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