BILL ANALYSIS                                                                                                                                                                                                    






                          SENATE COMMITTEE ON EDUCATION
                               Gloria Romero, Chair
                            2009-2010 Regular Session
                                         

          BILL NO:       SB 1413
          AUTHOR:        Leno
          INTRODUCED:    February 19, 2010
          FISCAL COMM:   Yes            HEARING DATE:  April 14, 2010
          URGENCY:       No             CONSULTANT:Lynn Lorber

           SUBJECT  :   Access to Drinking Water

           KEY POLICY ISSUES  

          Should schools be required to provide access to free, fresh  
          drinking water in food service areas?

          Will schools seek reimbursement for providing access to  
          drinking water?

           SUMMARY   

          This bill requires a school district to provide, by January  
          1, 2012, access to free, fresh drinking water in the food  
          service areas of the schools under its jurisdiction.

           BACKGROUND  

          Current law restricts the sale of beverages at schools as  
          follows (Education Code  49431.5):

           For elementary schools  :  Regardless of the time of day, only  
          the following beverages may be sold to a pupil:

                        Fruit-based drinks that have at least 50%  
               fruit juice and no added sweetener.
                 Vegetable-based drinks that have at least 50%  
               vegetable juice and no added sweetener.
        Drinking water with no added sweetener.
                 Two percent fat milk, 1% fat milk, nonfat milk,  
               soymilk, rice milk, and other similar non-dairy milk.

           For middle or junior high and high schools :  From one-half  
          hour before the start of the schoolday until one-half hour  
          after the end of the schoolday only the following beverages  
          may be sold to a pupil:



                                                                 SB 1413
                                                                  Page 2




              Fruit-based drinks that have at least 50% fruit juice  
               and no added sweetener.
              Vegetable-based drinks that have at least 50% vegetable  
               juice and no added sweetener.
              Drinking water with no added sweetener.
              Two percent fat milk, 1% fat milk, nonfat milk, soymilk,  
               rice milk, and other similar non-dairy milk.
              An electrolyte replacement beverage that contains no  
               more than 42 grams of added sweetener per 20-ounce  
               serving.

          Current law requires at least 50% of the items, other than  
          federal food commodities, offered for sale each schoolday at  
          any schoolsite by any entity or organization during regular  
          school hours to be selected from the following:  (EC  38085)

              Milk and dairy products.
              Full-strength fruit and vegetable juices and fruit  
               drinks with at least 50% juice, and fruit nectars with  
               at least 35% full-strength fruit juice.
              Fresh, frozen, canned and dried fruits and vegetables.
              Nuts, seeds and nut butters.
              Nonconfection grain products.
              Meat, poultry and fish, and their products.
              Legumes and legume products.
              Any food which would qualify as one of the required food  
               components of the Type A lunch defined in the National  
               School Lunch Act.

          The California Plumbing Code requires schools to have one  
          drinking fountain per 150 people, and authorizes water  
          stations to be substituted for drinking fountains where food  
          is consumed indoors.  There are no requirements for the  
          refrigeration of drinking water.  

           ANALYSIS  

           This bill  requires a school district to provide, by January  
          1, 2012, access to free, fresh drinking water in the food  
          service areas of the schools under its jurisdiction.

           STAFF COMMENTS 

           1)   Need for the bill  .  The author's office did not provide  
               any background or supporting materials relative to this  
               bill.  However, according to information provided by the  



                                                                 SB 1413
                                                                  Page 3



               author for prior legislation, "the RAND Corporation  
               found that public school students have limited access to  
               drinking water, especially at meals.  Apparently, some  
               schools are under the impression that they cannot  
               provide free water in school cafeterias because the  
               Education Code requires milk to be included with school  
               meals, or because the school has a contract with a  
               company to sell bottled water on campus."

           2)   Mandate  .  This bill imposes a mandate by requiring  
               schools to provide access to drinking water in food  
               service areas.  Will schools seek reimbursement from the  
               state for providing access to drinking water?






           3)   Prior and related legislation  .  

                        AB 2084 (Brownley, 2010) among other things,  
                    requires licensed child day care facilities to make  
                    clean and safe drinking water readily available and  
                    accessible for consumption throughout the day.  AB  
                    2084 is pending in the Assembly Human Services  
                    Committee.

                        AB 2704 (Leno, 2008) would have prohibited a  
                    school district from entering or renewing a  
                    contract that restricts the availability of free  
                    tap water on the school campus; and, authorizes  
                    schools to provide free tap water in school food  
                    service areas.  AB 2704 was vetoed by the Governor,  
                    whose veto message read:

                    This bill authorizes schools to provide free tap  
                    water for students in the food service area during  
                    the school day.  Nothing under current law  
                    prohibits a school from providing free tap water to  
                    its students.  This bill also prohibits a district  
                    from entering into contracts that prohibit the  
                    availability of free tap water.  This bill  
                    essentially seeks to regulate a perceived lack of  
                    common sense amongst California's school  
                    administrators, implying that they are not acting  
                    in the best interest of our students, by denying  



                                                                 SB 1413
                                                                  Page 4



                    kids access to free tap water.  I do not believe  
                    this particular bill is necessary.
                    Instead of signing this bill, I would much rather  
                    work with the Legislature on finding more positive  
                    and constructive ways to promote the accessibility  
                    and consumption of clean water in our schools.

                        SB 1255 (Padilla, 2010) beginning July 1,  
                    2011, prohibits schools from selling electrolyte  
                    replacement beverages to pupils from one-half hour  
                    before school until one-half hour after the end of  
                    the schoolday.  SB 1255 is scheduled to be heard by  
                    the Senate Health Committee on April 14, 2010.

           SUPPORT
           
          California Center for Public Health Advocacy
          California Medical Association
          California Teachers Association
          County Health Executives Association of California
          Environmental Working Group
          San Mateo County Board of Supervisors

           OPPOSITION
          
          None received.