt to remediate excess levels of lead by flushing the water in through a potable water system outlet.(4) If onsite water filtration is used to meet the requirements of this subdivision, the onsite water filtration device shall be certified by an independent American National Standards Institute (ANSI) accredited third-party certification body to NSF/ANSI 53 for lead reduction and NSF/ANSI 42 for particulate reduction (Class 1).(5) In meeting the requirements of this subdivision, a fixture shall meet the requirements of Sections 116875 and 116876 of the Health and Safety Code.32248. (a) On or before September 1, 2027, the technical assistance provider shall make testing results received from participating local educational agencies to date available upon request.(b) On or before January 1, 2028, participating local educational agencies shall report to the technical assistance provider, and the technical assistance provider shall report to the Superintendent, the following information in a standard electronic format:(1) The name of the participating local educational agency.(2) The name of the school where sampling was conducted pursuant to this article.(3) The school address.(4) The identification number for the potable water system outlet.(5) The date sampling was conducted.(6) The amount of lead contained in the sample, in parts per billion.(7) A description of any remediation action taken, reported as any of the following categories:(A)Faucet replaced.(A) Replacement of potable water system outlets.(B) Filter Filtration device installed.(C) Faucet Potable water system outlet decommissioned.(D) Replaced faucet potable water system outlet failed to reduce lead levels to less than five parts per billion.(E) Alternative Bottled water or other alternative source of water provided.(F) Other, including alternative remediation actions in which a replaced faucet potable water system outlet has failed to reduce lead levels to less than five parts per billion.(c) On or before July 1, 2028, the technical assistance provider shall provide the Superintendent with a report containing a completed analysis of the pilot programs results. The analysis shall analyze the pilot programs sampling results, and the sampling, remediation, and notification methods employed during the pilot program. The analysis shall also do all of the following:(1) Provide a better understanding of the level and sources of lead contamination in drinking water in Californias public schools. A full description of the information provided to the technical assistance provider pursuant to subdivision (b) shall be provided, as well as the number and location of schools that found water at a potable water system outlet with lead levels exceeding five parts per billion.(2) Provide recommendations on all of the following:(A) The most health-protective and cost-effective sampling and remediation strategies for addressing drinking water lead contamination in schools, and reducing lead levels in drinking water in at all potable water system outlets in schools to as close to zero lead as possible, but no more than five parts per billion.(B) Strategies for protecting the health of all pupils, especially pupils attending schools in which at least 75 percent of the pupils enrolled are eligible for free and reduced-priced meals, and schools located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.(C) Addressing the needs, implementation, and capacity challenges of local educational agencies of varying enrollment sizes, and of varying geographic locations.(D) Promoting effective communication between local educational agencies and parents, caregivers, and the public on drinking water lead level concerns, and supporting the ability of local educational agencies to engage in effective collaboration with partners to accomplish drinking water lead sampling and remediation.(3) Compare the cost effectiveness, cost-effectiveness, feasibility, and potential challenges and health benefits of implementing the short-term and permanent control measures specified in Module 6 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual on school campuses.(d) On or before July 15, 2028, the Superintendent shall provide the report developed pursuant to subdivision (c) to the Department of Finance and the relevant policy and fiscal committees of the Legislature, consistent with Section 9795 of the Government Code. The Superintendent shall make the report and the information provided to the technical assistance provider pursuant to subdivision (b) publicly available on the departments internet website.32248.5.This article shall be implemented only upon the enactment of an appropriation in the annual Budget Act or another statute for these purposes.32248.5. To the extent available, moneys deposited in the Federal Trust Fund, which were received under the federal State and Local Fiscal Recovery Fund program and are available for expenditure on water infrastructure projects, shall be used for purposes of this article.
41+The people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) The federal Centers for Disease Control and Prevention states that there is no safe level of lead in children.(2) The State Department of Public Health reports that lead exposure at very low levels can cause learning, behavioral, and attention difficulties in children, and nervous system and organ damage. Exposure to high levels of lead can be fatal.(3) No effective treatments ameliorate the long-lasting developmental effects of lead toxicity, and it is believed that these effects are permanent.(4) As of December 2023, the United States Environmental Protection Agency estimated that as much as 20 percent of a childs lead exposure comes from lead in drinking water, when water lead levels are five parts per billion. Drinking water can be an even larger source of lead exposure for infants who consume mostly water-based formula.(5) The United States Environmental Protection Agencys maximum contaminant level goal, the value the agency deems acceptable for health, is zero for lead in water.(6) In 2016, the American Academy of Pediatrics recommended that state and local governments take steps to ensure that water fountains in schools do not exceed water lead concentrations of one part per billion.(7) Recent drinking water testing at over 6,500 California childcare centers found high levels of lead in one in four childcare centers drinking water. Many childcare centers lead levels were 10 to 1,000 times the allowable amount. One childcare centers water contained 11,500 parts per billion of lead, which is 2,200 times the allowable amount.(8) The federal Lead and Copper Rule Improvements proposed rule would require only voluntary, limited testing of the drinking water in schools and childcare facilities, and would not require any remediation of elevated lead levels in those facilities. Instead, states are tasked with ensuring that the drinking water in schools and childcare facilities is safe. The pilot program developed by this act will provide the state needed data and analysis to take informed action to protect children.(b) It is therefore the goal of the state to ensure that water served to or consumed by children while they attend school or are cared for in licensed childcare facilities contains no more than zero parts per billion of lead.SEC. 2. Article 4.5 (commencing with Section 32247) is added to Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code, to read: Article 4.5. Schoolsite Lead Testing32247. For the purposes of this article, the following definitions apply:(a) Eligible facility means a facility that is on a schoolsite and that has plumbing that was installed before January 1, 2010.(b) Local educational agency means a school district, county office of education, or charter school.(c) Participating local educational agency means a local educational agency that has been selected by the Superintendent to participate in the pilot program and has consented to participation pursuant to Section 32247.5.(d) Pilot program means the program established in this article.(e) Potable water system outlet means all cold water outlets, including single-handle faucets that dispense both hot and cold water, which are reasonably expected to be used for drinking and food preparation as depicted in Module 4 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual.(f) Technical assistance provider means a public institution of higher education selected by the Superintendent that provides technical assistance to participating local educational agencies for purposes of the pilot program.32247.5. (a) The Superintendent shall establish a pilot program to accomplish both of the following:(1) Test for and remediate lead contamination in drinking water at eligible facilities of participating local educational agencies.(2) Inform recommendations, developed pursuant to Section 32248, for addressing lead contamination in drinking water in local educational agencies across the state.(b) The Superintendent shall select no fewer than 6 and no more than 10 local educational agencies of varying enrollment sizes and notify those local educational agencies of their selection by December July 1, 2025. In selecting local educational agencies, the Superintendent shall give priority to the following:(1) Local educational agencies with at least one school that serves pupils in transitional kindergarten, kindergarten, and grades 1 to 3, inclusive, where at least 75 percent of the pupils enrolled in the school are eligible for free and reduced-priced meals, as defined in Section 42238.01.(2) Local educational agencies with schools that are located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.(c) (1) A local educational agency shall not be required to participate in the pilot program.(2) A local educational agency choosing to participate in the pilot program shall provide the following to the Superintendent within 90 days of the Superintendents decision and notification pursuant to subdivision (b):(A) Written consent.(B) Information deemed necessary by the Superintendent to confirm that the local educational agency has at least one eligible facility and to calculate the amount of grant funding to be issued to the local educational agency pursuant to subdivision (d).(d) (1) The Superintendent shall provide grants to participating local educational agencies for testing drinking water lead levels, remediating lead in drinking water at eligible facilities, and contracting with the technical assistance provider.(2) (A) For purposes of providing grants to participating local educational agencies pursuant to paragraph (1), the Superintendent shall provide grant funding to each participating local educational agency according to the enrollment from the most recent year available at the schoolsites with the eligible facilities.(B) Any unspent funds after July 1, 2027, shall be returned to the Superintendent and disbursed by the Superintendent to other grantees in need of additional funding for testing or remediation. A local educational agency that receives additional redistributed funds after July 1, 2027, may use those funds for testing or remediation until December 31, 2027.(3) Administrative and managerial contracts entered into under this section are exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and the Superintendent may award those contracts on a noncompetitive bid basis as necessary to implement the purposes of this article.(e) The technical assistance provider shall advise participating local educational agencies on the drinking water lead level sampling, remediation, and notification requirements specified in subdivisions (f) and (g).(f) Participating local educational agencies shall ensure that drinking water sampling pursuant to this article meets all of the following requirements:(1) Sampling for lead in drinking water shall be conducted at all potable water system outlets of an eligible facility.(2) Sampling shall be conducted in accordance with Modules 4 and 5 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual, or subsequent United States Environmental Protection Agency guidance as identified by the State Water Resources Control Board. Flushing shall not be used to collect a first draw sample.(3) A laboratory that evaluates a water sample for purposes of this section shall have current accreditation pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code.(g) (1) If sampling results show lead levels in excess of five parts per billion for any potable water system outlet, the participating local educational agency shall do all of the following:(A) (i) Notify the parents and guardians of the pupils who attend the school where the elevated lead levels are found no later than 30 schooldays after receiving the test results during the school year, or otherwise within 60 days after receiving the sampling results, and provide information developed by the State Department of Public Health on the impact of elevated lead levels on children.(ii) The participating local educational agency may include a description of a remediation plan as part of the notice provided pursuant to clause (i).(B) Take immediate steps to make inoperable and shut down from use all potable water system outlets where the excess lead levels may exist.(C) (i) Ensure that a lead-free source of drinking water is provided for pupils at each potable water system outlet that has been shut down due to elevated lead levels.(ii) For purposes of clause (i), providing a lead-free source of drinking water may include, but is not limited to, replacing any fixtures that may be contributing to the elevated lead levels, providing onsite water filtration, or providing bottled water.(D) Retest potable water system outlets where replacement was used to remediate excess levels of lead, to determine if replacement successfully reduced lead levels to below five parts per billion.(E) Conduct additional sampling of potable water system outlets as recommended by the technical assistance provider to investigate the source of lead contamination, and consult with the technical assistance provider to identify additional remediation options, if results from the sampling required under subparagraph (D) continue to show lead levels in excess of five parts per billion.(2) A potable water system outlet shall not be used to provide potable water until test results show lead levels below five parts per billion.(3) In meeting the requirements of this subdivision, the participating local educational agency shall select the remediation method, except that a participating local educational agency shall not attempt to remediate excess levels of lead by flushing the water in a potable water system outlet.32248. (a) On or before September 1, 2027, the technical assistance provider shall make testing results received from participating local educational agencies to date available upon request.(b) On or before January 1, 2028, participating local educational agencies shall report to the technical assistance provider, and the technical assistance provider shall report to the Superintendent, the following information in a standard electronic format:(1) The name of the participating local educational agency.(2) The name of the school where sampling was conducted pursuant to this article.(3) The school address.(4) The identification number for the potable water system outlet.(5) The date sampling was conduced. conducted.(6) The amount of lead contained in the sample, in parts per billion.(7) A description of any remediation action taken, reported as any of the following categories:(A) Faucet replaced.(B) Filter installed.(C) Faucet decommissioned.(D) Replaced faucet failed to reduce lead levels to less than five parts per billion.(E) Alternative source of water provided.(F) Other, including alternative remediation actions in which a replaced faucet has failed to reduce lead levels to less than five parts per billion.(b)(c) On or before July 1, 2028, the technical assistance provider shall provide the Superintendent with a report containing a completed analysis of the pilot programs results. The analysis shall analyze the pilot programs sampling results, and the sampling, remediation, and notification methods employed during the pilot program. The analysis shall also do all of the following:(1) Provide a better understanding of the level and sources of lead contamination in drinking water in Californias public schools. A full description of the information provided to the technical assistance provider pursuant to subdivision (a) (b) shall be provided, as well as the number and location of schools that found a potable water system outlet with lead levels exceeding five parts per billion.(2) Provide recommendations on all of the following:(A) The most health-protective and cost-effective sampling and remediation strategies for addressing drinking water lead contamination in schools, and reducing lead levels in drinking water in all potable water system outlets in schools to as close to zero lead as possible, but no more than five parts per billion.(B) Strategies for protecting the health of all pupils, especially pupils attending schools in which at least 75 percent of the pupils enrolled are eligible for free and reduced-priced meals, and schools located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.(C) Addressing the needs, implementation, and capacity challenges of local educational agencies of varying enrollment sizes, and of varying geographic locations.(D) Promoting effective communication between local educational agencies and parents, caregivers, and the public on drinking water lead level concerns, and supporting the ability of local educational agencies to engage in effective collaboration with partners to accomplish drinking water lead sampling and remediation.(3)Evaluate the cost effectiveness, feasibility, and the potential challenges and health benefits of installing certified, lead-removing filtration devices on school campuses in lieu of other remediation efforts.(3) Compare the cost effectiveness, feasibility, and potential challenges and health benefits of implementing the short-term and permanent control measures specified in Module 6 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual on school campuses.(c)(d) On or before July 15, 2028, the Superintendent shall provide the report developed pursuant to subdivision (b) (c) to the Department of Finance and the relevant policy and fiscal committees of the Legislature, consistent with Section 9795 of the Government Code. The Superintendent shall make the report and the information provided to the technical assistance provider pursuant to subdivision (a) (b) publicly available on the departments internet website.32248.5. This article shall be implemented only upon the enactment of an appropriation in the annual Budget Act or another statute for these purposes.
