BILL NUMBER: SB 1413	CHAPTERED
	BILL TEXT

	CHAPTER  558
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2010
	PASSED THE SENATE  AUGUST 27, 2010
	PASSED THE ASSEMBLY  AUGUST 26, 2010
	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, 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 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 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.


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 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 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.