2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 3 - LOCAL ADMINISTRATION › PART 23 - SUPPLEMENTAL SERVICES › CHAPTER 2 - Drinking Water › Section 38041.

38041. (a) (1) A new construction or modernization project submitted to the Division of the State Architect pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 by a school district or the governing body of a charter school shall include water bottle filling stations, consistent with the requirements of this section.
(2) The requirements of this section only apply to those projects described in paragraph (1) that are submitted to the Division of the State Architect three months after voters approve a statewide general obligation bond that provides funds for school facilities for kindergarten or any of grades 1 to 12, inclusive, at a statewide election occurring on or after November 1, 2022.
(b) (1) For modernization projects, there shall be a minimum of one water bottle filling station at each school undergoing modernization.
(2) For new construction projects, there shall be a minimum of one water bottle filling station per 350 people at each school being constructed.
(c) Water bottle filling stations shall be placed in or near high traffic and common areas, such as all of the following:
(1) Hallways.
(2) Gymnasiums.
(3) School food service areas.
(4) Outdoor recreation areas.
(5) Faculty lounges.
(d) Water bottle filling stations shall meet all of the following requirements:
(1) Dispense drinking water that meets primary drinking water standards and secondary drinking water standards, as defined in Section 116275 of the Health and Safety Code. The water bottle filling station shall dispense filtered water if necessary to meet those standards.
(2) Be regularly cleaned to maintain sanitary conditions.
(3) Be maintained on a regular basis to ensure they function properly.
(e) Water bottle filling stations may be combined with drinking fountains.
(f) School districts and governing bodies of charter schools are encouraged to install touchless bottle filling stations for sanitary reasons.
(g) School districts and governing bodies of charter schools are encouraged to install water bottle filling stations that dispense cooled water if the water bottle filling stations are located near an electrical source.
(h) (1) An existing water bottle filling station that was installed at a school before the enactment of this chapter shall count toward the minimum number of water bottle filling stations required pursuant to subdivision (b), provided that the water bottle filling station meets the requirements of subdivision (d).
(2) An existing water bottle filling station that was installed at a school before the enactment of this chapter that does not meet the requirements of subdivision (d) may be repaired or improved by a school in order to meet the requirements of subdivision (d). Upon repair or improvement of the water bottle filling station to meet the requirements of subdivision (d), the school may count the water bottle filling station toward the minimum number of water bottle filling stations required pursuant to subdivision (b).
(Added by Stats. 2022, Ch. 793, Sec. 2. (AB 2638) Effective January 1, 2023.)