Legal Alerts Nov 06, 2017

California Water Providers Must Test for Lead in Local Schools’ Water by Mid-2019

AB 746 Imposes Requirements for Water Providers and School Districts

Under a new state law, California water providers will need to test for lead in local schools’ drinking water on or before July 1, 2019. The new law, AB 746, imposes certain requirements on both water providers and school districts.
The law requires water providers to prepare a sampling plan, conduct sampling, notify school officials of the results, and conduct follow-up sampling under certain circumstances. Schools must provide access to water providers to conduct sampling. If lead levels exceed certain limits, schools must shut down any fountains or faucets with excess lead, notify parents and guardians of the excessive lead levels, and take measures to provide potable water for students.
The new law applies to school sites operated by a local school district, county office of education, or a charter school located in a public facility. The law does not, however, apply to school sites constructed or modernized after Jan. 1, 2010, or certain schools where testing was completed since 2009 and publicly posted online.
The State Water Resources Control Board adopted a similar school-testing requirement earlier this year with a permit amendment to all domestic water supply permits. However, the permit amendment only applies when a school superintendent or other authorized school official requests testing. In addition, the permit amendment applies to private as well as public schools. In comparison, AB 746 imposes an affirmative duty on water providers to test, but at public school sites only. Although there is significant overlap between AB 746 and the SWRCB requirement, the SWRCB presently has no plans to withdraw its permit amendment.
If you have any questions about this amendment or how it may impact your agency or school, please contact the authors of this Legal Alert listed to the right in the firm’s Special Districts and Education practice groups, or your BB&K attorney.
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Disclaimer: BB&K Legal Alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqué.

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