THE DEADLINE HAS EXPIRED for Child Care lead in water testing

DEADLINE EXPIRED - INITIAL LEAD IN WATER SAMPLING FOR LICENSED CHILD CARE CENTERS UNDER ASSEMBLY BILL2370

The January 1, 2023, deadline for initial lead in drinking water sampling in licensed Child Care Centers (CCCs) constructed before January 1, 2010, has officially come and gone. The State of California Department of Social Services (DSS), under Assembly Bill (AB) 2370, Chapter 676, Statutes of 2018, set an initial testing window between January 1, 2020, and January 1, 2023, for CCCs to test their drinking water for potential lead contamination. If no contamination is identified during the initial testing, the recurring sampling must then take place every 5 years.

The exact penalties and sanctions associated with passing the sampling deadline aren’t yet clear, and while some CCCs have been delayed while waiting for State Water Board grant funding, others have elected to absorb the sampling costs internally to ensure their facilities remain operational.

WHAT HAS ELLIS DISCOVERED IN ADMINISTERING, PERFORMING, AND REVIEWING DSS NOTICES FOR AB2370 SAMPLING FOR OUR CLIENTS?

Unlike other flush and draw water sampling efforts, the requirements of AB 2370 are quite intricate and require extensive documentation and form completion at nearly every step. Subsequently, many childcare centers have approached Ellis after initially hiring another firm to perform the sampling in their facility. Believing all was correctly executed, the centers are then surprised to receive notice from DSS requesting supporting documentation, much of which is either lacking in detail or is absent altogether. Most notably, the Child Care Center Sampling Checklist form (LIC 9276), the External Water Sampler Self-Certification Form (LIC 9275), and Facility Sketch (LIC 999) have been found to be missing or improperly completed by other firms. Additionally, other samplers commonly miss providing the ELAP-accredited testing laboratory with the CCCs Facility ID number – the primary route by which results are communicated to the State Water Board and ultimately to the DSS.

WHAT DOES ELLIS DO DIFFERENTLY THAN OTHER FIRMS?

Pulling from our nearly 30 years of environmental management experience, Ellis has taken to approaching this sampling as a turnkey provider. What exactly does that mean? Quite literally, Ellis will review the requirements of the sampling with the prospective client – free consultation, try that with an attorney –  walks them through the specifics of how to count fixtures, provides them with a cost proposal including options to perform not only the sampling, but also fixture preparatory services, and performs those services and documents them in a concise and detailed report. If the client is ever approached by DSS, they have a complete document ready in hand. If an exceedance is identified, Ellis also provides the client with a Plan of Correction template to distribute to guardians and staff – turnkey.   

Please reach out to Ellis if you have yet to perform the initial sampling for AB 2370. Our California Department of Public Health (CDPH)-certified Lead Inspector/Assessor’s and Lead Sampling Technicians are turnkey AB 2370 sampling providers.