BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2084| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 2084 Author: Brownley (D), et al Amended: 8/20/10 in Senate Vote: 21 SENATE HEALTH COMMITTEE : 6-1, 6/23/10 AYES: Alquist, Cedillo, Leno, Negrete McLeod, Pavley, Romero NOES: Aanestad NO VOTE RECORDED: Strickland, Cox SENATE APPROPRIATIONS COMMITTEE : 7-4, 8/12/10 AYES: Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee NOES: Ashburn, Emmerson, Walters, Wyland ASSEMBLY FLOOR : 44-26, 5/24/10 - See last page for vote SENATE FLOOR : 19-15, 8/24/10 (FAIL) AYES: Alquist, Calderon, Cedillo, Corbett, DeSaulnier, Florez, Hancock, Kehoe, Leno, Liu, Lowenthal, Negrete McLeod, Padilla, Price, Romero, Simitian, Steinberg, Wolk, Yee NOES: Aanestad, Ashburn, Blakeslee, Cogdill, Correa, Denham, Ducheny, Dutton, Emmerson, Huff, Runner, Strickland, Walters, Wright, Wyland NO VOTE RECORDED: Harman, Hollingsworth, Oropeza, Pavley, Wiggins, Vacancy SUBJECT : Child day care facilities: nutrition SOURCE : California Center for Public Health Advocacy CONTINUED AB 2084 Page 2 California Food Policy Advocates DIGEST : This bill requires a licensed child day care facility, as of January 1, 2012, to follow specified requirements relating to the provision of beverages, with specified exceptions, and allows the Department of Social Services to adapt the provisions. Senate Floor Amendments of 8/20/10 allow the Department of Social Services to update nutrition standards for children in child care settings in accordance with the federal Dietary Guidelines for Americans published by the federal Department of Agriculture and the Department of Health and Human Services, and to adapt the provisions of the bill by bulletin as necessary, and add Senator Leno as a co-author. ANALYSIS : Existing federal law establishes the Child and Adult Care Food Program (CACFP), authorized by the National School Lunch Act which subsidizes meals and snacks for specified populations with the purpose of ensuring adequate nutrition while in care. Existing state law: 1. Authorizes the California Department of Education (CDE) to administer the federal Child Care and Adult Food Program in California. 2. Bans the sale of soda in schools and imposes caloric restrictions on entr?e items sold to pupils in elementary, middle, junior, or high schools, except for food served as part of a United States Department of Agriculture meal program. 3. Under the California Child Day Care Facilities Act (Act), authorizes the Department of Social Services to license and regulate child day care facilities, including child care centers and homes, as defined, and requires that persons or organizations offering child day care must comply with specified licensure requirements. This bill: CONTINUED AB 2084 Page 3 1. Places, as of January 1, 2012, the following requirements on beverages served by providers to children in licensed child day care facilities: A. Only low fat (one percent) or nonfat milk to children two years of age or older. B. No more than one serving per day of 100 percent juice. C. No beverages with added sweeteners, either natural or artificial, excluding infant formula or children's complete balanced nutrition products. D. Clean and safe drinking water must be readily available throughout the day. 2. Specifies that beverages provided by parents or legal guardians, and medical foods when documented by a physician, are exempt from complying with these requirements. 3. Allows DSS to adapt the provisions so that the standards continue to reflect the most recent relevant nutrition science and continue to improve the health of children in child care. 4. CDE states that the department must comply during a regularly scheduled, authorized inspection, and shall not be required to conduct separate and independent visits. 5. Makes findings and declarations about unhealthy taste preferences in early childhood and obesity. Background There are currently 15,140 licensed center-based sites and 42,907 family home sites in California. Collectively, these sites have the capacity to care for 1.2 million children from birth to 12 years of age. Day care homes must be licensed or approved to provide day care services to participate in CACFP. Reimbursement for meals served in CONTINUED AB 2084 Page 4 day care homes is based upon eligibility for tier I rates (which targets higher levels of reimbursement to low-income areas, providers, or children) or lower tier II rates. Tier I day care homes are those that are located in low-income areas, or those in which the provider's household income is at or below 185 percent of the federal income poverty guidelines. Tier II homes are those family day care homes which do not meet the location or provider income criteria for a tier I home. Eligible public or private nonprofit child care centers, outside-school-hours care centers, Head Start programs, and other institutions which are licensed or approved to provide day care services may also participate in CACFP, independently or as sponsored centers. For-profit centers must receive specified federal funding for at least 25 percent of enrolled children or licensed capacity (whichever is less) or at least 25 percent of the children in care must be eligible for free and reduced-price meals. Meals served to children are reimbursed at rates that are based upon a child's eligibility for free, reduced price, or paid meals. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Senate Appropriations Committee: Fiscal Impact (in thousands) Major Provisions 2010-11 2011-12 2012-13 Fund Beverage requirements $150 $150 $150General SUPPORT : (Verified 8/16/10) (Unable to reverify) California Center for Public Health Advocacy (co-source) California Food Policy Advocates (co-source) American Academy of Pediatrics American Cancer Society American Federation of State, County and Municipal Employees American Heart Association CONTINUED AB 2084 Page 5 California Alternative Payment Program Association California Chiropractic Association California Dental Association California Medical Association California Park & Recreation Society California State PTA California Teachers Association California WIC Association Central Coast Hunger Coalition Dental Health Foundation First 5 LA Fresno Metro Ministry Grupo de la Comida Latino Coalition for a Healthy California Plowshares Second Harvest Food Bank, Santa Cruz State Superintendent of Public Instruction ARGUMENTS IN SUPPORT : California Food Policy Advocates (CFPA), co-sponsor of this bill, and supports policies that improve the health and well-being of Californians through increasing consumption of nutritious foods and beverages. Child care represents a great, and largely untapped, opportunity for improving nutrition and shaping lifelong, healthy habits. This bill takes California's successful school nutrition changes and brings these to child care. Given the increasingly important role child care plays for millions of working families in California and the significant amount of time children spend in child care, CFPA believes California must ensure that these children enjoy healthy nutrition environments while in care. ASSEMBLY FLOOR : AYES: Ammiano, Arambula, Beall, Block, Blumenfield, Bradford, Brownley, Buchanan, Caballero, Charles Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De Leon, Eng, Feuer, Fong, Fuentes, Furutani, Galgiani, Hayashi, Hill, Huber, Huffman, Jones, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning, V. Manuel Perez, Portantino, Ruskin, Salas, Skinner, Solorio, Swanson, Torlakson, Torres, Torrico, Yamada, John A. Perez NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill, CONTINUED AB 2084 Page 6 Blakeslee, Conway, Cook, DeVore, Fletcher, Fuller, Gaines, Garrick, Gilmore, Hagman, Harkey, Jeffries, Logue, Miller, Nestande, Niello, Nielsen, Norby, Silva, Smyth, Audra Strickland, Tran NO VOTE RECORDED: Bass, Emmerson, Evans, Hall, Hernandez, Knight, Nava, Saldana, Villines, Vacancy CTW:mw 8/27/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED