For purposes of this chapter, “water bottle filling station” means a water dispenser accessible to all people in compliance with the federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) that dispenses clean drinking water directly into a water bottle or other drinking container.
Supplemental ServicesDrinking Water
Section § 38040
This section defines a 'water bottle filling station' as a water dispenser that anyone, including individuals with disabilities, can use to fill water bottles with clean drinking water. It must comply with the Americans with Disabilities Act.
water bottle filling station water dispenser Americans with Disabilities Act compliance
Section § 38041
This law requires new school construction or modernization projects in California to include water bottle filling stations if the projects are submitted three months after the approval of certain statewide bonds for school facilities. Each modernized school must have at least one filling station, while new schools need one for every 350 people. These stations should be installed in high traffic, common areas like hallways and gymnasiums. The water must meet quality standards and stations should be maintained regularly. Schools are encouraged to use touchless and if possible, cooled water stations. Existing stations that meet these standards can count toward the requirement, and those that don't can be upgraded.
(a)Copy CA Education Code § 38041(a)
(1)Copy CA Education Code § 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)CA Education Code § 38041(a)(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)Copy CA Education Code § 38041(b)
(1)Copy CA Education Code § 38041(b)(1) For modernization projects, there shall be a minimum of one water bottle filling station at each school undergoing modernization.
(2)CA Education Code § 38041(b)(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)CA Education Code § 38041(c) Water bottle filling stations shall be
placed in or near high traffic and common areas, such as all of the following:
(1)CA Education Code § 38041(c)(1) Hallways.
(2)CA Education Code § 38041(c)(2) Gymnasiums.
(3)CA Education Code § 38041(c)(3) School food service areas.
(4)CA Education Code § 38041(c)(4) Outdoor recreation areas.
(5)CA Education Code § 38041(c)(5) Faculty lounges.
(d)CA Education Code § 38041(d) Water bottle filling stations shall meet all of the following requirements:
(1)CA Education Code § 38041(d)(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)CA Education Code § 38041(d)(2) Be regularly cleaned to maintain sanitary conditions.
(3)CA Education Code § 38041(d)(3) Be maintained on a regular basis to ensure they function properly.
(e)CA Education Code § 38041(e) Water bottle filling stations may be combined with drinking fountains.
(f)CA Education Code § 38041(f) School districts and governing bodies of charter schools are encouraged to install touchless bottle filling stations for sanitary reasons.
(g)CA Education Code § 38041(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)Copy CA Education Code § 38041(h)
(1)Copy CA Education Code § 38041(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)CA Education Code § 38041(h)(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).
water bottle filling stations new construction modernization projects
Section § 38042
This law requires schools to let students, teachers, and staff bring and carry water bottles. However, water bottles can be banned from places like libraries or labs where having them could be unsafe. Schools are also encouraged to create rules about what kinds of water bottles are allowed.
(a)CA Education Code § 38042(a) A school district or the governing body of a charter school shall allow pupils, teachers, and staff to bring and carry water bottles.
(b)CA Education Code § 38042(b) Water bottles may be excluded from libraries, computer labs, science labs, and other places where it is deemed dangerous to have drinking water.
(c)CA Education Code § 38042(c) School districts and governing bodies of charter schools are encouraged to develop and adopt policies about the type of water bottles that may be carried.
water bottles in school school policies safety in labs
Section § 38043
This law requires school districts and charter schools to inform teachers, staff, parents, and students about their rights by including relevant information in handbooks and online. Additionally, it promotes the encouragement of drinking water among students through education, promotional activities, and signs, emphasizing the availability of water bottle filling stations.
(a)CA Education Code § 38043(a) Administrators of a school district or the governing body of a charter school shall inform teachers, staff, parents, and pupils about their rights under this chapter, including providing information in pupil and employee handbooks and making the information accessible on the internet website of the school district or charter school.
(b)CA Education Code § 38043(b) Administrators of a school district or the governing body of a charter school shall encourage water consumption through promotional and educational activities and signage that focus on the benefits of drinking water and highlight water bottle filling stations throughout schools.
school district administrators charter school governing body informing rights
