California 2023 2023-2024 Regular Session

California Assembly Bill AB2671 Introduced / Bill

Filed 02/14/2024

                    CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2671Introduced by Assembly Member WeberFebruary 14, 2024 An act to add Section 1597.623 to the Health and Safety Code, relating to care facilities. LEGISLATIVE COUNSEL'S DIGESTAB 2671, as introduced, Weber. Family daycare homes: filtered water.Under existing law, the California Child Day Care Facilities Act, the State Department of Social Services licenses and regulates various types of child care facilities, including, but not limited to, family daycare homes. Existing law authorizes a small family daycare home to provide care for up to 8 children, and a large family daycare home to provide care for up to 14 children, as specified. Existing law makes a willful or repeated violation of the act a misdemeanor, and also authorizes the department to levy civil penalties against a family daycare home for failure to comply with applicable laws and regulations, as specified. Existing law requires a family daycare home to comply with specified safety requirements, including, but not limited to, requiring the facility to contain a fire extinguisher or smoke detector device, or both, as specified, that meet standards established by the State Fire Marshal, and a carbon monoxide detector. This bill would require a licensed family daycare home to only serve water to children, or use water in food preparation for the family daycare home, that has been filtered with a point-of-use water filtration device certified to meet specified standards for water safety, and that explicitly claims to remove lead. The bill would require the family daycare home to maintain records and receipts demonstrating that the water filtration device has been maintained, and its filters replaced, as specified. The bill would authorize funds from a specified grant program to be used to provide lead-removing water filters to family daycare homes. Because a violation of this requirement by a family daycare home would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1597.623 is added to the Health and Safety Code, to read:1597.623. (a) (1) A family daycare home licensed under this chapter shall only serve water to children, or use water in food preparation for the family daycare home, that has been filtered with a point-of-use water filtration device certified to meet National Sanitation Foundation of the American National Standards Institute (NSF/ANSI) standards for water safety NSF/ANSI 42 and NSF/ANSI 53, and that explicitly claims to remove lead.(2) A family daycare home shall maintain records and receipts demonstrating that the water filtration device has been maintained, and its filters replaced, in accordance with the manufacturers recommendations.(b) Funds provided to the state from the federal Environmental Protection Agencys Voluntary School and Child Care Lead Testing and Reduction Grant Program in the 2024-25, 2025-26, and 2026-27 fiscal years may be used to provide lead-removing water filters to family daycare homes.(1) Funding priority for provision of water filters pursuant to this paragraph shall be given to family daycare home providers that primarily care for low-income children.(2) Filters provided pursuant to this subdivision shall meet the requirements specified in paragraph (1) of subdivision (a).SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2671Introduced by Assembly Member WeberFebruary 14, 2024 An act to add Section 1597.623 to the Health and Safety Code, relating to care facilities. LEGISLATIVE COUNSEL'S DIGESTAB 2671, as introduced, Weber. Family daycare homes: filtered water.Under existing law, the California Child Day Care Facilities Act, the State Department of Social Services licenses and regulates various types of child care facilities, including, but not limited to, family daycare homes. Existing law authorizes a small family daycare home to provide care for up to 8 children, and a large family daycare home to provide care for up to 14 children, as specified. Existing law makes a willful or repeated violation of the act a misdemeanor, and also authorizes the department to levy civil penalties against a family daycare home for failure to comply with applicable laws and regulations, as specified. Existing law requires a family daycare home to comply with specified safety requirements, including, but not limited to, requiring the facility to contain a fire extinguisher or smoke detector device, or both, as specified, that meet standards established by the State Fire Marshal, and a carbon monoxide detector. This bill would require a licensed family daycare home to only serve water to children, or use water in food preparation for the family daycare home, that has been filtered with a point-of-use water filtration device certified to meet specified standards for water safety, and that explicitly claims to remove lead. The bill would require the family daycare home to maintain records and receipts demonstrating that the water filtration device has been maintained, and its filters replaced, as specified. The bill would authorize funds from a specified grant program to be used to provide lead-removing water filters to family daycare homes. Because a violation of this requirement by a family daycare home would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES 





 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 2671

Introduced by Assembly Member WeberFebruary 14, 2024

Introduced by Assembly Member Weber
February 14, 2024

 An act to add Section 1597.623 to the Health and Safety Code, relating to care facilities. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2671, as introduced, Weber. Family daycare homes: filtered water.