4342
4443 The people of the State of California do enact as follows:
4544
4645 ## The people of the State of California do enact as follows:
4746
48-SECTION 1. (a) The Legislature finds and declares all of the following:(1) The federal Centers for Disease Control and Prevention states that there is no safe level of lead in children.(2) The State Department of Public Health reports that lead exposure at very low levels can cause learning, behavioral, and attention difficulties in children, and nervous system and organ damage. Exposure to high levels of lead can be fatal.(3) No effective treatments ameliorate the long-lasting developmental effects of lead toxicity, and it is believed that these effects are permanent.(4) As of December 2023, the United States Environmental Protection Agency estimated that as much as 20 percent of a childs lead exposure comes from lead in drinking water, when water lead levels are five parts per billion. Drinking water can be an even larger source of lead exposure for infants who consume mostly water-based formula.(5) The United States Environmental Protection Agencys maximum contaminant level goal, the value the agency deems acceptable for health, is zero for lead in water.(6) In 2016, the American Academy of Pediatrics recommended that state and local governments take steps to ensure that water fountains in schools do not exceed water lead concentrations of one part per billion.(7) Recent drinking water testing at over 6,500 California childcare centers found high levels of lead in one in four childcare centers drinking water. Many childcare centers lead levels were 10 to 1,000 times the allowable amount. One childcare centers water contained 11,500 parts per billion of lead, which is 2,200 times the allowable amount.(8) The federal Lead and Copper Rule Improvements proposed rule would require only voluntary, limited testing of the drinking water in schools and childcare facilities, and would not require any remediation of elevated lead levels in those facilities. Instead, states are tasked with ensuring that the drinking water in schools and childcare facilities is safe. The pilot program developed by this act will provide the state needed data and analysis to take informed action to protect children.(9) California has received federal funding pursuant to the federal Coronavirus State and Local Fiscal Recovery Funds program and according to federal regulations applicable to that program, these funds must be used proactively on new and eligible projects, which explicitly include lead testing and remediation in schools.(b) It is therefore the goal of the state to ensure that water served to or consumed by children while they attend school or are cared for in licensed childcare facilities contains no more than zero parts per billion of lead.
47+SECTION 1. (a) The Legislature finds and declares all of the following:(1) The federal Centers for Disease Control and Prevention states that there is no safe level of lead in children.(2) The State Department of Public Health reports that lead exposure at very low levels can cause learning, behavioral, and attention difficulties in children, and nervous system and organ damage. Exposure to high levels of lead can be fatal.(3) No effective treatments ameliorate the long-lasting developmental effects of lead toxicity, and it is believed that these effects are permanent.(4) As of December 2023, the United States Environmental Protection Agency estimated that as much as 20 percent of a childs lead exposure comes from lead in drinking water, when water lead levels are five parts per billion. Drinking water can be an even larger source of lead exposure for infants who consume mostly water-based formula.(5) The United States Environmental Protection Agencys maximum contaminant level goal, the value the agency deems acceptable for health, is zero for lead in water.(6) In 2016, the American Academy of Pediatrics recommended that state and local governments take steps to ensure that water fountains in schools do not exceed water lead concentrations of one part per billion.(7) Recent drinking water testing at over 6,500 California childcare centers found high levels of lead in one in four childcare centers drinking water. Many childcare centers lead levels were 10 to 1,000 times the allowable amount. One childcare centers water contained 11,500 parts per billion of lead, which is 2,200 times the allowable amount.(8) The federal Lead and Copper Rule Improvements proposed rule would require only voluntary, limited testing of the drinking water in schools and childcare facilities, and would not require any remediation of elevated lead levels in those facilities. Instead, states are tasked with ensuring that the drinking water in schools and childcare facilities is safe. The pilot program developed by this act will provide the state needed data and analysis to take informed action to protect children.(b) It is therefore the goal of the state to ensure that water served to or consumed by children while they attend school or are cared for in licensed childcare facilities contains no more than zero parts per billion of lead.
4948
50-SECTION 1. (a) The Legislature finds and declares all of the following:(1) The federal Centers for Disease Control and Prevention states that there is no safe level of lead in children.(2) The State Department of Public Health reports that lead exposure at very low levels can cause learning, behavioral, and attention difficulties in children, and nervous system and organ damage. Exposure to high levels of lead can be fatal.(3) No effective treatments ameliorate the long-lasting developmental effects of lead toxicity, and it is believed that these effects are permanent.(4) As of December 2023, the United States Environmental Protection Agency estimated that as much as 20 percent of a childs lead exposure comes from lead in drinking water, when water lead levels are five parts per billion. Drinking water can be an even larger source of lead exposure for infants who consume mostly water-based formula.(5) The United States Environmental Protection Agencys maximum contaminant level goal, the value the agency deems acceptable for health, is zero for lead in water.(6) In 2016, the American Academy of Pediatrics recommended that state and local governments take steps to ensure that water fountains in schools do not exceed water lead concentrations of one part per billion.(7) Recent drinking water testing at over 6,500 California childcare centers found high levels of lead in one in four childcare centers drinking water. Many childcare centers lead levels were 10 to 1,000 times the allowable amount. One childcare centers water contained 11,500 parts per billion of lead, which is 2,200 times the allowable amount.(8) The federal Lead and Copper Rule Improvements proposed rule would require only voluntary, limited testing of the drinking water in schools and childcare facilities, and would not require any remediation of elevated lead levels in those facilities. Instead, states are tasked with ensuring that the drinking water in schools and childcare facilities is safe. The pilot program developed by this act will provide the state needed data and analysis to take informed action to protect children.(9) California has received federal funding pursuant to the federal Coronavirus State and Local Fiscal Recovery Funds program and according to federal regulations applicable to that program, these funds must be used proactively on new and eligible projects, which explicitly include lead testing and remediation in schools.(b) It is therefore the goal of the state to ensure that water served to or consumed by children while they attend school or are cared for in licensed childcare facilities contains no more than zero parts per billion of lead.
49+SECTION 1. (a) The Legislature finds and declares all of the following:(1) The federal Centers for Disease Control and Prevention states that there is no safe level of lead in children.(2) The State Department of Public Health reports that lead exposure at very low levels can cause learning, behavioral, and attention difficulties in children, and nervous system and organ damage. Exposure to high levels of lead can be fatal.(3) No effective treatments ameliorate the long-lasting developmental effects of lead toxicity, and it is believed that these effects are permanent.(4) As of December 2023, the United States Environmental Protection Agency estimated that as much as 20 percent of a childs lead exposure comes from lead in drinking water, when water lead levels are five parts per billion. Drinking water can be an even larger source of lead exposure for infants who consume mostly water-based formula.(5) The United States Environmental Protection Agencys maximum contaminant level goal, the value the agency deems acceptable for health, is zero for lead in water.(6) In 2016, the American Academy of Pediatrics recommended that state and local governments take steps to ensure that water fountains in schools do not exceed water lead concentrations of one part per billion.(7) Recent drinking water testing at over 6,500 California childcare centers found high levels of lead in one in four childcare centers drinking water. Many childcare centers lead levels were 10 to 1,000 times the allowable amount. One childcare centers water contained 11,500 parts per billion of lead, which is 2,200 times the allowable amount.(8) The federal Lead and Copper Rule Improvements proposed rule would require only voluntary, limited testing of the drinking water in schools and childcare facilities, and would not require any remediation of elevated lead levels in those facilities. Instead, states are tasked with ensuring that the drinking water in schools and childcare facilities is safe. The pilot program developed by this act will provide the state needed data and analysis to take informed action to protect children.(b) It is therefore the goal of the state to ensure that water served to or consumed by children while they attend school or are cared for in licensed childcare facilities contains no more than zero parts per billion of lead.
5150
5251 SECTION 1. (a) The Legislature finds and declares all of the following:
5352
5453 ### SECTION 1.
5554
5655 (1) The federal Centers for Disease Control and Prevention states that there is no safe level of lead in children.
5756
5857 (2) The State Department of Public Health reports that lead exposure at very low levels can cause learning, behavioral, and attention difficulties in children, and nervous system and organ damage. Exposure to high levels of lead can be fatal.
5958
6059 (3) No effective treatments ameliorate the long-lasting developmental effects of lead toxicity, and it is believed that these effects are permanent.
6160
6261 (4) As of December 2023, the United States Environmental Protection Agency estimated that as much as 20 percent of a childs lead exposure comes from lead in drinking water, when water lead levels are five parts per billion. Drinking water can be an even larger source of lead exposure for infants who consume mostly water-based formula.
6362
6463 (5) The United States Environmental Protection Agencys maximum contaminant level goal, the value the agency deems acceptable for health, is zero for lead in water.
6564
6665 (6) In 2016, the American Academy of Pediatrics recommended that state and local governments take steps to ensure that water fountains in schools do not exceed water lead concentrations of one part per billion.
6766
6867 (7) Recent drinking water testing at over 6,500 California childcare centers found high levels of lead in one in four childcare centers drinking water. Many childcare centers lead levels were 10 to 1,000 times the allowable amount. One childcare centers water contained 11,500 parts per billion of lead, which is 2,200 times the allowable amount.
6968
7069 (8) The federal Lead and Copper Rule Improvements proposed rule would require only voluntary, limited testing of the drinking water in schools and childcare facilities, and would not require any remediation of elevated lead levels in those facilities. Instead, states are tasked with ensuring that the drinking water in schools and childcare facilities is safe. The pilot program developed by this act will provide the state needed data and analysis to take informed action to protect children.
7170
72-(9) California has received federal funding pursuant to the federal Coronavirus State and Local Fiscal Recovery Funds program and according to federal regulations applicable to that program, these funds must be used proactively on new and eligible projects, which explicitly include lead testing and remediation in schools.
73-
7471 (b) It is therefore the goal of the state to ensure that water served to or consumed by children while they attend school or are cared for in licensed childcare facilities contains no more than zero parts per billion of lead.
