Bill Text: CA AB2370 | 2017-2018 | Regular Session | Amended
Bill Title: Lead exposure: child day care facilities: family day care homes.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2018-09-22 - Chaptered by Secretary of State - Chapter 676, Statutes of 2018. [AB2370 Detail]
Download: California-2017-AB2370-Amended.html
Amended
IN
Assembly
March 12, 2018 |
Assembly Bill | No. 2370 |
Introduced by Assembly Member Holden |
February 14, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
The act requires a community water system that serves certain schoolsites to test for lead in the potable water system of the schoolsite, as specified. The act requires the community water system to report its findings to the schoolsite, as specified,
and, if the schoolsite’s lead level exceeds a certain level, to test a water sample from the point at which the schoolsite connects to the community water system’s supply network. The act requires the local educational agency, if the lead level exceeds the specified level at a schoolsite, to notify the parents and guardians of the pupils who attend the schoolsite or preschool and requires the local educational agency to take immediate steps to make inoperable and shut down from use all fountains and faucets where the excess lead levels may exist. The act requires the local educational agency to work with the school site to ensure that a potable source of drinking water is provided for students. The act requires a community water system to prepare a sampling plan for each schoolsite where lead sampling is required under these provisions.
This bill would impose similar requirements on a community water system that serves a licensed child day care facility. This bill
would require the community water system to report its findings to the child day care facility and the State Department of Social Services, as specified, thereby creating a new crime and imposing a state-mandated local program. The bill would require the state board, in collaboration with the State Department of Social Services, to develop informational materials and a notification template for a child day care facility to use when notifying parents and guardians about elevated lead levels.
(3)
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 8278.3 of the Education Code is amended to read:8278.3.
(a) (1) The Child Care Facilities Revolving Fund is hereby established in the State Treasury to provide funding for loans for the renovation, repair, or improvement of an existing building to make the building suitable for licensure for child care and development services, and for the purchase of new relocatable child care facilities for lease to local educational agencies and contracting agencies that provide child care and development services, pursuant to this chapter. The Superintendent may transfer state funds appropriated for child care facilities into this fund for allocation to local educational agencies and contracting agencies, as specified, for the purchase, transportation, and installation of facilities for replacement and expansion of capacity. Local educational agencies and contracting agencies using facilities purchased by the use of these funds shall be charged a leasing fee, either at a fair market value for those facilities or at an amount sufficient to amortize the cost of purchase and relocation, whichever amount is lower, over a 10-year period. Upon full repayment of the purchase and relocation costs, title shall transfer from the State of California to the local educational agency or contracting agency. Loans for renovation or repair shall be repaid within a period that does not exceed 10 years. The Superintendent shall deposit all revenue derived from the lease payments or renovation or repair loan repayments into the Child Care Facilities Revolving Fund.SECTION 1.SEC. 2.
Section 1596.7996 is added to the Health and Safety Code, to read:1596.7996.
(a) A licensed child day care facility, upon enrolling a child, shall request that the child’s parent or guardian provide the child day care facility with documentation demonstrating that the enrolling child has received a blood lead screening test.SEC. 2.SEC. 3.
Section 1596.866 of the Health and Safety Code is amended to read:1596.866.
(a) (1) In addition to other required training, at least one director or teacher at each day care center, and each family day care home licensee who provides care, shall have at least 15 hours of health and safety training, and if applicable, at least one additional hour of training pursuant to clause (ii) of subparagraph (C) of paragraph (2).(a)(1)A community water system that serves a licensed child day care facility shall test for lead in the potable water system of the child care facility on or before July 1, 2020.
(2)The community water system shall report its findings to the child day care facility and the State Department of Social Services within 10 business days after the community water system receives the results from the testing laboratory or within two business days if it is found that the child day care facility’s lead level exceeds 15 parts per billion.
(3)If the lead level exceeds 15 parts per billion, the community water system shall also test a water sample from the point in which the child day care facility connects to the community water system’s supply network to determine the lead level of the water entering the child day care facility from the community water system’s water supply network.
(b)(1)A licensed child day care facility shall allow the community water system access to conduct testing.
(2)If the lead level exceeds 15 parts per billion, the child day care facility shall notify the parents and guardians of the children who
receive care at the child day care facility where the elevated lead levels are found. The state board, in collaboration with the
State Department of Social Services, shall develop informational materials and a notification template for child day care facilities to use when notifying parents and guardians pursuant to this paragraph.
(c)(1)If lead levels exceed 15 parts per billion, the licensed child day care facility shall take immediate steps to make inoperable and shut down from use all fountains and faucets where the excess lead levels may exist. Additional testing may be required to determine if all or just some of the facility’s fountains and faucets are required to be shut down.
(2)Each licensed child day care facility shall ensure that a potable source of drinking water is provided for children in the child
day care facility’s care if fountains or faucets have been shut down due to elevated lead levels. Providing a potable source of drinking water may include, but is not limited to, replacing any pipes or fixtures that are contributing to the elevated lead levels, providing onsite water filtration, or providing bottled water as a short-term remedy.
(d)Each community water system, in cooperation with the State Department of Social Services, shall prepare a sampling plan for child day care facilities. The community water system and the State Department of Social Services may request assistance from the state board or any local health agency responsible for regulating community water systems in developing the plan.
(e)For purposes of this section, the following definitions apply:
(1)“Child day care facility” has the same meaning as in Section 1596.750.
(2)“Potable water system” means water fountains and faucets used for drinking or preparing food.