Under existing law, the California Child Day Care Facilities Act, the State Department of Social Services licenses and regulates various types of child care facilities, including, but not limited to, family daycare homes. Existing law authorizes a small family daycare home to provide care for up to 8 children, and a large family daycare home to provide care for up to 14 children, as specified. Existing law makes a willful or repeated violation of the act a misdemeanor, and also authorizes the department to levy civil penalties against a family daycare home for failure to comply with applicable laws and regulations, as specified. Existing law requires a family daycare home to comply with specified safety requirements, including, but not limited to, requiring the facility to contain a fire extinguisher or smoke detector device, or both, as specified, that meet standards established by the State Fire Marshal, and a carbon monoxide detector. This bill would require a licensed family daycare home to only serve water to children, or use water in food preparation for the family daycare home, that has been filtered with a point-of-use water filtration device certified to meet specified standards for water safety, and that explicitly claims to remove lead. The bill would require the family daycare home to maintain records and receipts demonstrating that the water filtration device has been maintained, and its filters replaced, as specified. The bill would authorize funds from a specified grant program to be used to provide lead-removing water filters to family daycare homes. Because a violation of this requirement by a family daycare home would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 1597.623 is added to the Health and Safety Code, to read:1597.623. (a) (1) A family daycare home licensed under this chapter shall only serve water to children, or use water in food preparation for the family daycare home, that has been filtered with a point-of-use water filtration device certified to meet National Sanitation Foundation of the American National Standards Institute (NSF/ANSI) standards for water safety NSF/ANSI 42 and NSF/ANSI 53, and that explicitly claims to remove lead.(2) A family daycare home shall maintain records and receipts demonstrating that the water filtration device has been maintained, and its filters replaced, in accordance with the manufacturers recommendations.(b) Funds provided to the state from the federal Environmental Protection Agencys Voluntary School and Child Care Lead Testing and Reduction Grant Program in the 2024-25, 2025-26, and 2026-27 fiscal years may be used to provide lead-removing water filters to family daycare homes.(1) Funding priority for provision of water filters pursuant to this paragraph shall be given to family daycare home providers that primarily care for low-income children.(2) Filters provided pursuant to this subdivision shall meet the requirements specified in paragraph (1) of subdivision (a).SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 1597.623 is added to the Health and Safety Code, to read:1597.623. (a) (1) A family daycare home licensed under this chapter shall only serve water to children, or use water in food preparation for the family daycare home, that has been filtered with a point-of-use water filtration device certified to meet National Sanitation Foundation of the American National Standards Institute (NSF/ANSI) standards for water safety NSF/ANSI 42 and NSF/ANSI 53, and that explicitly claims to remove lead.(2) A family daycare home shall maintain records and receipts demonstrating that the water filtration device has been maintained, and its filters replaced, in accordance with the manufacturers recommendations.(b) Funds provided to the state from the federal Environmental Protection Agencys Voluntary School and Child Care Lead Testing and Reduction Grant Program in the 2024-25, 2025-26, and 2026-27 fiscal years may be used to provide lead-removing water filters to family daycare homes.(1) Funding priority for provision of water filters pursuant to this paragraph shall be given to family daycare home providers that primarily care for low-income children.(2) Filters provided pursuant to this subdivision shall meet the requirements specified in paragraph (1) of subdivision (a).