7572
76-SEC. 2. Article 4.5 (commencing with Section 32247) is added to Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code, to read: Article 4.5. Schoolsite Lead Testing32247. For the purposes of this article, the following definitions apply:(a) Eligible facility means a facility that is on a schoolsite and that has plumbing that was installed before January 1, 2010.(b) Local educational agency means a school district, county office of education, or charter school.(c) Participating local educational agency means a local educational agency that has been selected by the Superintendent to participate in the pilot program and has consented to participation pursuant to Section 32247.5.(d) Pilot program means the program established in this article.(e) Potable water system outlet means all cold water outlets, including single-handle faucets that dispense both hot and cold water, which are reasonably expected to be used for drinking and food preparation as depicted in Module 4 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual.(f) Technical assistance provider means a public institution of higher education selected by the Superintendent that provides technical assistance to participating local educational agencies for purposes of the pilot program.32247.5. (a) The Superintendent shall establish a pilot program to accomplish both of the following:(1) Test for and remediate lead contamination in drinking water at eligible facilities of participating local educational agencies.(2) Inform recommendations, developed pursuant to Section 32248, for addressing lead contamination in drinking water in local educational agencies across the state.(b) The Superintendent shall select no fewer than 6 and no more than 10 local educational agencies of varying enrollment sizes and notify those local educational agencies of their selection by July 1, 2025. In selecting local educational agencies, the Superintendent shall give priority to the following:(1) Local educational agencies with at least one school that serves pupils in transitional kindergarten, kindergarten, and grades 1 to 3, inclusive, where at least 75 percent of the pupils enrolled in the school are eligible for free and reduced-priced meals, as defined in Section 42238.01.(2) Local educational agencies with schools that are located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.(c) (1) A local educational agency shall not be required to participate in the pilot program.(2) A local educational agency choosing to participate in the pilot program shall provide the following to the Superintendent within 90 days of the Superintendents decision and notification pursuant to subdivision (b):(A) Written consent.(B) Information deemed necessary by the Superintendent to confirm that the local educational agency has at least one eligible facility and to calculate the amount of grant funding to be issued to the local educational agency pursuant to subdivision (d).(d) (1) The Superintendent shall provide grants to participating local educational agencies for testing drinking water lead levels, remediating lead in drinking water at eligible facilities, and contracting with the technical assistance provider.(2) (A) For purposes of providing grants to participating local educational agencies pursuant to paragraph (1), the Superintendent shall provide grant funding to each participating local educational agency according to the enrollment from the most recent year available at the schoolsites with the eligible facilities.(B) Any unspent funds after July 1, 2027, shall be returned to the Superintendent and disbursed by the Superintendent to other grantees in need of additional funding for testing or remediation. A local educational agency that receives additional redistributed funds after July 1, 2027, may use those funds for testing or remediation until December 31, 2027.(3) Administrative and managerial contracts entered into under this section are exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and the Superintendent may award those contracts on a noncompetitive bid basis as necessary to implement the purposes of this article.(e) The technical assistance provider shall advise participating local educational agencies on the drinking water lead level sampling, remediation, and notification requirements specified in subdivisions (f) and (g).(f) Participating local educational agencies shall ensure that drinking water sampling pursuant to this article meets all of the following requirements:(1) Sampling for lead in drinking water shall be conducted at all potable water system outlets of an eligible facility.(2) Sampling shall be conducted in accordance with Modules 4 and 5 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual, or subsequent United States Environmental Protection Agency guidance as identified by the State Water Resources Control Board. Flushing shall not be used to collect a first draw sample.(3) A laboratory that evaluates a water sample for purposes of this section shall have current accreditation pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code.(g) (1) If sampling results show lead levels in excess of five parts per billion for in water at any potable water system outlet, the participating local educational agency shall do all of the following:(A) (i) Notify the parents and guardians of the pupils who attend the school where the elevated lead levels are found no later than 30 schooldays after receiving the test results during the school year, or otherwise within 60 days after receiving the sampling results, and provide information developed by the State Department of Public Health on the impact of elevated lead levels on children.(ii) The participating local educational agency may include a description of a remediation plan as part of the notice provided pursuant to clause (i).(B) Take immediate steps to make inoperable and shut down from use all potable water use at potable water system outlets where the excess lead levels may exist.(C) (i) Ensure that a lead-free source of drinking water is provided for pupils at each potable water system outlet that has been shut down due to elevated lead levels.(ii) For purposes of clause (i), providing a lead-free source of drinking water may include, but is not limited to, replacing any fixtures that may be contributing to the elevated lead levels, potable water system outlets, providing onsite water filtration, or providing bottled water.(D) Retest water at potable water system outlets where replacement was used to remediate excess levels of lead, to determine if replacement the remediation successfully reduced lead levels to below five parts per billion.(E) Conduct additional sampling of water at potable water system outlets as recommended by the technical assistance provider to investigate the source of lead contamination, and consult with the technical assistance provider to identify additional remediation options, if results from the sampling required under subparagraph (D) continue to show lead levels in excess of five parts per billion.(2) A potable water system outlet shall not be used to provide potable water until test results show lead levels below five parts per billion.(3) In meeting the requirements of this subdivision, the participating local educational agency shall select the remediation method, except that a participating local educational agency shall not attempt to remediate excess levels of lead by flushing the water in through a potable water system outlet.(4) If onsite water filtration is used to meet the requirements of this subdivision, the onsite water filtration device shall be certified by an independent American National Standards Institute (ANSI) accredited third-party certification body to NSF/ANSI 53 for lead reduction and NSF/ANSI 42 for particulate reduction (Class 1).(5) In meeting the requirements of this subdivision, a fixture shall meet the requirements of Sections 116875 and 116876 of the Health and Safety Code.32248. (a) On or before September 1, 2027, the technical assistance provider shall make testing results received from participating local educational agencies to date available upon request.(b) On or before January 1, 2028, participating local educational agencies shall report to the technical assistance provider, and the technical assistance provider shall report to the Superintendent, the following information in a standard electronic format:(1) The name of the participating local educational agency.(2) The name of the school where sampling was conducted pursuant to this article.(3) The school address.(4) The identification number for the potable water system outlet.(5) The date sampling was conducted.(6) The amount of lead contained in the sample, in parts per billion.(7) A description of any remediation action taken, reported as any of the following categories:(A)Faucet replaced.(A) Replacement of potable water system outlets.(B) Filter Filtration device installed.(C) Faucet Potable water system outlet decommissioned.(D) Replaced faucet potable water system outlet failed to reduce lead levels to less than five parts per billion.(E) Alternative Bottled water or other alternative source of water provided.(F) Other, including alternative remediation actions in which a replaced faucet potable water system outlet has failed to reduce lead levels to less than five parts per billion.(c) On or before July 1, 2028, the technical assistance provider shall provide the Superintendent with a report containing a completed analysis of the pilot programs results. The analysis shall analyze the pilot programs sampling results, and the sampling, remediation, and notification methods employed during the pilot program. The analysis shall also do all of the following:(1) Provide a better understanding of the level and sources of lead contamination in drinking water in Californias public schools. A full description of the information provided to the technical assistance provider pursuant to subdivision (b) shall be provided, as well as the number and location of schools that found water at a potable water system outlet with lead levels exceeding five parts per billion.(2) Provide recommendations on all of the following:(A) The most health-protective and cost-effective sampling and remediation strategies for addressing drinking water lead contamination in schools, and reducing lead levels in drinking water in at all potable water system outlets in schools to as close to zero lead as possible, but no more than five parts per billion.(B) Strategies for protecting the health of all pupils, especially pupils attending schools in which at least 75 percent of the pupils enrolled are eligible for free and reduced-priced meals, and schools located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.(C) Addressing the needs, implementation, and capacity challenges of local educational agencies of varying enrollment sizes, and of varying geographic locations.(D) Promoting effective communication between local educational agencies and parents, caregivers, and the public on drinking water lead level concerns, and supporting the ability of local educational agencies to engage in effective collaboration with partners to accomplish drinking water lead sampling and remediation.(3) Compare the cost effectiveness, cost-effectiveness, feasibility, and potential challenges and health benefits of implementing the short-term and permanent control measures specified in Module 6 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual on school campuses.(d) On or before July 15, 2028, the Superintendent shall provide the report developed pursuant to subdivision (c) to the Department of Finance and the relevant policy and fiscal committees of the Legislature, consistent with Section 9795 of the Government Code. The Superintendent shall make the report and the information provided to the technical assistance provider pursuant to subdivision (b) publicly available on the departments internet website.32248.5.This article shall be implemented only upon the enactment of an appropriation in the annual Budget Act or another statute for these purposes.32248.5. To the extent available, moneys deposited in the Federal Trust Fund, which were received under the federal State and Local Fiscal Recovery Fund program and are available for expenditure on water infrastructure projects, shall be used for purposes of this article.
73+SEC. 2. Article 4.5 (commencing with Section 32247) is added to Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code, to read: Article 4.5. Schoolsite Lead Testing32247. For the purposes of this article, the following definitions apply:(a) Eligible facility means a facility that is on a schoolsite and that has plumbing that was installed before January 1, 2010.(b) Local educational agency means a school district, county office of education, or charter school.(c) Participating local educational agency means a local educational agency that has been selected by the Superintendent to participate in the pilot program and has consented to participation pursuant to Section 32247.5.(d) Pilot program means the program established in this article.(e) Potable water system outlet means all cold water outlets, including single-handle faucets that dispense both hot and cold water, which are reasonably expected to be used for drinking and food preparation as depicted in Module 4 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual.(f) Technical assistance provider means a public institution of higher education selected by the Superintendent that provides technical assistance to participating local educational agencies for purposes of the pilot program.32247.5. (a) The Superintendent shall establish a pilot program to accomplish both of the following:(1) Test for and remediate lead contamination in drinking water at eligible facilities of participating local educational agencies.(2) Inform recommendations, developed pursuant to Section 32248, for addressing lead contamination in drinking water in local educational agencies across the state.(b) The Superintendent shall select no fewer than 6 and no more than 10 local educational agencies of varying enrollment sizes and notify those local educational agencies of their selection by December July 1, 2025. In selecting local educational agencies, the Superintendent shall give priority to the following:(1) Local educational agencies with at least one school that serves pupils in transitional kindergarten, kindergarten, and grades 1 to 3, inclusive, where at least 75 percent of the pupils enrolled in the school are eligible for free and reduced-priced meals, as defined in Section 42238.01.(2) Local educational agencies with schools that are located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.(c) (1) A local educational agency shall not be required to participate in the pilot program.(2) A local educational agency choosing to participate in the pilot program shall provide the following to the Superintendent within 90 days of the Superintendents decision and notification pursuant to subdivision (b):(A) Written consent.(B) Information deemed necessary by the Superintendent to confirm that the local educational agency has at least one eligible facility and to calculate the amount of grant funding to be issued to the local educational agency pursuant to subdivision (d).(d) (1) The Superintendent shall provide grants to participating local educational agencies for testing drinking water lead levels, remediating lead in drinking water at eligible facilities, and contracting with the technical assistance provider.(2) (A) For purposes of providing grants to participating local educational agencies pursuant to paragraph (1), the Superintendent shall provide grant funding to each participating local educational agency according to the enrollment from the most recent year available at the schoolsites with the eligible facilities.(B) Any unspent funds after July 1, 2027, shall be returned to the Superintendent and disbursed by the Superintendent to other grantees in need of additional funding for testing or remediation. A local educational agency that receives additional redistributed funds after July 1, 2027, may use those funds for testing or remediation until December 31, 2027.(3) Administrative and managerial contracts entered into under this section are exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and the Superintendent may award those contracts on a noncompetitive bid basis as necessary to implement the purposes of this article.(e) The technical assistance provider shall advise participating local educational agencies on the drinking water lead level sampling, remediation, and notification requirements specified in subdivisions (f) and (g).(f) Participating local educational agencies shall ensure that drinking water sampling pursuant to this article meets all of the following requirements:(1) Sampling for lead in drinking water shall be conducted at all potable water system outlets of an eligible facility.(2) Sampling shall be conducted in accordance with Modules 4 and 5 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual, or subsequent United States Environmental Protection Agency guidance as identified by the State Water Resources Control Board. Flushing shall not be used to collect a first draw sample.(3) A laboratory that evaluates a water sample for purposes of this section shall have current accreditation pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code.(g) (1) If sampling results show lead levels in excess of five parts per billion for any potable water system outlet, the participating local educational agency shall do all of the following:(A) (i) Notify the parents and guardians of the pupils who attend the school where the elevated lead levels are found no later than 30 schooldays after receiving the test results during the school year, or otherwise within 60 days after receiving the sampling results, and provide information developed by the State Department of Public Health on the impact of elevated lead levels on children.(ii) The participating local educational agency may include a description of a remediation plan as part of the notice provided pursuant to clause (i).(B) Take immediate steps to make inoperable and shut down from use all potable water system outlets where the excess lead levels may exist.(C) (i) Ensure that a lead-free source of drinking water is provided for pupils at each potable water system outlet that has been shut down due to elevated lead levels.(ii) For purposes of clause (i), providing a lead-free source of drinking water may include, but is not limited to, replacing any fixtures that may be contributing to the elevated lead levels, providing onsite water filtration, or providing bottled water.(D) Retest potable water system outlets where replacement was used to remediate excess levels of lead, to determine if replacement successfully reduced lead levels to below five parts per billion.(E) Conduct additional sampling of potable water system outlets as recommended by the technical assistance provider to investigate the source of lead contamination, and consult with the technical assistance provider to identify additional remediation options, if results from the sampling required under subparagraph (D) continue to show lead levels in excess of five parts per billion.(2) A potable water system outlet shall not be used to provide potable water until test results show lead levels below five parts per billion.(3) In meeting the requirements of this subdivision, the participating local educational agency shall select the remediation method, except that a participating local educational agency shall not attempt to remediate excess levels of lead by flushing the water in a potable water system outlet.32248. (a) On or before September 1, 2027, the technical assistance provider shall make testing results received from participating local educational agencies to date available upon request.(b) On or before January 1, 2028, participating local educational agencies shall report to the technical assistance provider, and the technical assistance provider shall report to the Superintendent, the following information in a standard electronic format:(1) The name of the participating local educational agency.(2) The name of the school where sampling was conducted pursuant to this article.(3) The school address.(4) The identification number for the potable water system outlet.(5) The date sampling was conduced. conducted.(6) The amount of lead contained in the sample, in parts per billion.(7) A description of any remediation action taken, reported as any of the following categories:(A) Faucet replaced.(B) Filter installed.(C) Faucet decommissioned.(D) Replaced faucet failed to reduce lead levels to less than five parts per billion.(E) Alternative source of water provided.(F) Other, including alternative remediation actions in which a replaced faucet has failed to reduce lead levels to less than five parts per billion.(b)(c) On or before July 1, 2028, the technical assistance provider shall provide the Superintendent with a report containing a completed analysis of the pilot programs results. The analysis shall analyze the pilot programs sampling results, and the sampling, remediation, and notification methods employed during the pilot program. The analysis shall also do all of the following:(1) Provide a better understanding of the level and sources of lead contamination in drinking water in Californias public schools. A full description of the information provided to the technical assistance provider pursuant to subdivision (a) (b) shall be provided, as well as the number and location of schools that found a potable water system outlet with lead levels exceeding five parts per billion.(2) Provide recommendations on all of the following:(A) The most health-protective and cost-effective sampling and remediation strategies for addressing drinking water lead contamination in schools, and reducing lead levels in drinking water in all potable water system outlets in schools to as close to zero lead as possible, but no more than five parts per billion.(B) Strategies for protecting the health of all pupils, especially pupils attending schools in which at least 75 percent of the pupils enrolled are eligible for free and reduced-priced meals, and schools located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.(C) Addressing the needs, implementation, and capacity challenges of local educational agencies of varying enrollment sizes, and of varying geographic locations.(D) Promoting effective communication between local educational agencies and parents, caregivers, and the public on drinking water lead level concerns, and supporting the ability of local educational agencies to engage in effective collaboration with partners to accomplish drinking water lead sampling and remediation.(3)Evaluate the cost effectiveness, feasibility, and the potential challenges and health benefits of installing certified, lead-removing filtration devices on school campuses in lieu of other remediation efforts.(3) Compare the cost effectiveness, feasibility, and potential challenges and health benefits of implementing the short-term and permanent control measures specified in Module 6 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual on school campuses.(c)(d) On or before July 15, 2028, the Superintendent shall provide the report developed pursuant to subdivision (b) (c) to the Department of Finance and the relevant policy and fiscal committees of the Legislature, consistent with Section 9795 of the Government Code. The Superintendent shall make the report and the information provided to the technical assistance provider pursuant to subdivision (a) (b) publicly available on the departments internet website.32248.5. This article shall be implemented only upon the enactment of an appropriation in the annual Budget Act or another statute for these purposes.
