Program Overview

Assembly Bill 2370 Requirements

The basic requirements set forth in Assembly Bill 2370, Chapter 676, Statutes of 2018, are that licensed Child Care Centers (CCC) operating in buildings (facilities) constructed before January 1, 2010 must have their drinking water tested for excessive lead levels by January 1, 2023. This requirement applies to centers only and does not apply to Family Child Care Homes. If lead levels in water exceed an Action Level of 5 parts per billion, centers will be required to take further actions, such as replace fixtures with new fixtures containing no lead or remove the fixtures from use as a drinking or cooking water supply.

For more details, you can read the written directives released by the California Department of Social Services (CDSS).

State Water Board Assistance

The State Legislature has allocated $5 million per Senate Bill 862, Chapter 449, Statutes of 2018, to the State Water Resources Control Board (State Water Board) to assist CCCs in meeting the initial AB 2370 requirements. The State Water Board has funded a program for testing, fixture replacement, and retesting for CCCs meeting certain eligibility requirements for funding assistance. This program is being implemented by an assistance team comprising the California Child Care Resource and Referral Network (R&R Network), California Rural Water Association (CRWA), and the Office of Water Programs (OWP). The R&R Network is partnering with several local child care resource and referral agencies.

The first step for CCCs to be considered for assistance is to complete the Eligibility Form by looking up your CCC.

Eligibility

Per Senate Bill 862, Chapter 449, Statutes of 2018, funding assistance is prioritized based on a combination of factors, such as economic need and age of the children served. The following assistance tiers were further developed based on stakeholder feedback:

Tier 1: CCCs with an infant license, 50% or more registered children receiving subsidized care, operate only one facility, and are built on or before January 1, 2010. Tier 2: CCCs with an infant license, operate only one facility, and are built on or before January 1, 2010. Tier 3: CCCs with an infant license, 50% or more registered children receiving subsidized care, total license capacity is less than 100 children, and are built on or before January 1, 2010. Tier 4: CCCs with a preschool license, 50% or more registered children receiving subsidized care, operate only one facility, and are built on or before January 1, 2010. Tier 5: CCCs with a preschool license, operate only one facility, and are built on or before January 1, 2010. Tier 6: CCCs with a preschool license, 50% or more registered children receiving subsidized care, total license capacity is less than 100 children, and are built on or before January 1, 2010. Tier 7: All other CCCs with facilities built on or before January 1, 2010.

Centers will be placed in the appropriate assistance tier based on their answers on the Eligibility Form. The assistance team will assist the CCCs in Tier 1 first. If resources allow, then Tier 2 CCCs will be assisted, then Tier 3 and so on, meaning the CCCs in each subsequent tier will receive assistance as long as there are available resources and funds. CCCs will be contacted by the assistance team as resources allow.

After you have completed the Eligibility Form, you will be notified which tier your facility qualifies for. You can look up this information, along with the status of your facility within the assistance program process, by searching for your CCC.

How to Apply

If you are interested in receiving State Water Board assistance to meet AB 2370 requirements for your CCC through this assistance program, complete the Eligibility Form. To ensure your CCC is considered in the prioritization process, please complete this form immediately. Final CCC prioritization for assistance will be made by January 15th, 2022.

To fill out the Eligibility Form for your facility, begin by looking up your CCC.

* Funding for this project has been provided in full or in part through an agreement with the State Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.