BILL ANALYSIS                                                                                                                                                                                                    

                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           1413 (Leno)
          Hearing Date:  05/27/2010           Amended: As Introduced
          Consultant:  Dan Troy           Policy Vote: ED 6-2
          BILL SUMMARY:   SB 1413 would require a school district to  
          provide access to free, fresh drinking water in the food service  
          areas of all of the schools under its jurisdiction, by January  
          1, 2012.  
                            Fiscal Impact (in thousands)

           Major Provisions         2010-11     2011-12       2012-13     Fund
          Tap water in schools                          No costs         
          *Counts toward meeting the Proposition 98 minimum funding  

          Current law restricts the sale of certain beverages at school  
          sites.  At elementary schools, only fruit-based and  
          vegetable-based drinks with no sweetener, drinking water with no  
          added sweetener, low- or non-fat milk or specified nondairy milk  
          (e.g. soy milk) may be sold.  At middle and high schools,  
          similar restrictions apply from one-half hour before the start  
          of the school day until one-half hour after the end of the  
          school day, except that the sale of electrolyte replacement  
          beverages that contain no more than 42 grams of added sweetener  
          per 20-ounce serving.  Current law requires that schools have at  
          least one drinking fountain for 150 pupils.  Current law does  
          not prohibit the offering of the free, fresh drinking water.  

          A recent survey conducted by Project LEAN found that 40 percent  
          of school districts did not provide access to free drinking  
          water during meals.  As access was not defined in the survey,  
          the California Food Policy Advocates (CPFA) speculates that this  


          figure may actually understate the availability of fresh  
          drinking water.  The CPFA, among other groups, advocates access  
          to free drinking water as a means of combating issues of obesity  
          and hydration among youth.   This bill, sponsored by the  
          Administration, would require schools to provide access to free,  
          fresh drinking water in food service areas as of January 1,  

          This bill would impose a reimbursable state mandate on schools.   
          There are a variety of ways in which California's 10,000 K-12  
          schools may choose to meet this requirement.  The cost of  
          purchasing and installing a water fountain ranges from $1,000 to  
          $10,000 depending on the quality and composition of the  
          fountain. The cost of installing a hydration station is also  
          estimated to be approximately $1,000.  Schools may also choose  
          to have staff fill up water dispensers during meal times.  Some  
          of these costs would be ongoing and some would be one-time  
          depending on the choice of the school.  

          Page 2
          SB 1413 (Leno)

          Assuming 40 percent of schools decided to install a hydration  
          station or fountain, costs for implementing this bill would $4  
          million.   Costs could be more or less depending on how schools  
          choose to comply with the bill's requirements.  All costs would  
          be reimbursable by the state.

          AB 2704 (Leno, 2008) made clear that it was permissible for  
          districts to provide free drinking water in food service areas  
          and would have prohibited schools from entering into or renewing  
          contracts that would restrict the availability of free tap  
          water.  This bill was vetoed by the Governor.  

          As proposed to be amended:
                 The requirement that schools must provide drinking water  
               in food service areas would be removed.  
                 The bill would clarify that schools are authorized to  
               provide free tap water in food service areas.
                 The bill would also prohibit school districts from  
               entering into, or renewing, a contract that restricts  
               access to free tap water on campus.