BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 2367|
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                                    CONSENT


          Bill No:  AB 2367
          Author:   Bonilla (D)
          Amended:  4/26/12 in Assembly
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  9-0, 6/20/12
          AYES:  Lowenthal, Alquist, Blakeslee, Hancock, Huff, Liu, 
            Price, Simitian, Vargas
          NO VOTE RECORDED:  Runner, Vacancy

           ASSEMBLY FLOOR  :  72-0, 5/3/12 (Consent) - See last page for 
            vote


           SUBJECT  :    School gardens:  sale of produce

          SOURCE  :     Author


           DIGEST  :    This bill authorizes a school district, charter 
          school, or county office of education that is operating an 
          Instructional School Garden Program to sell any surplus 
          produce grown as part of the program. 

           ANALYSIS  :    

          Existing law: 

          1. Finds and declares that school gardens provide an 
             interactive, hands-on learning environment in which 
             pupils learn composting and waste management techniques, 
             fundamental concepts about nutrition and obesity 
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             prevention, and the cultural and historical aspects of 
             our food supply.  School gardens also foster a better 
             understanding and appreciation of where food comes from, 
             how food travels from the farm to the table, and the 
             important role of agriculture in the state, national, 
             and global economy.  (Education Code (ED) Section 51795) 


          2. Establishes the Instructional School Gardens Program, 
             administered by the Department of Education (CDE) for 
             the promotion, creation, and support of instructional 
             school gardens through the allocation of grants, and 
             through technical assistance provided, to school 
             districts, charter schools, or county offices of 
             education.  (ED Section 51796) 

          3. Authorizes a school district, charter school, or county 
             office of education may apply to the Superintendent of 
             Public Instruction (SPI) for funding for a three-year 
             grant under this article in a manner determined by the 
             SPI, in order to develop and maintain an instructional 
             school garden. (ED Section 51796.2) 

          This bill authorizes a school district, charter school, or 
          county office of education that is operating an 
          instructional school garden program to sell any surplus 
          produce grown as part of the program. 

           Comments  

          In 2006, AB 1535 (Nunez), Chapter 427, Statutes of 2006, 
          provided $15 million for a grant program to be devised by 
          the SPI.  Kindergarten through grade 8 schoolsites were 
          eligible to receive a maximum of $2,500 and high schools 
          were eligible to receive a maximum of $5,000.  Funds were 
          used for instructional school garden equipment or supplies 
          and professional development for teachers, garden 
          volunteers and food service staff.  According to the CDE, 
          approximately 3,500 schoolsites received grants. 

          According to the Center for Land-Based Learning, while 
          schools may be able to garner funds to start school garden 
          programs, sustaining the programs is challenging.  In order 
          to be successful, a coordinator needs to be identified to 

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          maintain the garden.  Parents and teachers can act as 
          coordinators; however, the availability of parents and 
          teachers may not consistently reliable.  Having a paid 
          coordinator or developing a relationship with a local 
          farmer can provide the consistency needed on a year-round 
          basis, especially during the summer months when kids are 
          out of school.  Selling produce grown in a school garden 
          (to farmers markets, parents, other schools) is a potential 
          source of funding.  According to the Center for Land-Based 
          Learning, while some schools are selling produce, some 
          schools are unsure of their authority. 

           Food safety  .  This bill does not exempt produce sold by 
          schools from existing federal, state or local food safety 
          laws and requirements.  Further, schools are prohibited 
          from using a pesticide that has been granted conditional 
          registration, an interim registration or an experimental 
          use permit.

           Use of proceeds  .  According to the United States Department 
          of Agriculture, if a school uses federal school food 
          service funds to support the school garden, the revenue 
          from the sale of the food must go back into the school food 
          service account. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   
          Local:  No

           SUPPORT  :   (Verified  6/20/12)

          Small School Districts' Association
          Western Growers Association

           ARGUMENTS IN SUPPORT  :    According to the author, 
          "Recently, the United States Department of Agriculture 
          (USDA) clarified that participants of the National School 
          Lunch and Breakfast Program could use federal school lunch 
          reimbursements to purchase school garden supplies.  The 
          USDA also made clear that programs such as school gardens, 
          Future Farmers of America (FFA) and 4-H could sell garden 
          produce to their school cafeterias.  The Education Code, 
          while permissive, is not clear on whether schools can sell 
          their excess garden produce.  This bill does not specify 
          the entities that may be approached to purchase the 

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          produce.  This decision shall be made locally and can 
          include school cafeterias, after school programs, farmers 
          markets, etc."


           ASSEMBLY FLOOR  :  72-0, 5/3/12
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bradford, Brownley, 
            Buchanan, Butler, Charles Calderon, Campos, Carter, 
            Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fong, Fuentes, Beth Gaines, 
            Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, 
            Halderman, Harkey, Hayashi, Hill, Huber, Hueso, Huffman, 
            Jeffries, Knight, Lara, Logue, Bonnie Lowenthal, Ma, 
            Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, 
            Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel 
            Pérez, Portantino, Silva, Skinner, Solorio, Swanson, 
            Torres, Valadao, Wagner, Wieckowski, Yamada, John A. 
            Pérez
          NO VOTE RECORDED:  Bonilla, Fletcher, Furutani, Hall, Roger 
            Hernández, Jones, Smyth, Williams


          PQ:m  6/21/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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