BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2084
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 2084 (Brownley)
          As Amended  August 20, 2010 
          Majority vote

           
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          |ASSEMBLY:  |44-26|(May 24, 2010)  |SENATE: |22-15|(August 30,    |
          |           |     |                |        |     |2010)          |
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          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  :








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          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  








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          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.

           








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          Analysis Prepared by  :    Frances Chacon / HUM. S. / (916)  
          319-2089                                               


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