7774
7875 SEC. 2. Article 4.5 (commencing with Section 32247) is added to Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code, to read:
7976
8077 ### SEC. 2.
8178
82- Article 4.5. Schoolsite Lead Testing32247. For the purposes of this article, the following definitions apply:(a) Eligible facility means a facility that is on a schoolsite and that has plumbing that was installed before January 1, 2010.(b) Local educational agency means a school district, county office of education, or charter school.(c) Participating local educational agency means a local educational agency that has been selected by the Superintendent to participate in the pilot program and has consented to participation pursuant to Section 32247.5.(d) Pilot program means the program established in this article.(e) Potable water system outlet means all cold water outlets, including single-handle faucets that dispense both hot and cold water, which are reasonably expected to be used for drinking and food preparation as depicted in Module 4 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual.(f) Technical assistance provider means a public institution of higher education selected by the Superintendent that provides technical assistance to participating local educational agencies for purposes of the pilot program.32247.5. (a) The Superintendent shall establish a pilot program to accomplish both of the following:(1) Test for and remediate lead contamination in drinking water at eligible facilities of participating local educational agencies.(2) Inform recommendations, developed pursuant to Section 32248, for addressing lead contamination in drinking water in local educational agencies across the state.(b) The Superintendent shall select no fewer than 6 and no more than 10 local educational agencies of varying enrollment sizes and notify those local educational agencies of their selection by July 1, 2025. In selecting local educational agencies, the Superintendent shall give priority to the following:(1) Local educational agencies with at least one school that serves pupils in transitional kindergarten, kindergarten, and grades 1 to 3, inclusive, where at least 75 percent of the pupils enrolled in the school are eligible for free and reduced-priced meals, as defined in Section 42238.01.(2) Local educational agencies with schools that are located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.(c) (1) A local educational agency shall not be required to participate in the pilot program.(2) A local educational agency choosing to participate in the pilot program shall provide the following to the Superintendent within 90 days of the Superintendents decision and notification pursuant to subdivision (b):(A) Written consent.(B) Information deemed necessary by the Superintendent to confirm that the local educational agency has at least one eligible facility and to calculate the amount of grant funding to be issued to the local educational agency pursuant to subdivision (d).(d) (1) The Superintendent shall provide grants to participating local educational agencies for testing drinking water lead levels, remediating lead in drinking water at eligible facilities, and contracting with the technical assistance provider.(2) (A) For purposes of providing grants to participating local educational agencies pursuant to paragraph (1), the Superintendent shall provide grant funding to each participating local educational agency according to the enrollment from the most recent year available at the schoolsites with the eligible facilities.(B) Any unspent funds after July 1, 2027, shall be returned to the Superintendent and disbursed by the Superintendent to other grantees in need of additional funding for testing or remediation. A local educational agency that receives additional redistributed funds after July 1, 2027, may use those funds for testing or remediation until December 31, 2027.(3) Administrative and managerial contracts entered into under this section are exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and the Superintendent may award those contracts on a noncompetitive bid basis as necessary to implement the purposes of this article.(e) The technical assistance provider shall advise participating local educational agencies on the drinking water lead level sampling, remediation, and notification requirements specified in subdivisions (f) and (g).(f) Participating local educational agencies shall ensure that drinking water sampling pursuant to this article meets all of the following requirements:(1) Sampling for lead in drinking water shall be conducted at all potable water system outlets of an eligible facility.(2) Sampling shall be conducted in accordance with Modules 4 and 5 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual, or subsequent United States Environmental Protection Agency guidance as identified by the State Water Resources Control Board. Flushing shall not be used to collect a first draw sample.(3) A laboratory that evaluates a water sample for purposes of this section shall have current accreditation pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code.(g) (1) If sampling results show lead levels in excess of five parts per billion for in water at any potable water system outlet, the participating local educational agency shall do all of the following:(A) (i) Notify the parents and guardians of the pupils who attend the school where the elevated lead levels are found no later than 30 schooldays after receiving the test results during the school year, or otherwise within 60 days after receiving the sampling results, and provide information developed by the State Department of Public Health on the impact of elevated lead levels on children.(ii) The participating local educational agency may include a description of a remediation plan as part of the notice provided pursuant to clause (i).(B) Take immediate steps to make inoperable and shut down from use all potable water use at potable water system outlets where the excess lead levels may exist.(C) (i) Ensure that a lead-free source of drinking water is provided for pupils at each potable water system outlet that has been shut down due to elevated lead levels.(ii) For purposes of clause (i), providing a lead-free source of drinking water may include, but is not limited to, replacing any fixtures that may be contributing to the elevated lead levels, potable water system outlets, providing onsite water filtration, or providing bottled water.(D) Retest water at potable water system outlets where replacement was used to remediate excess levels of lead, to determine if replacement the remediation successfully reduced lead levels to below five parts per billion.(E) Conduct additional sampling of water at potable water system outlets as recommended by the technical assistance provider to investigate the source of lead contamination, and consult with the technical assistance provider to identify additional remediation options, if results from the sampling required under subparagraph (D) continue to show lead levels in excess of five parts per billion.(2) A potable water system outlet shall not be used to provide potable water until test results show lead levels below five parts per billion.(3) In meeting the requirements of this subdivision, the participating local educational agency shall select the remediation method, except that a participating local educational agency shall not attempt to remediate excess levels of lead by flushing the water in through a potable water system outlet.(4) If onsite water filtration is used to meet the requirements of this subdivision, the onsite water filtration device shall be certified by an independent American National Standards Institute (ANSI) accredited third-party certification body to NSF/ANSI 53 for lead reduction and NSF/ANSI 42 for particulate reduction (Class 1).(5) In meeting the requirements of this subdivision, a fixture shall meet the requirements of Sections 116875 and 116876 of the Health and Safety Code.32248. (a) On or before September 1, 2027, the technical assistance provider shall make testing results received from participating local educational agencies to date available upon request.(b) On or before January 1, 2028, participating local educational agencies shall report to the technical assistance provider, and the technical assistance provider shall report to the Superintendent, the following information in a standard electronic format:(1) The name of the participating local educational agency.(2) The name of the school where sampling was conducted pursuant to this article.(3) The school address.(4) The identification number for the potable water system outlet.(5) The date sampling was conducted.(6) The amount of lead contained in the sample, in parts per billion.(7) A description of any remediation action taken, reported as any of the following categories:(A)Faucet replaced.(A) Replacement of potable water system outlets.(B) Filter Filtration device installed.(C) Faucet Potable water system outlet decommissioned.(D) Replaced faucet potable water system outlet failed to reduce lead levels to less than five parts per billion.(E) Alternative Bottled water or other alternative source of water provided.(F) Other, including alternative remediation actions in which a replaced faucet potable water system outlet has failed to reduce lead levels to less than five parts per billion.(c) On or before July 1, 2028, the technical assistance provider shall provide the Superintendent with a report containing a completed analysis of the pilot programs results. The analysis shall analyze the pilot programs sampling results, and the sampling, remediation, and notification methods employed during the pilot program. The analysis shall also do all of the following:(1) Provide a better understanding of the level and sources of lead contamination in drinking water in Californias public schools. A full description of the information provided to the technical assistance provider pursuant to subdivision (b) shall be provided, as well as the number and location of schools that found water at a potable water system outlet with lead levels exceeding five parts per billion.(2) Provide recommendations on all of the following:(A) The most health-protective and cost-effective sampling and remediation strategies for addressing drinking water lead contamination in schools, and reducing lead levels in drinking water in at all potable water system outlets in schools to as close to zero lead as possible, but no more than five parts per billion.(B) Strategies for protecting the health of all pupils, especially pupils attending schools in which at least 75 percent of the pupils enrolled are eligible for free and reduced-priced meals, and schools located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.(C) Addressing the needs, implementation, and capacity challenges of local educational agencies of varying enrollment sizes, and of varying geographic locations.(D) Promoting effective communication between local educational agencies and parents, caregivers, and the public on drinking water lead level concerns, and supporting the ability of local educational agencies to engage in effective collaboration with partners to accomplish drinking water lead sampling and remediation.(3) Compare the cost effectiveness, cost-effectiveness, feasibility, and potential challenges and health benefits of implementing the short-term and permanent control measures specified in Module 6 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual on school campuses.(d) On or before July 15, 2028, the Superintendent shall provide the report developed pursuant to subdivision (c) to the Department of Finance and the relevant policy and fiscal committees of the Legislature, consistent with Section 9795 of the Government Code. The Superintendent shall make the report and the information provided to the technical assistance provider pursuant to subdivision (b) publicly available on the departments internet website.32248.5.This article shall be implemented only upon the enactment of an appropriation in the annual Budget Act or another statute for these purposes.32248.5. To the extent available, moneys deposited in the Federal Trust Fund, which were received under the federal State and Local Fiscal Recovery Fund program and are available for expenditure on water infrastructure projects, shall be used for purposes of this article.
