BILL ANALYSIS �
AB 626
Page 1
ASSEMBLY THIRD READING
AB 626 (Skinner and Lowenthal)
As Amended May 15, 2013
Majority vote
EDUCATION 6-0 HEALTH 18-1
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|Ayes:|Buchanan, Olsen, Ch�vez, |Ayes:|Pan, Ammiano, Atkins, |
| |Nazarian, Ammiano, | |Bonilla, Bonta, Chesbro, |
| |Williams | |Gomez, |
| | | |Roger Hern�ndez, |
| | | |Lowenthal, Maienschein, |
| | | |Mansoor, Mitchell, |
| | | |Nazarian, Nestande, V. |
| | | |Manuel P�rez, Wagner, |
| | | |Wieckowski, Wilk |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Logue |
| | | | |
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APPROPRIATIONS: 15-2
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|Ayes:|Gatto, Harkey, Bocanegra, | | |
| |Bradford, Ian Calderon, | | |
| |Campos, Eggman, Gomez, | | |
| |Hall, Ammiano, Linder, | | |
| |Pan, Quirk, Wagner, Weber | | |
| | | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Bigelow, Donnelly | | |
| | | | |
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SUMMARY : Makes changes to school nutrition requirements, as
specified. Specifically, this bill :
1)Requires that meals provided during the After School Education
and Safety Program conform to the nutrition standards of the
United States Department of Agriculture's at-risk afterschool
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meal component of the Child and Adult Care Food Program or the
National School Lunch Program.
2)Prohibits governing boards from having multiple cafeteria
funds and revolving accounts; and, prohibits these funds from
being used in the construction, alteration or improvement of a
central food processing plant, for the installation of
additional cafeteria equipment for the central food processing
plant, and for the lease or purchase of vehicles used
primarily in connection with the central food processing
plant.
3)Authorizes the governing board of any school district, or of
two or more school districts governed by governing boards of
identical personnel, to also make expenditures from the
cafeteria fund for the purchase and installation of additional
preparation, cooking, or service equipment for a kitchen or
central food processing plant, including necessary alterations
incidental to the installation of the equipment, and for the
lease or purchase of vehicles used solely in connection with
the kitchen or central food processing plant.
4)Deletes an existing authorization for school districts with an
average daily attendance of over 100,000 to allow an
expenditure from the cafeteria fund a share of money agreed
upon by a contract, which is generated from the joint sale of
items between the cafeteria and an associated student body
student store.
5)Specifies the cost of providing adequate housing for
cafeterias, including kitchen facilities, is a charge against
the funds of the school district; and, specifies the cost of
the lease or purchase of kitchen equipment and of vending
machines and their installation and housing shall be a charge
against cafeteria funds.
6)Requires the governing board to only approve reimbursement for
vending machines if one or both of the following apply:
a) The vending machines are owned and operated by the
school food services department, sell meals that qualify
for federal meal program reimbursement, and are equipped
with appropriate point of service meal counting software.
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b) The vending machines sell only food, or only beverages,
or both that comply with state and federal competitive food
laws and regulations.
7)Prohibits governing boards from maintaining a cafeteria fund
reserve for purchase, lease, maintenance, or replacement of
cafeteria equipment.
8)Specifies that all food and snacks sold to elementary school,
middle school and high school pupils from one-half hour before
the start of the schoolday to one-half hour after the
schoolday must comply with applicable federal and state
nutrition requirements.
9)Authorizes the sale of food and beverage items to elementary
school, middle school and high school pupils that do not
comply with state and federal nutrition requirements to be
sold by anyone if those sales occur:
a) Off school premises.
b) On school premises at least one-half hour after the end
of the schoolday.
10)Prohibits the sale of food and beverage items to middle
school and high school pupils that do not comply with state
and federal nutrition requirements during a school-sponsored
activity after the end of the schoolday.
11)Deletes the authorization for the Superintendent of Public
Instruction (SPI) to monitor school districts for compliance
with school nutrition standards; deletes the requirement that
each school district monitored, report to the SPI in the
coordinated review effort regarding the extent to which it has
complied; deletes the requirement that noncompliant school
districts adopt a corrective action plan; and, instead
specifies that compliance with the school nutrition standards
shall be monitored by the California Department of Education
(CDE) in conformity with the United States Department of
Agriculture's administrative review process.
12)Deletes the Linking Education, Activity, and Food (LEAF)
Pilot grant program.
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13)Deletes obsolete code sections.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, General Fund/Proposition 98 cost pressure, likely in
the hundreds of thousands to low millions, to backfill school
districts for costs associated with the lease, purchase, or
maintenance of cafeteria equipment. To the extent districts
were using cafeteria fund reserves for this purpose and this
bill now prohibits this use, districts may seek additional funds
from the state.
COMMENTS :
Federal Healthy, Hunger-Free Kids Act of 2010 . This bill comes
at the same time as a major overhaul of federal nutrition
standards for the National School Lunch Program (NSLP). The
federal Healthy, Hunger-Free Kids Act of 2010, which was signed
into law by President Obama in December of 2010, makes the first
significant changes to the nutritional regulations over the NSLP
since 1995. In January 2012, the United States Department of
Agriculture released the Final Rule Nutrition Standards for the
National School Lunch and School Breakfast Programs in
accordance with the new federal legislation. As part of the new
regulations, schools are required to serve food options that
align with meal patterns specifying acceptable quantities of
different types of food. The Institute of Medicine recently
identified such an approach as a method to increase the amount
of fruits and vegetables individuals eat while decreasing the
level of saturated fat, sodium and carbohydrates. As a result of
the new meal patterns, schools must provide students enough
servings of the appropriate food categories as required by the
Final Rule Nutrition Standards. This bill makes changes to
current state laws in order to comply with the new federal laws
and regulations set forth by the Healthy, Hunger-Free Kids Act
of 2010.
Federal Compliance and Code Clean-Up . This bill makes several
changes to bring California's school cafeteria and nutrition
laws into compliance with the recent changes in Federal
nutrition regulations in addition to making several substantive
changes that are not specifically related to the Federal
compliance issues. The compliance changes include those
involving the co-mingling of cafeteria fund accounts and those
specifying that cafeteria funds cannot be used to purchase land
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or otherwise modernize cafeteria buildings; and, the deletion of
other sections that authorize co-mingling of student body funds
with cafeteria funds. Existing law authorizes the sale of
specified beverages from 30 minutes before the start of the
school day until 30 minutes after the end of the school day.
This measure specifies that only food items that meets the state
and federal nutrition standards may also be sold from 30 minutes
before the start of the school day until 30 minutes after the
end of the school day. The bill also specifies that if food
sales are at least 30 minutes after the end of the school day,
students do not need sell the food to comply. The bill also
authorizes afterschool programs to serve meals in addition to
snacks, and specifies that those meals must meet specified
nutrition requirements. Further the bill makes several changes
to the law to clean up duplicative and obsolete code sections.
The measure deletes references to a school nutrition pilot
program that was previously funded and ended in 2004. Lastly
the bill specifies that school nutrition programs shall be
monitored by the California Department of Education (CDE) in
conformity with the United States Department of Agriculture's
administrative review process.
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087
FN: 0000804