BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 626
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          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, Chávez,  |Ayes:|Pan, Ammiano, Atkins,     |
          |     |Nazarian, Ammiano,        |     |Bonilla, Bonta, Chesbro,  |
          |     |Williams                  |     |Gomez,                    |
          |     |                          |     |Roger Hernández,          |
          |     |                          |     |Lowenthal, Maienschein,   |
          |     |                          |     |Mansoor, Mitchell,        |
          |     |                          |     |Nazarian, Nestande, V.    |
          |     |                          |     |Manuel Pérez, Wagner,     |
          |     |                          |     |Wieckowski, Wilk          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Logue                     |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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         |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           
          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 


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