BILL ANALYSIS
SB 1413
Page 1
Date of Hearing: June 30, 2010
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
SB 1413 (Leno) - As Amended: June 22, 2010
SENATE VOTE : 21-13
SUBJECT : Schools: pupil nutrition: availability of tap water.
SUMMARY: Requires school districts to provide students with
access to free drinking water beginning January 1, 2012.
Specifically, this bill :
1)Requires by January 1, 2012, a school district to 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
(NSLP) or the federal School Breakfast Program are served or
consumed.
2)Specifies that school districts may comply, among other means,
by providing cups and containers of water or soliciting or
receiving donated bottled water.
3)Authorizes a school district to opt-out of this requirement by
adoption of a school district governing board resolution
stating the reasons why it is unable to comply with the
requirements; and, requires the resolution to be publicly
noticed on at least two consecutive board meeting agendas and
approved by a majority of the board.
EXISTING LAW requires all beverages sold to a pupil from
one-half hour before the start of the schoolday until one-half
hour after the end of the schoolday to be on the following list,
with specified exceptions:
1)Fruit-based drinks with at least 50% fruit juice and no added
sweetener;
2)Vegetable-based drinks with at least 50% vegetable juice and
no added sweetener;
3)Drinking water with no added sweetener;
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4)Two percent fat milk, one percent fat milk, non-fat milk, soy
milk, rice milk, and other similar non-dairy milk; and,
5)An electrolyte replacement beverage (ERB) with no more than 42
grams of added sweetener per 20-ounce serving. (Middle and
High School only)
FISCAL EFFECT : This bill is keyed non-fiscal.
COMMENTS : This bill requires school district to provide access
to free drinking water in food service areas during meal time,
and authorizes districts to opt-out of this requirement by
passing a board resolution that specifies the reasons the school
district cannot comply.
SB 965 (Escutia), Chapter 237, Statutes of 2005, created
specific standards regarding the types of beverages sold in
California schools. One of the allowable beverages under SB 965
is bottled water without added sweetener. According to the
California Department of Education (CDE), SB 965 sets clear
nutrition standards on what is sold by schools, and would not
affect a district's ability to offer free tap water in their
cafeterias.
While conducting a study, the RAND Corporation learned that some
school administrators and school employees have the perception
that a school cannot provide free bottled water because of
existing district contracts for the sale of bottled water. RAND
researchers also learned that some school employees also had the
perception that schools could not provide free tap water in the
area where the NSLP meal is being served because of the federal
government's definition of a reimbursable school meal, which
includes milk as the beverage. According to CDE, the
distinction is made between "offer vs. serve." Schools must
"offer" milk as part of the reimbursable school meal program,
but that does not in any way prohibit schools from also offering
water in the area where the NSLP meal is being served.
Some school employees also indicated to RAND researchers their
concerns about needing appropriate staff resources to facilitate
providing free tap water to students during meal times,
including the possibility of the following duties: filling water
pitchers, replacing five gallon water jugs, supplying
appropriate cups, etc.
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Students told RAND researchers they felt that even if they had
access to free tap water at lunch from a drinking fountain, they
did not choose to access it because of the cleanliness of
existing drinking fountains and the fact that some drinking
fountains do not provide chilled water. Students also said they
felt that the bottled water being sold was too costly to buy.
According to RAND, Berkeley Unified School District provides
filtered tap water for students during lunch in schools
district-wide. Each school eating area has a five gallon water
container that is refilled each day with filtered tap water and
the school provides cups for students to use.
According to the author, many California schools currently do
not provide drinking water in food service areas, where students
eat their meals. Studies show that water consumption and
adequate hydration in schools can help fight obesity and can
even improve cognitive function and student academic
performance.
According to the California Food Policy Advocates, kids need to
drink water for good health and learning. The Institute of
Medicine recommends the consumption of water with meals. The
Surgeon General promotes drinking water as an obesity prevention
strategy. Meeting students' needs for adequate supplies of
fresh, safe drinking water should not be dependent upon kids'
financial ability to purchase bottled water at school nor their
prospect of carting jugs of drinking water from home. A recent
survey found that at least 40% of schools in responding
districts reported no access to free drinking water for students
during meals. Many students report inoperable, poorly
maintained, and/or unhygienic water fountains on their school
sites. Even where water fountains function, the CDE has
acknowledged there are not enough fountains on schools sites.
Committee Amendments : Staff recommends the bill be amended to
make the provisions operative on either July 1, 2011 or July 1,
2012, instead of January 1, 2012, to accommodate the school
calendar. Staff further recommends the bill be amended to
require school boards, if they choose to pass a resolution
stating that they cannot comply, to demonstrate in the
resolution why they are unable to comply specifically due to
fiscal restraints or health and safety concerns. In addition,
the bill should be amended to clarify that the first board
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agenda notice shall be an information item and the second board
agenda notice shall be an action item.
Related Legislation : SB 1255 (Padilla), from 2010, pending
hearing in the Assembly, prohibits ERBs that contain 42 grams or
less of added sweetener per 20-ounce serving, from being sold to
middle or high school students from one-half hour before the
start of the schoolday until one-half hour after the end of the
schoolday, commencing July 1, 2011.
AB 2084 (Brownley) from 2010, pending in the Senate, would
require licensed child day care facilities to follow specified
guidelines relating to the provision of beverages, including
serving only one percent milk to children ages two or older;
limiting juice to not more than one serving per day of 100%
juice; serving no beverages with added sweeteners, either
natural or artificial; and, making clean and safe dinking water
readily available and accessible for consumption throughout the
day, particularly with meals and snacks.
Previous Legislation : AB 2704 (Leno) from 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, authorized schools to provide free tap
water in school food service areas. AB 2704 was vetoed by the
Governor with the following message:
"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
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."
SB 965 (Escutia) Chapter 237, Statues of 2005, modified the list
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of beverages that may be sold to pupils at an elementary, middle
and high school, and phased in a prohibition on the sale of soda
in high schools.
SB 19 (Escutia) Chapter 913, Statutes of 2001, established the
Pupil Nutrition, Health and Achievement Act of 2001, and
enacted, as of January 1, 2004, various prohibitions on the sale
of beverages in elementary and middle schools and placed
nutritional standards on the type of foods that may be sold to
pupils a la carte, as specified.
REGISTERED SUPPORT / OPPOSITION :
Support
American Cancer Society
American Heart Association
Board of Chiropractic Examiners
California Chiropractic Association
California Department of Public Health
California Park and Recreation Society
California School Employees Association
California Teachers Association
County Health Executives Association of California
Environmental Working Group
Health Officers Association of California
San Mateo County Board of Supervisors
Opposition
None on file.
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087