BILL ANALYSIS SB 1413 Page 1 SENATE THIRD READING SB 1413 (Leno) As Amended August 2, 2010 Majority vote SENATE VOTE :21-13 EDUCATION 6-2 ----------------------------------------------------------------- |Ayes:|Brownley, Ammiano, | | | | |Arambula, Carter, Eng, | | | | |Torlakson | | | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Nestande, Miller | | | | | | | | ----------------------------------------------------------------- SUMMARY: Requires school districts to provide students with access to free drinking water beginning July 1, 2011. Specifically, this bill : 1)Requires by July 1, 2011, 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 demonstrating the reasons why it is unable to comply with the requirements due to fiscal constraints or health and safety concerns; and, requires the resolution to be publicly noticed on at least two consecutive board meeting agendas, first as an information item and second as an action item, and approved by a majority of the board. SB 1413 Page 2 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 demonstrates why the school district cannot comply due to fiscal constraints or health and safety concerns. 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. 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. SB 1413 Page 3 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. 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 SB 1413 Page 4 ways to promote the accessibility and consumption of clean water in our schools." Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087 FN: 0005231