BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 281
                                                                  Page  1

          SENATE THIRD READING
          SB 281 (Maldonado)
          As Amended September 7, 2005
          2/3 vote.  Urgency

           SENATE VOTE  :   Vote not relevant
            
           AGRICULTURE         8-0                                         
           
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          |Ayes:|Matthews, Maze,           |     |                          |
          |     |Blakeslee, Canciamilla,   |     |                          |
          |     |Cogdill,  Parra, Salinas, |     |                          |
          |     |Vargas                    |     |                          |
          |     |                          |     |                          |
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           SUMMARY  :  Creates a new pilot program, the California Fresh  
          Start Pilot Program (Program), to provide fruits and vegetables  
          to K-12 pupils and appropriates $400,000 from the Budget Act of  
          2005 for the Program.  Specifically,  this bill  :   

          1)Establishes within the State Department of Education (SDE),  
            the Program, to be administered by SDE, in consultation with  
            the California Department of Food and Agriculture (CDFA) and  
            the California Department of Health Services (DHS).

          2)Requires SDE, in consultation with CDFA, DHS, and the State  
            Board of Education, to develop emergency regulations necessary  
            to implement the program and establish guidelines for  
            evaluation of the Program.  

          3)Provides that the purpose of the Program is to encourage  
            school districts to provide pupils fresh fruits and  
            vegetables, free of charge, in order to supplement other  
            fruits and vegetables that are available during regular lunch  
            periods.

          4)Appropriates $400,000 from funds included in a specified item  
            of the Budget Act of 2005.  [Schedule (9) of Item 6110-485 of  
            Section 2.00, Chapter 38, Statutes of 2005, as amended by  
            Chapter 39 of the Statutes of 2005] for the purpose of SDE  
            awarding competitive grants to school districts and charter  
            schools as follows:

             a)   No more than $100,000 may be utilized for professional  








                                                                  SB 281
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               training for school district personnel; and,

             b)   No more than $300,000 may be utilized to contract with  
               an independent evaluator, who shall determine the future  
               needs of the Program.

          5)Provides that school districts may apply for reimbursement of  
            $0.10  per meal to supplement their school breakfast program,  
            provided they: 

             a)   Utilize at least 90% of the funds for the direct  
               purchase of fresh fruits and vegetables;

             b)   Do not spend any of the funding on juice; and,

             c)   Employ educational strategies, particularly tasting and  
               sampling of fresh commodities.

           FISCAL EFFECT  :  This bill, in its current form, has not been  
          heard in a fiscal committee of either house.  

           COMMENTS  :  The purpose of this bill is to promote the  
          consumption of fruits and vegetables by school age children.   
          There is a clear need to supplement children's diets with  
          nutritious fruits and vegetables in order to meet daily  
          recommendations.

          Earlier this year, the Assembly Agriculture Committee heard  
          extensive testimony on AB 826 (Nava), which just passed the  
          Assembly Floor September 7, 2005 and is in Enrollment.  This  
          bill has been substantially amended throughout the policy  
          process, and reflects the input of stakeholders who have  
          negotiated with the author and the administration in good faith.

          While this bill continues to exclude juices, according to the  
          author and the Administration, it is the intent that it shall  
          not exclude nutritious fruits and vegetables, whether fresh,  
          frozen, dried, or otherwise processed.

          Related legislation:  AB 826 would create the California Program  
          and requires CDE, in collaboration with CDFA and DHS, to  
          implement the program.  This bill authorizes CDFA, to the extent  
          funding is available, to provide outreach and training of school  
          food service personnel and the agricultural industry in order to  
          facilitate the delivery of fresh fruits and vegetables to school  








                                                                  SB 281
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          cafeterias.  This bill was sent to enrollment on September 7,  
          2005.

          SB 12 (Escutia) would revise nutritional guidelines for schools,  
          and specifies that fruits and non-fried vegetables, among other  
          foods and beverages that meet specific nutritional standards,  
          may be the only foods offered to students, with the exception of  
          food sold as part of a USDA meal program.  This bill was  
          enrolled to the Governor September 7, 2005.


           Analysis Prepared by  :    Dawn Clover / AGRI. / (916) 319-2084 


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