BILL ANALYSIS Ó SB 949 Page 1 Date of Hearing: August 6, 2014 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair SB 949 (Jackson) - As Amended: June 26, 2014 Policy Committee: HealthVote:15-3 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill requires the Department of Public Health (DPH) to establish a recognition program for after-school programs that meet certain nutrition and physical activity criteria. FISCAL EFFECT 1)One-time costs to DPH of $150,000 GF to issue regulations, and $125,000 GF for information technology (IT) costs. 2)Assuming there are 5,000 after school programs statewide, and 10% of facility sites apply for recognition through this program, estimated costs to DPH of $380,000 GF annually for staff and travel costs to verify compliance with the bill's requirements, as well as minor ongoing GF costs to maintain a web site. Actual take-up of this voluntary recognition is unknown. COMMENTS 1)Purpose . The author believes a voluntary certification for after-school programs will help address poor nutrition and lack of physical activity, which have caused a rise in childhood obesity. The author contends it is common for after-school programs to provide sugary drinks and junk food, and relegate participants to watching TV and remaining sedentary. The author believes after-school programs should be recognized for providing excellent nutrition and physical activity in their programs. 2)Background . After-school programs are offered by numerous entities statewide, primarily school-affiliated public and SB 949 Page 2 private non-profit entities. There is no central licensure or regulatory entity that oversees all after-school programs, though the majority receive state funding through the California Department of Education (CDE) After School Education and Safety (ASES) program and federal funds (pursuant to Proposition 49 of 2002, ASES receives $550 million annually in state funding). Programs must meet certain CDE standards in order to qualify for funding. If a program seeks federal reimbursement for snacks or meals, the food must meet federal nutrition standards. California-specific standards apply for food sold to students. DPH currently does not oversee any aspects of school or after-school nutrition or physical activity programs. Some programs within DPH do provide technical assistance and information to assist school and after-school programs in complying with regulations of other entities, such as the United States Department of Agriculture or CDE. These DPH resources are educational or advisory in nature, and DPH does not issue or enforce any requirements. Therefore, DPH would need to establish an infrastructure for registering and verifying compliance for after-school programs who wished to participate. 3)Staff Comments . Although listing an after-school program as meeting program criteria on a state website implies the state is responsible for overseeing compliance, this bill does not clearly specify DPH must verify compliance. If DPH is not meant to verify compliance, this recognition program more appropriately belongs outside of state oversight. In addition, most licensure and certification programs in state government, including those administered by DPH, are supported by fees paid by certified entities. This bill requires DPH to establish a voluntary recognition program, but does not identify a funding source nor establish fee support for this program. Analysis Prepared by : Lisa Murawski / APPR. / (916) 319-2081