BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1413| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 1413 Author: Leno (D) Amended: 6/1/10 Vote: 21 SENATE EDUCATION COMMITTEE : 6-2, 4/14/10 AYES: Romero, Alquist, Hancock, Liu, Price, Simitian NOES: Huff, Wyland NO VOTE RECORDED: Maldonado SENATE APPROPRIATIONS COMMITTEE : 7-3, 5/27/10 AYES: Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee NOES: Denham, Walters, Wyland NO VOTE RECORDED: Cox SUBJECT : Schools: food service areas: water SOURCE : The Administration DIGEST : This bill (1) prohibits a governing board of a school district from entering into, or renewing, a contract that restricts the availability of free tapwater a school campus, and (2) allows a school district to provide free tap water in school food service areas, including, but not limited to, areas where reimbursable meals under the National School Lunch Program or the federal School Breakfast program are served or consumed. ANALYSIS : Existing law restricts the sale of beverages at schools as follows: CONTINUED SB 1413 Page 2 For Elementary Schools . Regardless of the time of day, only the following beverages may be sold to a pupil: 1.Fruit-based drinks that have at least 50 percent fruit juice and no added sweetener. 2.Vegetable-based drinks that have at least 50 percent vegetable juice and no added sweetener. 3.Drinking water with no added sweetener. 4.Two percent fat milk, one percent fat milk, nonfat milk, soymilk, rice milk, and other non-dairy milk. For Middle or Junior High and High Schools . From one-half hour before the start of the school day until one-half hour after the end of the school day, only the following beverages may be sold to a pupil: 1.Fruit-based drinks that have at least 50 percent fruit juice and no added sweetener. 2.Vegetable-based drinks that have at least 50 percent vegetable juice and no added sweetener. 3.Drinking water with no added sweetener. 4.Two percent fat milk, one percent fat milk, nonfat milk, soymilk, rice milk, and other similar non-dairy milk. 5.An electrolyte replacement beverage that contains no more than 42 grams of added sweetener per 20-ounce serving. Current law requires at least 50 percent of the items, other than federal food commodities, offered for sale each school day at any school site by any entity or organization during regular school hours to be selected from the following: 1.Milk and dairy products. 2.Full-strength fruit and vegetable juices and fruit drinks with at least 50 percent juice, and fruit nectars with at least 35 percent full-strength fruit juice. 3.Fresh, frozen, canned and dried fruits and vegetables. 4.Nuts, seeds and nut butters. 5.Nonconfection grain products. 6.Legumes and legume products. 7.Any food which would qualify as one of the required food components of the Type A lunch defined in the National School Lunch Act. SB 1413 Page 3 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. This bill: 1.Prohibits a governing board of a school district from entering into, or renewing, a contract that restricts the availability of free tap water on the school campus. 2.Allows a school district to provide free tap water in school food service areas, as defined in federal regulations, 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. Prior and Related Legislation SB 1255 (Padilla), 2009-10 Session . Prohibits, beginning July 1, 2011, schools from selling electrolyte replacement beverages to pupils form one-half hour before school until one-half hour after the end of the school day. (In Assembly awaiting assignment) AB 2084 (Brownley), 2009-10 Session. Among other things, requires licensed child care facilities to make clean and safe drinking water readily available and accessible for consumption throughout the day. (In Senate awaiting assignment) AB 2704 (Leno), 2007-08 Session . Would have (1) prohibited a school district from entering or renewing a contract that restricts the availability of free tap water on the school camps, and (2) authorized schools to provide free tap water in school food service areas. AB 2704 was vetoed by the Governor. In his veto message, the Governor stated: "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 SB 1413 Page 4 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 kids access to free tap water. I do no believe this particular bill is necessary. "Instead of signing this bill, I would much rather work with the Legislature in finding more positive and constructive ways to promote the accessibility and consumption of clean water in our schools." FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Senate Appropriations Committee: Fiscal Impact (in thousands) Major Provisions 2010-11 2011-12 2012-13 Fund Tap water in schools No costs General* *Counts toward meeting the Proposition 98 minimum funding guarantee. SUPPORT : (Verified 6/1/10) The Administration (source) American Academic of Pediatrics - California District California Center for Public Health Advocacy California Chiropractic Association California Food Policy Advocates California Medical Association California Public Interest Research Group California School Employees Association California Teachers Association County Health Executives Association of California Department of Public Health SB 1413 Page 5 Environmental Working Group JERICHO Prevention Institute San Mateo County Board of Supervisors Strategic Alliance for Healthy Food and Activity Environments ARGUMENTS IN SUPPORT : According to the Department of Public Health, "Providing free, fresh drinking water will promote adequate hydration during the school day. Dehydration can lead to headaches and digestive problems that can affect children's health and well being. Dehydration can also adversely affect memory, reason, hand-eye coordination, alertness, and cognitive function. Replacing sugar-sweetened beverages with water will help prevent obesity and obesity-related diseases, such as diabetes, hypertension, and heart disease?..This will lead to improve health and academic outcomes for children." CPM:cm 6/1/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****