BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 626|
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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 Le�n, DeSaulnier, Monning,
Nielsen, Pavley, Wolk
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/30/13
AYES: De Le�n, 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, Ch�vez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,
Gray, Hagman, Hall, Harkey, Roger Hern�ndez, Jones,
Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Mansoor,
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Medina, Mitchell, Morrell, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Perea, V. Manuel P�rez, Quirk,
Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting, Wagner,
Weber, Wieckowski, Wilk, Williams, Yamada, John A. P�rez
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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