BILL NUMBER: AB 80 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 30, 2001
AMENDED IN ASSEMBLY MARCH 27, 2001
INTRODUCED BY Assembly Member Havice
(Coauthors: Assembly Members Chavez, Diaz, Firebaugh, Negrete
McLeod, Robert Pacheco, and Strom-Martin)
JANUARY 4, 2001
An act to add Article 4.5 (commencing with Section 32246) to
Chapter 2 of Part 19 of the Education Code, relating to school
safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 80, as amended, Havice. School safety: lead.
Under the Lead-Safe Schools Protection Act, the State Department
of Health Services is required to survey schools for the purpose of
developing risk factors to predict lead contamination in public
schools. Existing law requires the department to work with the State
Department of Education to develop guidelines to ensure that lead
hazards are minimized in the course of school repair and maintenance
programs and abatement procedures.
This bill would, subject to funding being made available in the
annual Budget Act, require a school district maintaining kindergarten
or any of grades 1 to 6, inclusive, to require its district level
maintenance supervisors to participate in training offered by the
State Department of Health Services through its California Lead-Safe
Schools Project after which the district level maintenance
supervisors would be required to train certain school district
maintenance employees in procedures and methods based on the training
received through the California Lead-Safe Schools Project. These
training program requirements would impose a state-mandated local
program.
The bill would, subject to funding being made available in the
annual Budget Act, require the State Department of Education to
establish the position of an ombudsperson within the department to
field calls from school districts and direct them to the appropriate
department or agency to deal with lead contamination and other
environmental hazards on schoolsites.
The bill would, subject to funding being made available in the
annual Budget Act, require the State Department of Education to
allocate funds to each school district maintaining kindergarten or
any of grades 1 to 6, inclusive, for the purpose of testing for the
presence of lead in drinking water on schoolsites.
The bill would state the intent of the Legislature that funding
for purposes of implementing this act be appropriated in the annual
Budget Act.
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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains certain costs mandated by the
state, reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 4.5 (commencing with Section 32246) is added to
Chapter 2 of Part 19 of the Education Code, to read:
Article 4.5. Lead Safety
32246. (a) Each school district maintaining kindergarten or any
of grades 1 to 6 12 , inclusive, shall
require its district level maintenance supervisors to participate in
training offered by the State Department of Health Services through
its California Lead-Safe Schools Project.
(b) After participating in training pursuant to subdivision (a),
district level maintenance supervisors shall train school district
maintenance employees whose worksites are facilities used as public
elementary schools, public preschools, and public day care facilities
in procedures and methods based on the training offered by the State
Department of Health Services through its California Lead-Safe
Schools Project.
(c) This section applies to school districts whose supervisors and
employees have not received the training required pursuant to this
section within the four years immediately preceding the effective
date of this section.
(d) The requirements imposed by this section are only applicable
if funding is specifically made available for that purpose in the
annual Budget Act.
32247. Subject to funding being made specifically available in
the annual Budget Act, the State Department of Education
Health Services shall establish the position of
an ombudsperson within the department to field calls from school
districts and direct them to the appropriate department or agency to
deal with lead contamination and other environmental hazards on
schoolsites.
32248. Subject to funding being made specifically available in
the annual Budget Act, the State Department of Education shall
allocate funds to each school district maintaining kindergarten or
any of grades 1 to 6 12 , inclusive,
for the purpose of testing for the presence of lead in drinking water
on schoolsites. Available funding shall be allocated as a flat
amount per school or school district.
SEC. 2. It is the intent of the Legislature that funding for
purposes of implementing this act be appropriated in the annual
Budget Act.
SEC. 3. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state in addition to the expenses otherwise
provided for by the state, as specified in Section 2 of this act,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code. If the statewide cost
of the claim for reimbursement does not exceed one million dollars
($1,000,000), reimbursement shall be made from the State Mandates
Claims Fund.