(a) On or before July 1, 2019, the State Department of Education shall adopt new health and safety regulations under Title 5 of the California Code of Regulations that apply to California state preschool programs that meet the conditions specified in subdivision (o) of Section 1596.792. The regulations shall require those programs to have all of the following:

(1) Outdoor shade that is safe and in good repair.

(2) Drinking water that is accessible and readily available throughout the day.

(3) Safe and sanitary restroom facilities with one toilet and handwashing fixture for every 15 children.

(4) Restroom facilities that are only available for preschoolers and kindergartners.

(5) Visual supervision of children at all times.

(6) Indoor and outdoor space that is properly contained or fenced and provides sufficient space for the number of children using the space at any given time. Playground equipment must be safe, in good repair, and age appropriate.

(b) The State Department of Education may adopt emergency regulations pursuant to § 11346.1 of the Government Code to satisfy the requirements of this section. The adoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare.

(c) A violation of regulations adopted pursuant to subdivision (a) or (b) shall not be subject to Section 1596.890.

(Added by Stats. 2018, Ch. 32, Sec. 126. (AB 1808) Effective June 27, 2018.)