SECTION 1. Section 1597.623 is added to the Health and Safety Code, to read:

### SECTION 1.

1597.623. (a) (1) A family daycare home licensed under this chapter shall only serve water to children, or use water in food preparation for the family daycare home, that has been filtered with a point-of-use water filtration device certified to meet National Sanitation Foundation of the American National Standards Institute (NSF/ANSI) standards for water safety NSF/ANSI 42 and NSF/ANSI 53, and that explicitly claims to remove lead.(2) A family daycare home shall maintain records and receipts demonstrating that the water filtration device has been maintained, and its filters replaced, in accordance with the manufacturers recommendations.(b) Funds provided to the state from the federal Environmental Protection Agencys Voluntary School and Child Care Lead Testing and Reduction Grant Program in the 2024-25, 2025-26, and 2026-27 fiscal years may be used to provide lead-removing water filters to family daycare homes.(1) Funding priority for provision of water filters pursuant to this paragraph shall be given to family daycare home providers that primarily care for low-income children.(2) Filters provided pursuant to this subdivision shall meet the requirements specified in paragraph (1) of subdivision (a).

1597.623. (a) (1) A family daycare home licensed under this chapter shall only serve water to children, or use water in food preparation for the family daycare home, that has been filtered with a point-of-use water filtration device certified to meet National Sanitation Foundation of the American National Standards Institute (NSF/ANSI) standards for water safety NSF/ANSI 42 and NSF/ANSI 53, and that explicitly claims to remove lead.(2) A family daycare home shall maintain records and receipts demonstrating that the water filtration device has been maintained, and its filters replaced, in accordance with the manufacturers recommendations.(b) Funds provided to the state from the federal Environmental Protection Agencys Voluntary School and Child Care Lead Testing and Reduction Grant Program in the 2024-25, 2025-26, and 2026-27 fiscal years may be used to provide lead-removing water filters to family daycare homes.(1) Funding priority for provision of water filters pursuant to this paragraph shall be given to family daycare home providers that primarily care for low-income children.(2) Filters provided pursuant to this subdivision shall meet the requirements specified in paragraph (1) of subdivision (a).

1597.623. (a) (1) A family daycare home licensed under this chapter shall only serve water to children, or use water in food preparation for the family daycare home, that has been filtered with a point-of-use water filtration device certified to meet National Sanitation Foundation of the American National Standards Institute (NSF/ANSI) standards for water safety NSF/ANSI 42 and NSF/ANSI 53, and that explicitly claims to remove lead.(2) A family daycare home shall maintain records and receipts demonstrating that the water filtration device has been maintained, and its filters replaced, in accordance with the manufacturers recommendations.(b) Funds provided to the state from the federal Environmental Protection Agencys Voluntary School and Child Care Lead Testing and Reduction Grant Program in the 2024-25, 2025-26, and 2026-27 fiscal years may be used to provide lead-removing water filters to family daycare homes.(1) Funding priority for provision of water filters pursuant to this paragraph shall be given to family daycare home providers that primarily care for low-income children.(2) Filters provided pursuant to this subdivision shall meet the requirements specified in paragraph (1) of subdivision (a).



1597.623. (a) (1) A family daycare home licensed under this chapter shall only serve water to children, or use water in food preparation for the family daycare home, that has been filtered with a point-of-use water filtration device certified to meet National Sanitation Foundation of the American National Standards Institute (NSF/ANSI) standards for water safety NSF/ANSI 42 and NSF/ANSI 53, and that explicitly claims to remove lead.

(2) A family daycare home shall maintain records and receipts demonstrating that the water filtration device has been maintained, and its filters replaced, in accordance with the manufacturers recommendations.

(b) Funds provided to the state from the federal Environmental Protection Agencys Voluntary School and Child Care Lead Testing and Reduction Grant Program in the 2024-25, 2025-26, and 2026-27 fiscal years may be used to provide lead-removing water filters to family daycare homes.

(1) Funding priority for provision of water filters pursuant to this paragraph shall be given to family daycare home providers that primarily care for low-income children.

(2) Filters provided pursuant to this subdivision shall meet the requirements specified in paragraph (1) of subdivision (a).

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

### SEC. 2.