BILL ANALYSIS Ó AB 626 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 626 (Skinner and Lowenthal) As Amended July 10, 2013 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |72-3 |(May 28, 2013) |SENATE: |39-0 |(September 9, | | | | | | |2013) | ----------------------------------------------------------------- Original Committee Reference: ED. SUMMARY : Makes changes to school nutrition requirements, as specified. The Senate amendments : 1)Specify that the California Department of Education (CDE), in selecting grantees to participate in the 21st Century High School After School Safety and Enrichment for Teens program, shall consider the inclusion of a nutritional snack, meal, or both. 2)Delete the provision requiring a minimum of 50% of the items, other than reimbursed foods, offered for sale each school day at any school site by any entity or organization during regular school hours be selected from a specified list. 3)Delete the authorization for 2% milk to be sold in elementary, middle and high schools. 4)Make non-substantive technical and conforming changes. FISCAL EFFECT : 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 funding. Compliance monitoring: Potentially significant increased staffing costs (Federal Funds) for the CDE to provide program compliance monitoring. See Senate Appropriations Committee's staff AB 626 Page 2 comments. 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 or otherwise modernize cafeteria buildings. 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 meet 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 to sell the food to comply. The bill also authorizes afterschool programs to serve AB 626 Page 3 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: 0002223