79+ Article 4.5. Schoolsite Lead Testing32247. For the purposes of this article, the following definitions apply:(a) Eligible facility means a facility that is on a schoolsite and that has plumbing that was installed before January 1, 2010.(b) Local educational agency means a school district, county office of education, or charter school.(c) Participating local educational agency means a local educational agency that has been selected by the Superintendent to participate in the pilot program and has consented to participation pursuant to Section 32247.5.(d) Pilot program means the program established in this article.(e) Potable water system outlet means all cold water outlets, including single-handle faucets that dispense both hot and cold water, which are reasonably expected to be used for drinking and food preparation as depicted in Module 4 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual.(f) Technical assistance provider means a public institution of higher education selected by the Superintendent that provides technical assistance to participating local educational agencies for purposes of the pilot program.32247.5. (a) The Superintendent shall establish a pilot program to accomplish both of the following:(1) Test for and remediate lead contamination in drinking water at eligible facilities of participating local educational agencies.(2) Inform recommendations, developed pursuant to Section 32248, for addressing lead contamination in drinking water in local educational agencies across the state.(b) The Superintendent shall select no fewer than 6 and no more than 10 local educational agencies of varying enrollment sizes and notify those local educational agencies of their selection by December July 1, 2025. In selecting local educational agencies, the Superintendent shall give priority to the following:(1) Local educational agencies with at least one school that serves pupils in transitional kindergarten, kindergarten, and grades 1 to 3, inclusive, where at least 75 percent of the pupils enrolled in the school are eligible for free and reduced-priced meals, as defined in Section 42238.01.(2) Local educational agencies with schools that are located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.(c) (1) A local educational agency shall not be required to participate in the pilot program.(2) A local educational agency choosing to participate in the pilot program shall provide the following to the Superintendent within 90 days of the Superintendents decision and notification pursuant to subdivision (b):(A) Written consent.(B) Information deemed necessary by the Superintendent to confirm that the local educational agency has at least one eligible facility and to calculate the amount of grant funding to be issued to the local educational agency pursuant to subdivision (d).(d) (1) The Superintendent shall provide grants to participating local educational agencies for testing drinking water lead levels, remediating lead in drinking water at eligible facilities, and contracting with the technical assistance provider.(2) (A) For purposes of providing grants to participating local educational agencies pursuant to paragraph (1), the Superintendent shall provide grant funding to each participating local educational agency according to the enrollment from the most recent year available at the schoolsites with the eligible facilities.(B) Any unspent funds after July 1, 2027, shall be returned to the Superintendent and disbursed by the Superintendent to other grantees in need of additional funding for testing or remediation. A local educational agency that receives additional redistributed funds after July 1, 2027, may use those funds for testing or remediation until December 31, 2027.(3) Administrative and managerial contracts entered into under this section are exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and the Superintendent may award those contracts on a noncompetitive bid basis as necessary to implement the purposes of this article.(e) The technical assistance provider shall advise participating local educational agencies on the drinking water lead level sampling, remediation, and notification requirements specified in subdivisions (f) and (g).(f) Participating local educational agencies shall ensure that drinking water sampling pursuant to this article meets all of the following requirements:(1) Sampling for lead in drinking water shall be conducted at all potable water system outlets of an eligible facility.(2) Sampling shall be conducted in accordance with Modules 4 and 5 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual, or subsequent United States Environmental Protection Agency guidance as identified by the State Water Resources Control Board. Flushing shall not be used to collect a first draw sample.(3) A laboratory that evaluates a water sample for purposes of this section shall have current accreditation pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code.(g) (1) If sampling results show lead levels in excess of five parts per billion for any potable water system outlet, the participating local educational agency shall do all of the following:(A) (i) Notify the parents and guardians of the pupils who attend the school where the elevated lead levels are found no later than 30 schooldays after receiving the test results during the school year, or otherwise within 60 days after receiving the sampling results, and provide information developed by the State Department of Public Health on the impact of elevated lead levels on children.(ii) The participating local educational agency may include a description of a remediation plan as part of the notice provided pursuant to clause (i).(B) Take immediate steps to make inoperable and shut down from use all potable water system outlets where the excess lead levels may exist.(C) (i) Ensure that a lead-free source of drinking water is provided for pupils at each potable water system outlet that has been shut down due to elevated lead levels.(ii) For purposes of clause (i), providing a lead-free source of drinking water may include, but is not limited to, replacing any fixtures that may be contributing to the elevated lead levels, providing onsite water filtration, or providing bottled water.(D) Retest potable water system outlets where replacement was used to remediate excess levels of lead, to determine if replacement successfully reduced lead levels to below five parts per billion.(E) Conduct additional sampling of potable water system outlets as recommended by the technical assistance provider to investigate the source of lead contamination, and consult with the technical assistance provider to identify additional remediation options, if results from the sampling required under subparagraph (D) continue to show lead levels in excess of five parts per billion.(2) A potable water system outlet shall not be used to provide potable water until test results show lead levels below five parts per billion.(3) In meeting the requirements of this subdivision, the participating local educational agency shall select the remediation method, except that a participating local educational agency shall not attempt to remediate excess levels of lead by flushing the water in a potable water system outlet.32248. (a) On or before September 1, 2027, the technical assistance provider shall make testing results received from participating local educational agencies to date available upon request.(b) On or before January 1, 2028, participating local educational agencies shall report to the technical assistance provider, and the technical assistance provider shall report to the Superintendent, the following information in a standard electronic format:(1) The name of the participating local educational agency.(2) The name of the school where sampling was conducted pursuant to this article.(3) The school address.(4) The identification number for the potable water system outlet.(5) The date sampling was conduced. conducted.(6) The amount of lead contained in the sample, in parts per billion.(7) A description of any remediation action taken, reported as any of the following categories:(A) Faucet replaced.(B) Filter installed.(C) Faucet decommissioned.(D) Replaced faucet failed to reduce lead levels to less than five parts per billion.(E) Alternative source of water provided.(F) Other, including alternative remediation actions in which a replaced faucet has failed to reduce lead levels to less than five parts per billion.(b)(c) On or before July 1, 2028, the technical assistance provider shall provide the Superintendent with a report containing a completed analysis of the pilot programs results. The analysis shall analyze the pilot programs sampling results, and the sampling, remediation, and notification methods employed during the pilot program. The analysis shall also do all of the following:(1) Provide a better understanding of the level and sources of lead contamination in drinking water in Californias public schools. A full description of the information provided to the technical assistance provider pursuant to subdivision (a) (b) shall be provided, as well as the number and location of schools that found a potable water system outlet with lead levels exceeding five parts per billion.(2) Provide recommendations on all of the following:(A) The most health-protective and cost-effective sampling and remediation strategies for addressing drinking water lead contamination in schools, and reducing lead levels in drinking water in all potable water system outlets in schools to as close to zero lead as possible, but no more than five parts per billion.(B) Strategies for protecting the health of all pupils, especially pupils attending schools in which at least 75 percent of the pupils enrolled are eligible for free and reduced-priced meals, and schools located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.(C) Addressing the needs, implementation, and capacity challenges of local educational agencies of varying enrollment sizes, and of varying geographic locations.(D) Promoting effective communication between local educational agencies and parents, caregivers, and the public on drinking water lead level concerns, and supporting the ability of local educational agencies to engage in effective collaboration with partners to accomplish drinking water lead sampling and remediation.(3)Evaluate the cost effectiveness, feasibility, and the potential challenges and health benefits of installing certified, lead-removing filtration devices on school campuses in lieu of other remediation efforts.(3) Compare the cost effectiveness, feasibility, and potential challenges and health benefits of implementing the short-term and permanent control measures specified in Module 6 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual on school campuses.(c)(d) On or before July 15, 2028, the Superintendent shall provide the report developed pursuant to subdivision (b) (c) to the Department of Finance and the relevant policy and fiscal committees of the Legislature, consistent with Section 9795 of the Government Code. The Superintendent shall make the report and the information provided to the technical assistance provider pursuant to subdivision (a) (b) publicly available on the departments internet website.32248.5. This article shall be implemented only upon the enactment of an appropriation in the annual Budget Act or another statute for these purposes.
8380
84- Article 4.5. Schoolsite Lead Testing32247. For the purposes of this article, the following definitions apply:(a) Eligible facility means a facility that is on a schoolsite and that has plumbing that was installed before January 1, 2010.(b) Local educational agency means a school district, county office of education, or charter school.(c) Participating local educational agency means a local educational agency that has been selected by the Superintendent to participate in the pilot program and has consented to participation pursuant to Section 32247.5.(d) Pilot program means the program established in this article.(e) Potable water system outlet means all cold water outlets, including single-handle faucets that dispense both hot and cold water, which are reasonably expected to be used for drinking and food preparation as depicted in Module 4 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual.(f) Technical assistance provider means a public institution of higher education selected by the Superintendent that provides technical assistance to participating local educational agencies for purposes of the pilot program.32247.5. (a) The Superintendent shall establish a pilot program to accomplish both of the following:(1) Test for and remediate lead contamination in drinking water at eligible facilities of participating local educational agencies.(2) Inform recommendations, developed pursuant to Section 32248, for addressing lead contamination in drinking water in local educational agencies across the state.(b) The Superintendent shall select no fewer than 6 and no more than 10 local educational agencies of varying enrollment sizes and notify those local educational agencies of their selection by July 1, 2025. In selecting local educational agencies, the Superintendent shall give priority to the following:(1) Local educational agencies with at least one school that serves pupils in transitional kindergarten, kindergarten, and grades 1 to 3, inclusive, where at least 75 percent of the pupils enrolled in the school are eligible for free and reduced-priced meals, as defined in Section 42238.01.(2) Local educational agencies with schools that are located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.(c) (1) A local educational agency shall not be required to participate in the pilot program.(2) A local educational agency choosing to participate in the pilot program shall provide the following to the Superintendent within 90 days of the Superintendents decision and notification pursuant to subdivision (b):(A) Written consent.(B) Information deemed necessary by the Superintendent to confirm that the local educational agency has at least one eligible facility and to calculate the amount of grant funding to be issued to the local educational agency pursuant to subdivision (d).(d) (1) The Superintendent shall provide grants to participating local educational agencies for testing drinking water lead levels, remediating lead in drinking water at eligible facilities, and contracting with the technical assistance provider.(2) (A) For purposes of providing grants to participating local educational agencies pursuant to paragraph (1), the Superintendent shall provide grant funding to each participating local educational agency according to the enrollment from the most recent year available at the schoolsites with the eligible facilities.(B) Any unspent funds after July 1, 2027, shall be returned to the Superintendent and disbursed by the Superintendent to other grantees in need of additional funding for testing or remediation. A local educational agency that receives additional redistributed funds after July 1, 2027, may use those funds for testing or remediation until December 31, 2027.(3) Administrative and managerial contracts entered into under this section are exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and the Superintendent may award those contracts on a noncompetitive bid basis as necessary to implement the purposes of this article.(e) The technical assistance provider shall advise participating local educational agencies on the drinking water lead level sampling, remediation, and notification requirements specified in subdivisions (f) and (g).(f) Participating local educational agencies shall ensure that drinking water sampling pursuant to this article meets all of the following requirements:(1) Sampling for lead in drinking water shall be conducted at all potable water system outlets of an eligible facility.(2) Sampling shall be conducted in accordance with Modules 4 and 5 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual, or subsequent United States Environmental Protection Agency guidance as identified by the State Water Resources Control Board. Flushing shall not be used to collect a first draw sample.(3) A laboratory that evaluates a water sample for purposes of this section shall have current accreditation pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code.(g) (1) If sampling results show lead levels in excess of five parts per billion for in water at any potable water system outlet, the participating local educational agency shall do all of the following:(A) (i) Notify the parents and guardians of the pupils who attend the school where the elevated lead levels are found no later than 30 schooldays after receiving the test results during the school year, or otherwise within 60 days after receiving the sampling results, and provide information developed by the State Department of Public Health on the impact of elevated lead levels on children.(ii) The participating local educational agency may include a description of a remediation plan as part of the notice provided pursuant to clause (i).(B) Take immediate steps to make inoperable and shut down from use all potable water use at potable water system outlets where the excess lead levels may exist.(C) (i) Ensure that a lead-free source of drinking water is provided for pupils at each potable water system outlet that has been shut down due to elevated lead levels.(ii) For purposes of clause (i), providing a lead-free source of drinking water may include, but is not limited to, replacing any fixtures that may be contributing to the elevated lead levels, potable water system outlets, providing onsite water filtration, or providing bottled water.(D) Retest water at potable water system outlets where replacement was used to remediate excess levels of lead, to determine if replacement the remediation successfully reduced lead levels to below five parts per billion.(E) Conduct additional sampling of water at potable water system outlets as recommended by the technical assistance provider to investigate the source of lead contamination, and consult with the technical assistance provider to identify additional remediation options, if results from the sampling required under subparagraph (D) continue to show lead levels in excess of five parts per billion.(2) A potable water system outlet shall not be used to provide potable water until test results show lead levels below five parts per billion.(3) In meeting the requirements of this subdivision, the participating local educational agency shall select the remediation method, except that a participating local educational agency shall not attempt to remediate excess levels of lead by flushing the water in through a potable water system outlet.(4) If onsite water filtration is used to meet the requirements of this subdivision, the onsite water filtration device shall be certified by an independent American National Standards Institute (ANSI) accredited third-party certification body to NSF/ANSI 53 for lead reduction and NSF/ANSI 42 for particulate reduction (Class 1).(5) In meeting the requirements of this subdivision, a fixture shall meet the requirements of Sections 116875 and 116876 of the Health and Safety Code.32248. (a) On or before September 1, 2027, the technical assistance provider shall make testing results received from participating local educational agencies to date available upon request.(b) On or before January 1, 2028, participating local educational agencies shall report to the technical assistance provider, and the technical assistance provider shall report to the Superintendent, the following information in a standard electronic format:(1) The name of the participating local educational agency.(2) The name of the school where sampling was conducted pursuant to this article.(3) The school address.(4) The identification number for the potable water system outlet.(5) The date sampling was conducted.(6) The amount of lead contained in the sample, in parts per billion.(7) A description of any remediation action taken, reported as any of the following categories:(A)Faucet replaced.(A) Replacement of potable water system outlets.(B) Filter Filtration device installed.(C) Faucet Potable water system outlet decommissioned.(D) Replaced faucet potable water system outlet failed to reduce lead levels to less than five parts per billion.(E) Alternative Bottled water or other alternative source of water provided.(F) Other, including alternative remediation actions in which a replaced faucet potable water system outlet has failed to reduce lead levels to less than five parts per billion.(c) On or before July 1, 2028, the technical assistance provider shall provide the Superintendent with a report containing a completed analysis of the pilot programs results. The analysis shall analyze the pilot programs sampling results, and the sampling, remediation, and notification methods employed during the pilot program. The analysis shall also do all of the following:(1) Provide a better understanding of the level and sources of lead contamination in drinking water in Californias public schools. A full description of the information provided to the technical assistance provider pursuant to subdivision (b) shall be provided, as well as the number and location of schools that found water at a potable water system outlet with lead levels exceeding five parts per billion.(2) Provide recommendations on all of the following:(A) The most health-protective and cost-effective sampling and remediation strategies for addressing drinking water lead contamination in schools, and reducing lead levels in drinking water in at all potable water system outlets in schools to as close to zero lead as possible, but no more than five parts per billion.(B) Strategies for protecting the health of all pupils, especially pupils attending schools in which at least 75 percent of the pupils enrolled are eligible for free and reduced-priced meals, and schools located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.(C) Addressing the needs, implementation, and capacity challenges of local educational agencies of varying enrollment sizes, and of varying geographic locations.(D) Promoting effective communication between local educational agencies and parents, caregivers, and the public on drinking water lead level concerns, and supporting the ability of local educational agencies to engage in effective collaboration with partners to accomplish drinking water lead sampling and remediation.(3) Compare the cost effectiveness, cost-effectiveness, feasibility, and potential challenges and health benefits of implementing the short-term and permanent control measures specified in Module 6 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual on school campuses.(d) On or before July 15, 2028, the Superintendent shall provide the report developed pursuant to subdivision (c) to the Department of Finance and the relevant policy and fiscal committees of the Legislature, consistent with Section 9795 of the Government Code. The Superintendent shall make the report and the information provided to the technical assistance provider pursuant to subdivision (b) publicly available on the departments internet website.32248.5.This article shall be implemented only upon the enactment of an appropriation in the annual Budget Act or another statute for these purposes.32248.5. To the extent available, moneys deposited in the Federal Trust Fund, which were received under the federal State and Local Fiscal Recovery Fund program and are available for expenditure on water infrastructure projects, shall be used for purposes of this article.
