BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 626
          Author:   Skinner (D) and Lowenthal (D), et al.
          Amended:  7/10/13 in Senate
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  9-0, 6/19/13
          AYES:  Liu, Wyland, Block, Correa, Hancock, Hueso, Huff,  
            Monning, Torres

           SENATE HEALTH COMMITTEE  :  9-0, 7/3/13
          AYES:  Hernandez, Anderson, Beall, De León, DeSaulnier, Monning,  
            Nielsen, Pavley, Wolk
           
          SENATE APPROPRIATIONS COMMITTEE  :  7-0, 8/30/13
          AYES:  De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
           
          ASSEMBLY FLOOR  :  72-3, 5/28/13 - See last page for vote


           SUBJECT  :    School nutrition

           SOURCE  :     Superintendent of Public Instruction Tom Torlakson


           DIGEST  :    This bill makes numerous changes to school nutrition  
          standards to conform with the federal Healthy and Hunger Free  
          Kids Act (HHFKA), implements recommendations of a Senate report  
          relative to use of cafeteria funds, and deletes obsolete  
          provisions.

           ANALYSIS  :    Existing law establishes the After School Education  
          and Safety (ASES) program, consisting of before and after school  
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          academic enrichment for pupils in kindergarten through grade 9.   
          ASES programs must agree that snacks made available through the  
          program conform to the nutrition standards for K-12 schools.   
          Before school programs are required to offer a breakfast meal  
          that meets federal child nutrition program regulations.  

          HHFKA and related regulations established new nutritional  
          requirements for the school breakfast program and the national  
          school lunch program.  The new requirements include a greater  
          emphasis on whole grain, fruits and vegetable offerings and  
          limits on caloric intake for specific age groups.  Schools are  
          also required to provide a serving of fruit or vegetable daily  
          for the breakfast or lunch meal to count as a reimbursable meal.  


          Existing law requires each school district to provide each needy  
          pupil one nutritionally adequate, free or reduced-price meal  
          during each schoolday, and defines a "nutritionally adequate  
          meal" as one that qualifies for reimbursement under the federal  
          child nutrition program regulations. 

          Existing law provides that cafeteria funds are to be used only  
          for expenditures authorized by the school district governing  
          board as necessary for the operation of school cafeterias,  
          including for the lease or purchase of additional cafeteria  
          equipment for the central food processing plant, vending  
          machines and their installation and housing, and computer  
          equipment and related software.  

          A school district's governing board may authorize the  
          establishment of one or more cafeteria revolving accounts.   
          Transfers, replenishments, and deposits between the cafeteria  
          fund and a cafeteria revolving account are allowed.  A cafeteria  
          revolving account may receive and spend funds in the same manner  
          and for the same purposes as authorized for a cafeteria account.

          The governing board of any school district, or of two or more  
          districts governed by the boards of identical personnel, may  
          make expenditures from the cafeteria fund for 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. 

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          With regard to charges against district funds versus charge  
          against cafeteria funds, existing law provides that:

           1. The cost of housing and equipping cafeterias is a charge  
             against the funds of the school district.  However, when the  
             governing board of a school district deems it necessary, the  
             school district governing board may make the cost of the  
             lease or purchase of additional cafeteria equipment for a  
             central food processing plant, and of vending machines and  
             their installation and housing, a charge against cafeteria  
             funds.  School district governing boards may at any time  
             within five years after the expenditure reimburse school  
             district funds from cafeteria funds.

           2. A school district governing board may, by resolution, make  
             the cost of maintenance of the physical plant used in  
             connection with cafeterias, the cost of replacement of  
             equipment and the cost of specified utilities a charge  
             against the funds of the school district.

           3. The school district governing board, or of two or more  
             districts governed by boards of identical personnel, may also  
             make the cost of the construction, alteration, or improvement  
             of a central food processing plant and the installation of  
             additional cafeteria equipment a charge against cafeteria  
             funds. Governing boards may at any time within five years  
             after the expenditure reimburse district funds from cafeteria  
             funds. 

          Existing law authorizes a school district governing board to  
          establish and maintain a cafeteria funds reserve for the  
          purchase, lease, maintenance or replacement of cafeteria  
          equipment, to be known as the cafeteria equipment reserve.   
          These funds are to be derived from the sales of food in the  
          school cafeterias in an amount to be determined by the governing  
          board and may be accumulated from year to year until expended  
          for this purpose.  These funds may only be used for the  
          purchase, lease, maintenance, or replacement of cafeteria  
          equipment.  

          This bill:

           1. Repeals a school district's authority to:  (a) establish one  

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             or more revolving accounts within its cafeteria fund; (b)  
             transfer, replenish and deposit funds between the cafeteria  
             fund and a cafeteria revolving account; and, (c) make  
             expenditures from the cafeteria fund for the construction,  
             alteration, or improvement of a central food processing  
             plant. 

