BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1413|
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                              UNFINISHED BUSINESS


          Bill No:  SB 1413
          Author:   Leno (D)
          Amended:  8/2/10
          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

           SENATE FLOOR  :  21-13, 6/2/10
          AYES:  Alquist, Calderon, Cedillo, Corbett, Correa,  
            DeSaulnier, Ducheny, Florez, Hancock, Kehoe, Leno, Liu,  
            Lowenthal, Negrete McLeod, Pavley, Price, Romero,  
            Steinberg, Wolk, Wright, Yee
          NOES:  Aanestad, Ashburn, Cogdill, Cox, Denham, Dutton,  
            Harman, Hollingsworth, Huff, Runner, Strickland, Walters,  
            Wyland
          NO VOTE RECORDED:  Oropeza, Padilla, Simitian, Wiggins,  
            Vacancy, Vacancy

           ASSEMBLY FLOOR  :  Not available


           SUBJECT  :    Schools:  food service areas:  water

           SOURCE  :     The Administration
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           DIGEST  :    This bill requires a school district to provide  
          access to free, fresh drinking water during meal times in  
          school food service areas by July 1, 2011.

           Assembly Amendments  (1) delete and recast the provisions of  
          the bill, (2) change the implementation date from January  
          1, 2012 to January 1, 2011, and (3) made minor, technical  
          changes.

           ANALYSIS  :    Existing law restricts the sale of beverages  
          at schools as follows:

           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  

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          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.

          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 requires school district 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 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 bottle 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.

          4.Requires the resolution to be publicly noticed on at  
            least two consecutive board meeting agendas, first as an  

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            information item and second as an action item, and  
            approved by a majority of the board.

           Comments

           According to the author's office, 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 percent of schools in responding districts  
          reported no access to free drinking water for students  
          during meals.  Many student report inoperable, poorly  
          maintained, and/or unhygienic water fountains at their  
          school sites.  Even where water fountains function, the CDE  
          has acknowledged there are not enough fountains on school  
          sites.

           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  

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          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  
            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) (Unable to reverify at time  
          of writing)

          The Administration (source)

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          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
          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  8/26/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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