81+ Article 4.5. Schoolsite Lead Testing32247. For the purposes of this article, the following definitions apply:(a) Eligible facility means a facility that is on a schoolsite and that has plumbing that was installed before January 1, 2010.(b) Local educational agency means a school district, county office of education, or charter school.(c) Participating local educational agency means a local educational agency that has been selected by the Superintendent to participate in the pilot program and has consented to participation pursuant to Section 32247.5.(d) Pilot program means the program established in this article.(e) Potable water system outlet means all cold water outlets, including single-handle faucets that dispense both hot and cold water, which are reasonably expected to be used for drinking and food preparation as depicted in Module 4 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual.(f) Technical assistance provider means a public institution of higher education selected by the Superintendent that provides technical assistance to participating local educational agencies for purposes of the pilot program.32247.5. (a) The Superintendent shall establish a pilot program to accomplish both of the following:(1) Test for and remediate lead contamination in drinking water at eligible facilities of participating local educational agencies.(2) Inform recommendations, developed pursuant to Section 32248, for addressing lead contamination in drinking water in local educational agencies across the state.(b) The Superintendent shall select no fewer than 6 and no more than 10 local educational agencies of varying enrollment sizes and notify those local educational agencies of their selection by December July 1, 2025. In selecting local educational agencies, the Superintendent shall give priority to the following:(1) Local educational agencies with at least one school that serves pupils in transitional kindergarten, kindergarten, and grades 1 to 3, inclusive, where at least 75 percent of the pupils enrolled in the school are eligible for free and reduced-priced meals, as defined in Section 42238.01.(2) Local educational agencies with schools that are located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.(c) (1) A local educational agency shall not be required to participate in the pilot program.(2) A local educational agency choosing to participate in the pilot program shall provide the following to the Superintendent within 90 days of the Superintendents decision and notification pursuant to subdivision (b):(A) Written consent.(B) Information deemed necessary by the Superintendent to confirm that the local educational agency has at least one eligible facility and to calculate the amount of grant funding to be issued to the local educational agency pursuant to subdivision (d).(d) (1) The Superintendent shall provide grants to participating local educational agencies for testing drinking water lead levels, remediating lead in drinking water at eligible facilities, and contracting with the technical assistance provider.(2) (A) For purposes of providing grants to participating local educational agencies pursuant to paragraph (1), the Superintendent shall provide grant funding to each participating local educational agency according to the enrollment from the most recent year available at the schoolsites with the eligible facilities.(B) Any unspent funds after July 1, 2027, shall be returned to the Superintendent and disbursed by the Superintendent to other grantees in need of additional funding for testing or remediation. A local educational agency that receives additional redistributed funds after July 1, 2027, may use those funds for testing or remediation until December 31, 2027.(3) Administrative and managerial contracts entered into under this section are exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and the Superintendent may award those contracts on a noncompetitive bid basis as necessary to implement the purposes of this article.(e) The technical assistance provider shall advise participating local educational agencies on the drinking water lead level sampling, remediation, and notification requirements specified in subdivisions (f) and (g).(f) Participating local educational agencies shall ensure that drinking water sampling pursuant to this article meets all of the following requirements:(1) Sampling for lead in drinking water shall be conducted at all potable water system outlets of an eligible facility.(2) Sampling shall be conducted in accordance with Modules 4 and 5 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual, or subsequent United States Environmental Protection Agency guidance as identified by the State Water Resources Control Board. Flushing shall not be used to collect a first draw sample.(3) A laboratory that evaluates a water sample for purposes of this section shall have current accreditation pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code.(g) (1) If sampling results show lead levels in excess of five parts per billion for any potable water system outlet, the participating local educational agency shall do all of the following:(A) (i) Notify the parents and guardians of the pupils who attend the school where the elevated lead levels are found no later than 30 schooldays after receiving the test results during the school year, or otherwise within 60 days after receiving the sampling results, and provide information developed by the State Department of Public Health on the impact of elevated lead levels on children.(ii) The participating local educational agency may include a description of a remediation plan as part of the notice provided pursuant to clause (i).(B) Take immediate steps to make inoperable and shut down from use all potable water system outlets where the excess lead levels may exist.(C) (i) Ensure that a lead-free source of drinking water is provided for pupils at each potable water system outlet that has been shut down due to elevated lead levels.(ii) For purposes of clause (i), providing a lead-free source of drinking water may include, but is not limited to, replacing any fixtures that may be contributing to the elevated lead levels, providing onsite water filtration, or providing bottled water.(D) Retest potable water system outlets where replacement was used to remediate excess levels of lead, to determine if replacement successfully reduced lead levels to below five parts per billion.(E) Conduct additional sampling of potable water system outlets as recommended by the technical assistance provider to investigate the source of lead contamination, and consult with the technical assistance provider to identify additional remediation options, if results from the sampling required under subparagraph (D) continue to show lead levels in excess of five parts per billion.(2) A potable water system outlet shall not be used to provide potable water until test results show lead levels below five parts per billion.(3) In meeting the requirements of this subdivision, the participating local educational agency shall select the remediation method, except that a participating local educational agency shall not attempt to remediate excess levels of lead by flushing the water in a potable water system outlet.32248. (a) On or before September 1, 2027, the technical assistance provider shall make testing results received from participating local educational agencies to date available upon request.(b) On or before January 1, 2028, participating local educational agencies shall report to the technical assistance provider, and the technical assistance provider shall report to the Superintendent, the following information in a standard electronic format:(1) The name of the participating local educational agency.(2) The name of the school where sampling was conducted pursuant to this article.(3) The school address.(4) The identification number for the potable water system outlet.(5) The date sampling was conduced. conducted.(6) The amount of lead contained in the sample, in parts per billion.(7) A description of any remediation action taken, reported as any of the following categories:(A) Faucet replaced.(B) Filter installed.(C) Faucet decommissioned.(D) Replaced faucet failed to reduce lead levels to less than five parts per billion.(E) Alternative source of water provided.(F) Other, including alternative remediation actions in which a replaced faucet has failed to reduce lead levels to less than five parts per billion.(b)(c) On or before July 1, 2028, the technical assistance provider shall provide the Superintendent with a report containing a completed analysis of the pilot programs results. The analysis shall analyze the pilot programs sampling results, and the sampling, remediation, and notification methods employed during the pilot program. The analysis shall also do all of the following:(1) Provide a better understanding of the level and sources of lead contamination in drinking water in Californias public schools. A full description of the information provided to the technical assistance provider pursuant to subdivision (a) (b) shall be provided, as well as the number and location of schools that found a potable water system outlet with lead levels exceeding five parts per billion.(2) Provide recommendations on all of the following:(A) The most health-protective and cost-effective sampling and remediation strategies for addressing drinking water lead contamination in schools, and reducing lead levels in drinking water in all potable water system outlets in schools to as close to zero lead as possible, but no more than five parts per billion.(B) Strategies for protecting the health of all pupils, especially pupils attending schools in which at least 75 percent of the pupils enrolled are eligible for free and reduced-priced meals, and schools located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.(C) Addressing the needs, implementation, and capacity challenges of local educational agencies of varying enrollment sizes, and of varying geographic locations.(D) Promoting effective communication between local educational agencies and parents, caregivers, and the public on drinking water lead level concerns, and supporting the ability of local educational agencies to engage in effective collaboration with partners to accomplish drinking water lead sampling and remediation.(3)Evaluate the cost effectiveness, feasibility, and the potential challenges and health benefits of installing certified, lead-removing filtration devices on school campuses in lieu of other remediation efforts.(3) Compare the cost effectiveness, feasibility, and potential challenges and health benefits of implementing the short-term and permanent control measures specified in Module 6 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual on school campuses.(c)(d) On or before July 15, 2028, the Superintendent shall provide the report developed pursuant to subdivision (b) (c) to the Department of Finance and the relevant policy and fiscal committees of the Legislature, consistent with Section 9795 of the Government Code. The Superintendent shall make the report and the information provided to the technical assistance provider pursuant to subdivision (a) (b) publicly available on the departments internet website.32248.5. This article shall be implemented only upon the enactment of an appropriation in the annual Budget Act or another statute for these purposes.
8582
8683 Article 4.5. Schoolsite Lead Testing
8784
8885 Article 4.5. Schoolsite Lead Testing
8986
9087 32247. For the purposes of this article, the following definitions apply:(a) Eligible facility means a facility that is on a schoolsite and that has plumbing that was installed before January 1, 2010.(b) Local educational agency means a school district, county office of education, or charter school.(c) Participating local educational agency means a local educational agency that has been selected by the Superintendent to participate in the pilot program and has consented to participation pursuant to Section 32247.5.(d) Pilot program means the program established in this article.(e) Potable water system outlet means all cold water outlets, including single-handle faucets that dispense both hot and cold water, which are reasonably expected to be used for drinking and food preparation as depicted in Module 4 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual.(f) Technical assistance provider means a public institution of higher education selected by the Superintendent that provides technical assistance to participating local educational agencies for purposes of the pilot program.
9188
9289
9390
9491 32247. For the purposes of this article, the following definitions apply:
9592
9693 (a) Eligible facility means a facility that is on a schoolsite and that has plumbing that was installed before January 1, 2010.
9794
9895 (b) Local educational agency means a school district, county office of education, or charter school.
9996
10097 (c) Participating local educational agency means a local educational agency that has been selected by the Superintendent to participate in the pilot program and has consented to participation pursuant to Section 32247.5.
10198
10299 (d) Pilot program means the program established in this article.
103100
104101 (e) Potable water system outlet means all cold water outlets, including single-handle faucets that dispense both hot and cold water, which are reasonably expected to be used for drinking and food preparation as depicted in Module 4 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual.
105102
106103 (f) Technical assistance provider means a public institution of higher education selected by the Superintendent that provides technical assistance to participating local educational agencies for purposes of the pilot program.