           2. Modifies authority for a school district or two or more  
             school districts governed by boards of identical personnel to  
             make expenditures from the cafeteria fund to allow for the  
             purchase and installation of additional preparation, cooking,  
             or service equipment for a kitchen or central food processing  
             plant. 

           3. Removes the cost of cafeteria equipment from a charge  
             against district funds and, instead, requires the cost of the  
             lease or purchase of cafeteria equipment and of vending  
             machines and their installation and housing to be charged  
             against cafeteria funds. 

           4. Changes from cafeteria funds to district funds, the source  
             that may be used for the lease or purchase of cafeteria  
             equipment for a kitchen or central food processing plant, and  
             vending machines and their installation and housing. 

           5. Reduces from within five years, to the same fiscal year, the  
             amount of time in which a school district governing board may  
             reimburse school district funds from cafeteria funds. 

           6. Limits the authority of school districts to approve  
             reimbursement for vending machines, as specified.

           7. Makes various changes to requirements for the sale of food  
             and beverages in elementary, middle, and high school both  
             during and outside of the school day.  Specifically:

              A.    Allows afterschool programs the option to serve either  
                supper or lunch.

              B.    Clarifies the nutritional definition of an elementary  
                school, middle school, and high school.

              C.    Clarifies what food items can be sold before school  
                and after school at an elementary school, middle school,  

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                and high school.  For example, items may include full  
                meals, individually sold dairy or whole grain foods, and  
                individually sold portions of nuts, nut butters, seeds,  
                eggs, cheese packaged for individual sale, fruit,  
                vegetables that have not been deep fried, and legumes.

              D.    Clarifies what beverages can be sold before school and  
                after school at an elementary school, middle school, and  
                high school.  For example, beverages may include  
                fruit-based drinks that are composed of no less than 50%  
                fruit juice and have no added sweetener, drinking water  
                with no added sweetener, two-percent-fat milk,  
                one-percent-fat milk, nonfat milk, soy milk, rice milk,  
                and other similar nondairy milk.

              E.    Restricts the sale of food items and beverages that do  
                not meet federal standards.  The sale of those items must  
                take place off and away from school premises or take place  
                on school premises at least one-half hour after the end of  
                the school day.

           1. Requires the Department of Education (CDE) to monitor school  
             district compliance, in conformity with the United States  
             Department of Agriculture's administrative review process.

           2. Changes from district funds to cafeteria funds, the source  
             that may be used for maintenance of the kitchen facilities,  
             equipment, telephone charges, water, drinking water,  
             electricity, gas, coal, wood, fuel, oil, and garbage disposal  
             related to food service and delivery.  Adds the condition  
             that the school district complies with all applicable state  
             and federal laws and regulations.

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

          According to the Senate Appropriations Committee, the majority  
          of the provisions of this bill make changes to local authority  
          and program requirements implemented at the local level, for  
          participating schools and school districts.  These changes are  
          unlikely to drive any significant new cost to the state.  Those  
          being changed to comply with federal law could result in  
          additional costs to school districts, but are conditions of  
          their participation in a program for which they receive federal  

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          funding.

              Compliance monitoring  .  Potentially significant increased  
             staffing costs (Federal Funds) for the CDE to provide program  
             compliance monitoring. 

           SUPPORT  :   (Verified  9/3/13)

          Superintendent of Public Instruction Tom Torlakson (source)
          Aspiranet
          California Black Health Network
          California Chiropractic Association
          California Food Policy Advocates
          California Optometric Association
          California State PTA
          Emery Unified School District
          John Swett Unified School District
          Los Angeles County Office of Education
          San Bernardino County District Advocates for Better Schools
          San Francisco Unified School District
          The Edible Schoolyard Project


           ARGUMENTS IN SUPPORT  :    According to the author, "The  
          California Department of Education is required to ensure that  
          local educational agencies participating in federal School  
          Nutrition Programs comply with all applicable state and federal  
          laws and regulations.  HHFKA has a new set of nutritional  
          standards for elementary, middle and high schools.  In addition  
          to healthier nutritional standards, the HHFKA also aims at  
          increasing access for students and improving oversight of  
          nutritional programs.  This bill makes changes to current state  
          laws in order to comply with the new federal laws and  
          regulations set forth by the HHFKA."


           ASSEMBLY FLOOR  :  72-3, 5/28/13
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,  
            Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,  
            Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,  
            Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,  
            Gray, Hagman, Hall, Harkey, Roger Hernández, Jones,  
            Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Mansoor,  

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            Medina, Mitchell, Morrell, Mullin, Muratsuchi, Nazarian,  
            Nestande, Olsen, Pan, Perea, V. Manuel Pérez, Quirk,  
            Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting, Wagner,  
            Weber, Wieckowski, Wilk, Williams, Yamada, John A. Pérez
          NOES:  Donnelly, Grove, Logue
          NO VOTE RECORDED:  Holden, Melendez, Patterson, Waldron, Vacancy


          PQ:k  9/3/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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