BILL NUMBER: AB 2704 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 18, 2008
PASSED THE ASSEMBLY AUGUST 19, 2008
AMENDED IN SENATE JULY 7, 2008
AMENDED IN SENATE JUNE 11, 2008
AMENDED IN ASSEMBLY MARCH 25, 2008
INTRODUCED BY Assembly Member Leno
(Coauthor: Senator Torlakson)
FEBRUARY 22, 2008
An act to add Sections 35182.7 and 49571 to the Education Code,
relating to pupil nutrition.
LEGISLATIVE COUNSEL'S DIGEST
AB 2704, Leno. Pupil nutrition: availability of tap water.
Existing law prohibits the governing board of a school district
from entering into a contract that grants exclusive advertising
rights, or grants the right to the exclusive sale of carbonated
beverages, throughout the district to a person, business, or
corporation unless the governing board of the school district has
adopted a policy after a public hearing to ensure that the district
has internal controls in place regarding the expenditure of public
funds.
Under existing law, these provisions are applicable to a contract
for the sale of carbonated beverages or nonnutritious beverages or
nonnutritious food, as defined, within the school district. In
addition, existing law prohibits a governing board from entering into
or renewing that contract or authorizing a school within the
district to enter into or renew that contract, unless the governing
board provides to parents, guardians, pupils, and members of the
public an opportunity to comment on the contract during a public
hearing conducted at a regularly scheduled board meeting. Existing
law also requires the board to clearly identify in the meeting agenda
the contract to be discussed. Existing law further specifies certain
activities that meet the public hearing requirements for beverage
and food contracts. Existing law prohibits the contract from
including a confidentiality clause, and requires the board to make
the contract accessible to the public.
This bill would express findings and declarations of the
Legislature relating to childhood obesity and the significance of the
availability of free tap water at schools in addressing childhood
obesity. The bill, notwithstanding the provisions described above,
would prohibit the governing board of a school district from entering
into, or renewing, a contract that restricts the availability of
free tap water on the school campus. The bill would authorize a
school district to provide free tap water in school food service
areas, as defined in federal regulations, including, but not
necessarily limited to, areas where reimbursable meals under the
National School Lunch Program or the federal School Breakfast Program
are served or consumed.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) A strong and growing body of evidence highlights the link
between diet and health and that diet-related diseases start early in
life.
(b) Increased caloric intake is a key factor contributing to the
alarming increase in obesity in California and the rest of the United
States. According to recent data, rates of childhood obesity are
rising, with one in three children in California being overweight or
obese. These rates show little sign of slowing.
(c) Overweight and obese children are more likely to grow up to
become overweight or obese adults.
(d) Obesity increases the risk of diabetes, heart disease, stroke,
some cancers, and other health problems.
(e) A 2005 study conducted for the State of California found that
costs related to overweight and obesity among adults amount to over
eight billion dollars ($8,000,000,000) annually.
(f) A recent research review found that a key dietary factor
contributing to obesity is the consumption of sweetened beverages.
This review recommended decreased consumption of those products as a
strategy for obesity prevention.
(g) Tap water is a healthy, natural, and safe beverage that is
easy to drink and is free of calories.
(h) Water is a vital nutrient, a basic necessity of life, and is
essential for the maintenance of health. Proper hydration can prevent
health problems, such as kidney stones, and can contribute to mental
acuity, athletic performance, and healthy weight maintenance.
(i) Pupils in many schools lack access to tap water for many
reasons, such as dirty or inoperable fountains, competition from
school beverage contracts, and confusion as to whether free water can
be offered in school cafeterias and other food service areas.
(j) Schools have developed a variety of successful methods for
delivering free tap water, including the use of water fountains,
pitchers of water, and hydration stations.
(k) To help more pupils enjoy the benefits of water at school,
existing barriers to access to tap water must be removed. Important
first steps are removing the competition from beverage contracts and
ending the confusion about water in the school cafeterias.
SEC. 2. Section 35182.7 is added to the Education Code, to read:
35182.7. Notwithstanding any other provision of law, the
governing board of a school district shall not enter into, or renew,
a contract that restricts the availability of free tap water on the
school campus.
SEC. 3. Section 49571 is added to the Education Code, to read:
49571. A school district may provide free tap water in school
food service areas, as defined in federal regulations, including, but
not necessarily limited to, areas where reimbursable meals under the
National School Lunch Program or the federal School Breakfast
Program are served or consumed.