BILL NUMBER: SB 1413	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 2, 2010
	AMENDED IN ASSEMBLY  JUNE 22, 2010
	AMENDED IN SENATE  JUNE 1, 2010

INTRODUCED BY   Senator Leno
    (   Coauthor:   Assembly Member  
Brownley   ) 

                        FEBRUARY 19, 2010

   An act to add Section 38086 to the Education Code, relating to
schools.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1413, as amended, Leno. Schools: pupil nutrition: availability
of tap water.
    Existing law authorizes the governing board of a school district
to establish cafeterias in the schools under its jurisdiction
whenever in its judgment it is advisable to do so and to make the
cost of water, electricity, gas, coal, wood, fuel oil, and garbage
disposal a charge against the funds of the school district.
   Existing law permits the sale of only certain beverages to pupils
at schools. The beverages that may be sold include fruit-based and
vegetable-based drinks, drinking water, milk, and an electrolyte
replacement beverage if those beverages meet certain nutritional
requirements.
   This bill would require a school district to provide access to
free, fresh drinking water during meal times in school food service
areas by  January 1, 2012,   July 1, 2011, 
unless the governing board of a school district adopts a resolution
stating that it is unable to comply with this requirement and
 stating   demonstrating  the reasons why
it is unable to comply  due to fiscal constraints or health and
safety concerns  . The resolution would be required to be
publicly noticed on at least 2 consecutive meeting agendas and
approved by at least a majority of the governing board.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 38086 is added to the Education Code, to read:
   38086.  (a) Except as provided in subdivision (b), by 
January 1, 2012,   July 1, 2011,  a school district
shall provide access to free, fresh drinking water during meal times
in the food service areas of the schools under its jurisdiction,
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. A school district may
comply with this section by, among other means, providing cups and
containers of water or soliciting or receiving donated bottled water.

   (b) The governing board of a school district may adopt a
resolution stating that it is unable to comply with the requirements
of this section and  stating   demonstrating
 the reasons why it is unable to comply  due to fiscal
constraints or health and safety concerns  . The resolution
shall be publicly noticed on at least two consecutive meeting agendas
 , first as an information item and second as an action item,
 and approved by at least a majority of the governing board.