BILL ANALYSIS AB 2084 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2084 (Brownley) As Amended August 20, 2010 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |44-26|(May 24, 2010) |SENATE: |22-15|(August 30, | | | | | | |2010) | ----------------------------------------------------------------- Original Committee Reference: HUM. S. SUMMARY : Creates minimum standards for beverages that are served in licensed child day care facilities. Specifically, this bill : 1)Requires, starting January 1, 2012, licensed child day care facilities to: a) Serve only low fat or nonfat milk to children ages two or older; b) Limit juice to not more than one serving per day of 100% juice; c) Serve no beverages with added sweeteners, either natural or artificial; and, d) Make clean and safe drinking water readily available and accessible for consumption throughout the day. 2)Creates exemptions to the above requirements for children with "medical necessities," as defined, and for parents who provide beverages for their children to the child care facility. 3)Specifies that the Department of Social Services (DSS) only need to inspect these facilities for compliance during regularly scheduled inspections. 4)Makes findings and declarations regarding what research has shown about the connection between unhealthy food preferences and childhood obesity. The Senate amendments : AB 2084 Page 2 1)Delay implementation of the bill's provisions to January 1, 2012. 2)Specify that DSS perform oversight of the provisions of this bill during regularly scheduled inspections and is not required to conduct separate independent visits. 3)Authorize DSS to update the requirements in the bill if there are changes in the Dietary Guidelines for Americans. 4)Add a coauthor. AS PASSED BY THE ASSEMBLY , this bill was substantially similar to the version passed by the Senate. FISCAL EFFECT : According to the Senate Appropriations Committee, "The Department of Social Services believes this bill would likely drive new costs related to oversight, evaluation, and training of staff. These costs are estimated to be approximately $150,000 per year. Staff understands that the DSS is working with the author to find ways to limit the bill's costs." COMMENTS : This bill addresses nutritional standards in licensed child care settings in an effort to fight childhood obesity. Under the state Child Day Care Facilities Act, child day care centers are required to provide safe and healthy environments for children. Generally, these facilities must comply with state mandated licensure requirements in the following areas: Fire clearance, capacity determination, teacher to child ratio, indoor/outdoor space requirements, staffing for water activities, administrator qualifications, director qualifications, teacher and teacher aide qualifications, and food service. According to the author, there are 15,140 licensed center-based sites and 42,907 family home sites in California, with capacity for 1.2 million children from birth to 12 years of age. The press is full of reports and stories of obesity in the United States. According to the Centers for Disease Control and Prevention, approximately one of every four children between the ages of two to five has a high body mass index, putting these children at risk of obesity, which can lead to type-two AB 2084 Page 3 diabetes, hypertension, sleep apnea, and other adverse health conditions. Childhood obesity can lead to obese adults with chronic health conditions resulting in increased health costs. Good nutrition, physical activity and limiting media exposures (e.g., TV time) help to prevent childhood obesity. With over four million children between birth and 12 years of age in California having one or two working parents who rely on child care services, child care settings, including center and home-based care, play an important role in influencing good eating habits and teaching the importance of physical activities. In August 2007, the California Department of Education (CDE) and the Health and Human Services Agency convened a stakeholder group to come up with key recommendations for reducing childhood overweight/obesity in child care settings. This group came up with a number of recommendations, including adding nutrition and activity standards in child care licensing and strengthening nutrition standards in the Child Care and Adult Food Program in California. This bill is consistent with those efforts. This bill would create standards for beverages served in licensed child care settings. The author states that research increasingly points to sugary beverages, such as soda, sports drinks, and juice drinks, as a major factor in rising rates of obesity. The extra calories from sugar drinks accounts for nearly half of the increase in calories Americans have consumed over the past 30 years. A simple switch from these sugary drinks to water could result in 235 fewer calories consumed per day. This bill encourages healthier habits by establishing guidelines for beverages provided by providers, including restricting sugary drinks, encouraging water consumption, limiting juice to one serving of 100% juice, and promoting low fat and nonfat milk. These nutrition guidelines are consistent with the current Dietary Guidelines for Americans and recommendations from the American Academy of Pediatrics. This bill is also consistent with the Governor's initiative to fight obesity. In part, the Governor proposes to require school districts to make fresh drinking water available in food service areas and prohibit the sale of sports drinks in middle and high schools. AB 2084 Page 4 Analysis Prepared by : Frances Chacon / HUM. S. / (916) 319-2089 FN: 0006640