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  

          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  

          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  

          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  

          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. 


          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
          None on file.

           Analysis Prepared by  :    Chelsea Kelley / ED. / (916) 319-2087