107104
108-32247.5. (a) The Superintendent shall establish a pilot program to accomplish both of the following:(1) Test for and remediate lead contamination in drinking water at eligible facilities of participating local educational agencies.(2) Inform recommendations, developed pursuant to Section 32248, for addressing lead contamination in drinking water in local educational agencies across the state.(b) The Superintendent shall select no fewer than 6 and no more than 10 local educational agencies of varying enrollment sizes and notify those local educational agencies of their selection by July 1, 2025. In selecting local educational agencies, the Superintendent shall give priority to the following:(1) Local educational agencies with at least one school that serves pupils in transitional kindergarten, kindergarten, and grades 1 to 3, inclusive, where at least 75 percent of the pupils enrolled in the school are eligible for free and reduced-priced meals, as defined in Section 42238.01.(2) Local educational agencies with schools that are located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.(c) (1) A local educational agency shall not be required to participate in the pilot program.(2) A local educational agency choosing to participate in the pilot program shall provide the following to the Superintendent within 90 days of the Superintendents decision and notification pursuant to subdivision (b):(A) Written consent.(B) Information deemed necessary by the Superintendent to confirm that the local educational agency has at least one eligible facility and to calculate the amount of grant funding to be issued to the local educational agency pursuant to subdivision (d).(d) (1) The Superintendent shall provide grants to participating local educational agencies for testing drinking water lead levels, remediating lead in drinking water at eligible facilities, and contracting with the technical assistance provider.(2) (A) For purposes of providing grants to participating local educational agencies pursuant to paragraph (1), the Superintendent shall provide grant funding to each participating local educational agency according to the enrollment from the most recent year available at the schoolsites with the eligible facilities.(B) Any unspent funds after July 1, 2027, shall be returned to the Superintendent and disbursed by the Superintendent to other grantees in need of additional funding for testing or remediation. A local educational agency that receives additional redistributed funds after July 1, 2027, may use those funds for testing or remediation until December 31, 2027.(3) Administrative and managerial contracts entered into under this section are exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and the Superintendent may award those contracts on a noncompetitive bid basis as necessary to implement the purposes of this article.(e) The technical assistance provider shall advise participating local educational agencies on the drinking water lead level sampling, remediation, and notification requirements specified in subdivisions (f) and (g).(f) Participating local educational agencies shall ensure that drinking water sampling pursuant to this article meets all of the following requirements:(1) Sampling for lead in drinking water shall be conducted at all potable water system outlets of an eligible facility.(2) Sampling shall be conducted in accordance with Modules 4 and 5 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual, or subsequent United States Environmental Protection Agency guidance as identified by the State Water Resources Control Board. Flushing shall not be used to collect a first draw sample.(3) A laboratory that evaluates a water sample for purposes of this section shall have current accreditation pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code.(g) (1) If sampling results show lead levels in excess of five parts per billion for in water at any potable water system outlet, the participating local educational agency shall do all of the following:(A) (i) Notify the parents and guardians of the pupils who attend the school where the elevated lead levels are found no later than 30 schooldays after receiving the test results during the school year, or otherwise within 60 days after receiving the sampling results, and provide information developed by the State Department of Public Health on the impact of elevated lead levels on children.(ii) The participating local educational agency may include a description of a remediation plan as part of the notice provided pursuant to clause (i).(B) Take immediate steps to make inoperable and shut down from use all potable water use at potable water system outlets where the excess lead levels may exist.(C) (i) Ensure that a lead-free source of drinking water is provided for pupils at each potable water system outlet that has been shut down due to elevated lead levels.(ii) For purposes of clause (i), providing a lead-free source of drinking water may include, but is not limited to, replacing any fixtures that may be contributing to the elevated lead levels, potable water system outlets, providing onsite water filtration, or providing bottled water.(D) Retest water at potable water system outlets where replacement was used to remediate excess levels of lead, to determine if replacement the remediation successfully reduced lead levels to below five parts per billion.(E) Conduct additional sampling of water at potable water system outlets as recommended by the technical assistance provider to investigate the source of lead contamination, and consult with the technical assistance provider to identify additional remediation options, if results from the sampling required under subparagraph (D) continue to show lead levels in excess of five parts per billion.(2) A potable water system outlet shall not be used to provide potable water until test results show lead levels below five parts per billion.(3) In meeting the requirements of this subdivision, the participating local educational agency shall select the remediation method, except that a participating local educational agency shall not attempt to remediate excess levels of lead by flushing the water in through a potable water system outlet.(4) If onsite water filtration is used to meet the requirements of this subdivision, the onsite water filtration device shall be certified by an independent American National Standards Institute (ANSI) accredited third-party certification body to NSF/ANSI 53 for lead reduction and NSF/ANSI 42 for particulate reduction (Class 1).(5) In meeting the requirements of this subdivision, a fixture shall meet the requirements of Sections 116875 and 116876 of the Health and Safety Code.
105+32247.5. (a) The Superintendent shall establish a pilot program to accomplish both of the following:(1) Test for and remediate lead contamination in drinking water at eligible facilities of participating local educational agencies.(2) Inform recommendations, developed pursuant to Section 32248, for addressing lead contamination in drinking water in local educational agencies across the state.(b) The Superintendent shall select no fewer than 6 and no more than 10 local educational agencies of varying enrollment sizes and notify those local educational agencies of their selection by December July 1, 2025. In selecting local educational agencies, the Superintendent shall give priority to the following:(1) Local educational agencies with at least one school that serves pupils in transitional kindergarten, kindergarten, and grades 1 to 3, inclusive, where at least 75 percent of the pupils enrolled in the school are eligible for free and reduced-priced meals, as defined in Section 42238.01.(2) Local educational agencies with schools that are located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.(c) (1) A local educational agency shall not be required to participate in the pilot program.(2) A local educational agency choosing to participate in the pilot program shall provide the following to the Superintendent within 90 days of the Superintendents decision and notification pursuant to subdivision (b):(A) Written consent.(B) Information deemed necessary by the Superintendent to confirm that the local educational agency has at least one eligible facility and to calculate the amount of grant funding to be issued to the local educational agency pursuant to subdivision (d).(d) (1) The Superintendent shall provide grants to participating local educational agencies for testing drinking water lead levels, remediating lead in drinking water at eligible facilities, and contracting with the technical assistance provider.(2) (A) For purposes of providing grants to participating local educational agencies pursuant to paragraph (1), the Superintendent shall provide grant funding to each participating local educational agency according to the enrollment from the most recent year available at the schoolsites with the eligible facilities.(B) Any unspent funds after July 1, 2027, shall be returned to the Superintendent and disbursed by the Superintendent to other grantees in need of additional funding for testing or remediation. A local educational agency that receives additional redistributed funds after July 1, 2027, may use those funds for testing or remediation until December 31, 2027.(3) Administrative and managerial contracts entered into under this section are exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and the Superintendent may award those contracts on a noncompetitive bid basis as necessary to implement the purposes of this article.(e) The technical assistance provider shall advise participating local educational agencies on the drinking water lead level sampling, remediation, and notification requirements specified in subdivisions (f) and (g).(f) Participating local educational agencies shall ensure that drinking water sampling pursuant to this article meets all of the following requirements:(1) Sampling for lead in drinking water shall be conducted at all potable water system outlets of an eligible facility.(2) Sampling shall be conducted in accordance with Modules 4 and 5 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual, or subsequent United States Environmental Protection Agency guidance as identified by the State Water Resources Control Board. Flushing shall not be used to collect a first draw sample.(3) A laboratory that evaluates a water sample for purposes of this section shall have current accreditation pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code.(g) (1) If sampling results show lead levels in excess of five parts per billion for any potable water system outlet, the participating local educational agency shall do all of the following:(A) (i) Notify the parents and guardians of the pupils who attend the school where the elevated lead levels are found no later than 30 schooldays after receiving the test results during the school year, or otherwise within 60 days after receiving the sampling results, and provide information developed by the State Department of Public Health on the impact of elevated lead levels on children.(ii) The participating local educational agency may include a description of a remediation plan as part of the notice provided pursuant to clause (i).(B) Take immediate steps to make inoperable and shut down from use all potable water system outlets where the excess lead levels may exist.(C) (i) Ensure that a lead-free source of drinking water is provided for pupils at each potable water system outlet that has been shut down due to elevated lead levels.(ii) For purposes of clause (i), providing a lead-free source of drinking water may include, but is not limited to, replacing any fixtures that may be contributing to the elevated lead levels, providing onsite water filtration, or providing bottled water.(D) Retest potable water system outlets where replacement was used to remediate excess levels of lead, to determine if replacement successfully reduced lead levels to below five parts per billion.(E) Conduct additional sampling of potable water system outlets as recommended by the technical assistance provider to investigate the source of lead contamination, and consult with the technical assistance provider to identify additional remediation options, if results from the sampling required under subparagraph (D) continue to show lead levels in excess of five parts per billion.(2) A potable water system outlet shall not be used to provide potable water until test results show lead levels below five parts per billion.(3) In meeting the requirements of this subdivision, the participating local educational agency shall select the remediation method, except that a participating local educational agency shall not attempt to remediate excess levels of lead by flushing the water in a potable water system outlet.
109106
110107
111108
112109 32247.5. (a) The Superintendent shall establish a pilot program to accomplish both of the following:
113110
114111 (1) Test for and remediate lead contamination in drinking water at eligible facilities of participating local educational agencies.
115112
116113 (2) Inform recommendations, developed pursuant to Section 32248, for addressing lead contamination in drinking water in local educational agencies across the state.
117114
118-(b) The Superintendent shall select no fewer than 6 and no more than 10 local educational agencies of varying enrollment sizes and notify those local educational agencies of their selection by July 1, 2025. In selecting local educational agencies, the Superintendent shall give priority to the following:
115+(b) The Superintendent shall select no fewer than 6 and no more than 10 local educational agencies of varying enrollment sizes and notify those local educational agencies of their selection by December July 1, 2025. In selecting local educational agencies, the Superintendent shall give priority to the following:
119116
120117 (1) Local educational agencies with at least one school that serves pupils in transitional kindergarten, kindergarten, and grades 1 to 3, inclusive, where at least 75 percent of the pupils enrolled in the school are eligible for free and reduced-priced meals, as defined in Section 42238.01.
121118
122119 (2) Local educational agencies with schools that are located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.
123120
124121 (c) (1) A local educational agency shall not be required to participate in the pilot program.
125122
126123 (2) A local educational agency choosing to participate in the pilot program shall provide the following to the Superintendent within 90 days of the Superintendents decision and notification pursuant to subdivision (b):
127124
128125 (A) Written consent.
129126
130127 (B) Information deemed necessary by the Superintendent to confirm that the local educational agency has at least one eligible facility and to calculate the amount of grant funding to be issued to the local educational agency pursuant to subdivision (d).
131128
132129 (d) (1) The Superintendent shall provide grants to participating local educational agencies for testing drinking water lead levels, remediating lead in drinking water at eligible facilities, and contracting with the technical assistance provider.
133130
134131 (2) (A) For purposes of providing grants to participating local educational agencies pursuant to paragraph (1), the Superintendent shall provide grant funding to each participating local educational agency according to the enrollment from the most recent year available at the schoolsites with the eligible facilities.
135132
136133 (B) Any unspent funds after July 1, 2027, shall be returned to the Superintendent and disbursed by the Superintendent to other grantees in need of additional funding for testing or remediation. A local educational agency that receives additional redistributed funds after July 1, 2027, may use those funds for testing or remediation until December 31, 2027.
137134
138135 (3) Administrative and managerial contracts entered into under this section are exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and the Superintendent may award those contracts on a noncompetitive bid basis as necessary to implement the purposes of this article.
139136
140137 (e) The technical assistance provider shall advise participating local educational agencies on the drinking water lead level sampling, remediation, and notification requirements specified in subdivisions (f) and (g).
141138
142139 (f) Participating local educational agencies shall ensure that drinking water sampling pursuant to this article meets all of the following requirements:
143140
144141 (1) Sampling for lead in drinking water shall be conducted at all potable water system outlets of an eligible facility.
145142
146143 (2) Sampling shall be conducted in accordance with Modules 4 and 5 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual, or subsequent United States Environmental Protection Agency guidance as identified by the State Water Resources Control Board. Flushing shall not be used to collect a first draw sample.
147144
148145 (3) A laboratory that evaluates a water sample for purposes of this section shall have current accreditation pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code.
149146
150-(g) (1) If sampling results show lead levels in excess of five parts per billion for in water at any potable water system outlet, the participating local educational agency shall do all of the following:
147+(g) (1) If sampling results show lead levels in excess of five parts per billion for any potable water system outlet, the participating local educational agency shall do all of the following:
151148
152149 (A) (i) Notify the parents and guardians of the pupils who attend the school where the elevated lead levels are found no later than 30 schooldays after receiving the test results during the school year, or otherwise within 60 days after receiving the sampling results, and provide information developed by the State Department of Public Health on the impact of elevated lead levels on children.
153150
154151 (ii) The participating local educational agency may include a description of a remediation plan as part of the notice provided pursuant to clause (i).
155152
156-(B) Take immediate steps to make inoperable and shut down from use all potable water use at potable water system outlets where the excess lead levels may exist.
153+(B) Take immediate steps to make inoperable and shut down from use all potable water system outlets where the excess lead levels may exist.
157154
158155 (C) (i) Ensure that a lead-free source of drinking water is provided for pupils at each potable water system outlet that has been shut down due to elevated lead levels.
159156
160-(ii) For purposes of clause (i), providing a lead-free source of drinking water may include, but is not limited to, replacing any fixtures that may be contributing to the elevated lead levels, potable water system outlets, providing onsite water filtration, or providing bottled water.
157+(ii) For purposes of clause (i), providing a lead-free source of drinking water may include, but is not limited to, replacing any fixtures that may be contributing to the elevated lead levels, providing onsite water filtration, or providing bottled water.
161158
162-(D) Retest water at potable water system outlets where replacement was used to remediate excess levels of lead, to determine if replacement the remediation successfully reduced lead levels to below five parts per billion.
159+(D) Retest potable water system outlets where replacement was used to remediate excess levels of lead, to determine if replacement successfully reduced lead levels to below five parts per billion.
163160
164-(E) Conduct additional sampling of water at potable water system outlets as recommended by the technical assistance provider to investigate the source of lead contamination, and consult with the technical assistance provider to identify additional remediation options, if results from the sampling required under subparagraph (D) continue to show lead levels in excess of five parts per billion.
161+(E) Conduct additional sampling of potable water system outlets as recommended by the technical assistance provider to investigate the source of lead contamination, and consult with the technical assistance provider to identify additional remediation options, if results from the sampling required under subparagraph (D) continue to show lead levels in excess of five parts per billion.
165162
166163 (2) A potable water system outlet shall not be used to provide potable water until test results show lead levels below five parts per billion.
167164
168-(3) In meeting the requirements of this subdivision, the participating local educational agency shall select the remediation method, except that a participating local educational agency shall not attempt to remediate excess levels of lead by flushing the water in through a potable water system outlet.
165+(3) In meeting the requirements of this subdivision, the participating local educational agency shall select the remediation method, except that a participating local educational agency shall not attempt to remediate excess levels of lead by flushing the water in a potable water system outlet.
169166
170-(4) If onsite water filtration is used to meet the requirements of this subdivision, the onsite water filtration device shall be certified by an independent American National Standards Institute (ANSI) accredited third-party certification body to NSF/ANSI 53 for lead reduction and NSF/ANSI 42 for particulate reduction (Class 1).
171-
172-(5) In meeting the requirements of this subdivision, a fixture shall meet the requirements of Sections 116875 and 116876 of the Health and Safety Code.
173-
174-32248. (a) On or before September 1, 2027, the technical assistance provider shall make testing results received from participating local educational agencies to date available upon request.(b) On or before January 1, 2028, participating local educational agencies shall report to the technical assistance provider, and the technical assistance provider shall report to the Superintendent, the following information in a standard electronic format:(1) The name of the participating local educational agency.(2) The name of the school where sampling was conducted pursuant to this article.(3) The school address.(4) The identification number for the potable water system outlet.(5) The date sampling was conducted.(6) The amount of lead contained in the sample, in parts per billion.(7) A description of any remediation action taken, reported as any of the following categories:(A)Faucet replaced.(A) Replacement of potable water system outlets.(B) Filter Filtration device installed.(C) Faucet Potable water system outlet decommissioned.(D) Replaced faucet potable water system outlet failed to reduce lead levels to less than five parts per billion.(E) Alternative Bottled water or other alternative source of water provided.(F) Other, including alternative remediation actions in which a replaced faucet potable water system outlet has failed to reduce lead levels to less than five parts per billion.(c) On or before July 1, 2028, the technical assistance provider shall provide the Superintendent with a report containing a completed analysis of the pilot programs results. The analysis shall analyze the pilot programs sampling results, and the sampling, remediation, and notification methods employed during the pilot program. The analysis shall also do all of the following:(1) Provide a better understanding of the level and sources of lead contamination in drinking water in Californias public schools. A full description of the information provided to the technical assistance provider pursuant to subdivision (b) shall be provided, as well as the number and location of schools that found water at a potable water system outlet with lead levels exceeding five parts per billion.(2) Provide recommendations on all of the following:(A) The most health-protective and cost-effective sampling and remediation strategies for addressing drinking water lead contamination in schools, and reducing lead levels in drinking water in at all potable water system outlets in schools to as close to zero lead as possible, but no more than five parts per billion.(B) Strategies for protecting the health of all pupils, especially pupils attending schools in which at least 75 percent of the pupils enrolled are eligible for free and reduced-priced meals, and schools located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.(C) Addressing the needs, implementation, and capacity challenges of local educational agencies of varying enrollment sizes, and of varying geographic locations.(D) Promoting effective communication between local educational agencies and parents, caregivers, and the public on drinking water lead level concerns, and supporting the ability of local educational agencies to engage in effective collaboration with partners to accomplish drinking water lead sampling and remediation.(3) Compare the cost effectiveness, cost-effectiveness, feasibility, and potential challenges and health benefits of implementing the short-term and permanent control measures specified in Module 6 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual on school campuses.(d) On or before July 15, 2028, the Superintendent shall provide the report developed pursuant to subdivision (c) to the Department of Finance and the relevant policy and fiscal committees of the Legislature, consistent with Section 9795 of the Government Code. The Superintendent shall make the report and the information provided to the technical assistance provider pursuant to subdivision (b) publicly available on the departments internet website.
167+32248. (a) On or before September 1, 2027, the technical assistance provider shall make testing results received from participating local educational agencies to date available upon request.(b) On or before January 1, 2028, participating local educational agencies shall report to the technical assistance provider, and the technical assistance provider shall report to the Superintendent, the following information in a standard electronic format:(1) The name of the participating local educational agency.(2) The name of the school where sampling was conducted pursuant to this article.(3) The school address.(4) The identification number for the potable water system outlet.(5) The date sampling was conduced. conducted.(6) The amount of lead contained in the sample, in parts per billion.(7) A description of any remediation action taken, reported as any of the following categories:(A) Faucet replaced.(B) Filter installed.(C) Faucet decommissioned.(D) Replaced faucet failed to reduce lead levels to less than five parts per billion.(E) Alternative source of water provided.(F) Other, including alternative remediation actions in which a replaced faucet has failed to reduce lead levels to less than five parts per billion.(b)(c) On or before July 1, 2028, the technical assistance provider shall provide the Superintendent with a report containing a completed analysis of the pilot programs results. The analysis shall analyze the pilot programs sampling results, and the sampling, remediation, and notification methods employed during the pilot program. The analysis shall also do all of the following:(1) Provide a better understanding of the level and sources of lead contamination in drinking water in Californias public schools. A full description of the information provided to the technical assistance provider pursuant to subdivision (a) (b) shall be provided, as well as the number and location of schools that found a potable water system outlet with lead levels exceeding five parts per billion.(2) Provide recommendations on all of the following:(A) The most health-protective and cost-effective sampling and remediation strategies for addressing drinking water lead contamination in schools, and reducing lead levels in drinking water in all potable water system outlets in schools to as close to zero lead as possible, but no more than five parts per billion.(B) Strategies for protecting the health of all pupils, especially pupils attending schools in which at least 75 percent of the pupils enrolled are eligible for free and reduced-priced meals, and schools located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.(C) Addressing the needs, implementation, and capacity challenges of local educational agencies of varying enrollment sizes, and of varying geographic locations.(D) Promoting effective communication between local educational agencies and parents, caregivers, and the public on drinking water lead level concerns, and supporting the ability of local educational agencies to engage in effective collaboration with partners to accomplish drinking water lead sampling and remediation.(3)Evaluate the cost effectiveness, feasibility, and the potential challenges and health benefits of installing certified, lead-removing filtration devices on school campuses in lieu of other remediation efforts.(3) Compare the cost effectiveness, feasibility, and potential challenges and health benefits of implementing the short-term and permanent control measures specified in Module 6 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual on school campuses.(c)(d) On or before July 15, 2028, the Superintendent shall provide the report developed pursuant to subdivision (b) (c) to the Department of Finance and the relevant policy and fiscal committees of the Legislature, consistent with Section 9795 of the Government Code. The Superintendent shall make the report and the information provided to the technical assistance provider pursuant to subdivision (a) (b) publicly available on the departments internet website.
175168
176169
177170
178171 32248. (a) On or before September 1, 2027, the technical assistance provider shall make testing results received from participating local educational agencies to date available upon request.
179172
180173 (b) On or before January 1, 2028, participating local educational agencies shall report to the technical assistance provider, and the technical assistance provider shall report to the Superintendent, the following information in a standard electronic format:
181174
182175 (1) The name of the participating local educational agency.
183176
184177 (2) The name of the school where sampling was conducted pursuant to this article.
185178
186179 (3) The school address.
187180
188181 (4) The identification number for the potable water system outlet.
189182
190-(5) The date sampling was conducted.
183+(5) The date sampling was conduced. conducted.
191184
192185 (6) The amount of lead contained in the sample, in parts per billion.
193186
194187 (7) A description of any remediation action taken, reported as any of the following categories:
195188
196189 (A) Faucet replaced.
197190
191+(B) Filter installed.
192+
193+(C) Faucet decommissioned.
194+
195+(D) Replaced faucet failed to reduce lead levels to less than five parts per billion.
196+
197+(E) Alternative source of water provided.
198+
199+(F) Other, including alternative remediation actions in which a replaced faucet has failed to reduce lead levels to less than five parts per billion.
200+
201+(b)
198202
199203
200-(A) Replacement of potable water system outlets.
201-
202-(B) Filter Filtration device installed.
203-
204-(C) Faucet Potable water system outlet decommissioned.
205-
206-(D) Replaced faucet potable water system outlet failed to reduce lead levels to less than five parts per billion.
207-
208-(E) Alternative Bottled water or other alternative source of water provided.
209-
210-(F) Other, including alternative remediation actions in which a replaced faucet potable water system outlet has failed to reduce lead levels to less than five parts per billion.
211204
212205 (c) On or before July 1, 2028, the technical assistance provider shall provide the Superintendent with a report containing a completed analysis of the pilot programs results. The analysis shall analyze the pilot programs sampling results, and the sampling, remediation, and notification methods employed during the pilot program. The analysis shall also do all of the following:
213206
214-(1) Provide a better understanding of the level and sources of lead contamination in drinking water in Californias public schools. A full description of the information provided to the technical assistance provider pursuant to subdivision (b) shall be provided, as well as the number and location of schools that found water at a potable water system outlet with lead levels exceeding five parts per billion.
207+(1) Provide a better understanding of the level and sources of lead contamination in drinking water in Californias public schools. A full description of the information provided to the technical assistance provider pursuant to subdivision (a) (b) shall be provided, as well as the number and location of schools that found a potable water system outlet with lead levels exceeding five parts per billion.
215208
216209 (2) Provide recommendations on all of the following:
217210
218-(A) The most health-protective and cost-effective sampling and remediation strategies for addressing drinking water lead contamination in schools, and reducing lead levels in drinking water in at all potable water system outlets in schools to as close to zero lead as possible, but no more than five parts per billion.
211+(A) The most health-protective and cost-effective sampling and remediation strategies for addressing drinking water lead contamination in schools, and reducing lead levels in drinking water in all potable water system outlets in schools to as close to zero lead as possible, but no more than five parts per billion.
219212
220213 (B) Strategies for protecting the health of all pupils, especially pupils attending schools in which at least 75 percent of the pupils enrolled are eligible for free and reduced-priced meals, and schools located in a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.
221214
222215 (C) Addressing the needs, implementation, and capacity challenges of local educational agencies of varying enrollment sizes, and of varying geographic locations.
223216
224217 (D) Promoting effective communication between local educational agencies and parents, caregivers, and the public on drinking water lead level concerns, and supporting the ability of local educational agencies to engage in effective collaboration with partners to accomplish drinking water lead sampling and remediation.
225218
226-(3) Compare the cost effectiveness, cost-effectiveness, feasibility, and potential challenges and health benefits of implementing the short-term and permanent control measures specified in Module 6 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual on school campuses.
227-
228-(d) On or before July 15, 2028, the Superintendent shall provide the report developed pursuant to subdivision (c) to the Department of Finance and the relevant policy and fiscal committees of the Legislature, consistent with Section 9795 of the Government Code. The Superintendent shall make the report and the information provided to the technical assistance provider pursuant to subdivision (b) publicly available on the departments internet website.
219+(3)Evaluate the cost effectiveness, feasibility, and the potential challenges and health benefits of installing certified, lead-removing filtration devices on school campuses in lieu of other remediation efforts.
229220
230221
231222
232-This article shall be implemented only upon the enactment of an appropriation in the annual Budget Act or another statute for these purposes.
223+(3) Compare the cost effectiveness, feasibility, and potential challenges and health benefits of implementing the short-term and permanent control measures specified in Module 6 of the United States Environmental Protection Agencys 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities manual on school campuses.
224+
225+(c)
233226
234227
235228
236-32248.5. To the extent available, moneys deposited in the Federal Trust Fund, which were received under the federal State and Local Fiscal Recovery Fund program and are available for expenditure on water infrastructure projects, shall be used for purposes of this article.
229+(d) On or before July 15, 2028, the Superintendent shall provide the report developed pursuant to subdivision (b) (c) to the Department of Finance and the relevant policy and fiscal committees of the Legislature, consistent with Section 9795 of the Government Code. The Superintendent shall make the report and the information provided to the technical assistance provider pursuant to subdivision (a) (b) publicly available on the departments internet website.
230+
231+32248.5. This article shall be implemented only upon the enactment of an appropriation in the annual Budget Act or another statute for these purposes.
237232
238233
239234
240-32248.5. To the extent available, moneys deposited in the Federal Trust Fund, which were received under the federal State and Local Fiscal Recovery Fund program and are available for expenditure on water infrastructure projects, shall be used for purposes of this article.
235+32248.5. This article shall be implemented only upon the enactment of an appropriation in the annual Budget Act or another statute for these purposes.