Amended in Assembly March 3, 2016

Amended in Assembly August 27, 2015

California Legislature—2015–16 Second Extraordinary Session

Assembly BillNo. 9


Introduced by Assembly Members Thurmond and Nazarian

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(Principal coauthor: Senator Liu)

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July 16, 2015


An act to amend Sections 104420 and 104466 of, and to add Article 4 (commencing with Section 104559) to Chapter 1 of Part 3 of Division 103 of, the Health and Safety Code, relating to tobacco use programs.

LEGISLATIVE COUNSEL’S DIGEST

AB 9, as amended, Thurmond. Tobacco use programs.

Existing law establishes the Tobacco Education and Research Oversight Committee to provide advice to the State Department of Public Health and the State Department of Education with respect to policy development, integration, and evaluation of tobacco education programs. Existing law requires the State Department of Education to allocate funds to county offices of education for tobacco use prevention, intervention, and cessation activities. Existing law also requires that all school districts and county offices of education that receive funding, as specified, adopt and enforce a tobacco-free campus policy, no later than July of each fiscal year, prohibiting the use of tobacco products, any time, in district-owned or leased buildings, on district property and in district vehicles.

This bill would expand eligibility for funding for the tobacco use prevention program to include charter schools. The bill would require the State Department of Education to require that all school districts, charter schools, and county offices of education receiving funding under the program adopt and enforce a tobacco-free campus policy prohibiting the use of products containing tobacco and nicotine, as specified, in and on the properties described above and would, in addition, prohibit the use of tobacco and nicotine products in a county office of education, charter school or school district-owned or leased building, on school or district property, and in school or district vehicles without regard to whether those entities receive funding. The bill would also require school districts, charter schools, and county offices of education to prominently display signs at all entrances to school property stating “Tobacco use is prohibited.” The bill would make other technical and clarifying changes.

By imposing new duties on school districts and county offices of education, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 104420 of the Health and Safety Code
2 is amended to read:

3

104420.  

The State Department of Education shall provide the
4leadership for the successful implementation of this article in
5programs administered by local public and private schools, school
6districts, and county offices of education. The State Department
7of Education shall do all of the following:

8(a) Provide a planning and technical assistance program to carry
9out its responsibilities under this article.

10(b) Provide guidelines for schools, school districts, county
11 offices of education, and school district consortia to follow in the
12preparation of plans for implementation of antitobacco use
13programs for schoolage populations. The guidelinesbegin delete shall:end deletebegin insert shall
14do all of the following:end insert

P3    1(1) Require the applicant agency to select one or more model
2program designs and permit the applicant to modify the model
3program designs to take special local needs and conditions into
4account.

5(2) Require the applicant agency to prepare for each target
6population to be served a description of the service to be provided,
7an estimate of the number to be served, an estimate of the success
8 rate, and a method to determine to what extent goals have been
9achieved.

10(3) Require plan submissions to include a staffing configuration
11and a budget setting forth use and distribution of funds in a clear
12and detailed manner.

13(c) Prepare model program designs and information for schools,
14school districts, consortia, and county offices of education to follow
15in establishing direct service programs to targeted populations.
16Model program designs shall, to the extent feasible, be based on
17studies and evaluations that determine which service delivery
18systems are effective in reducing tobacco use and are cost effective.
19The State Department of Education shall consult with the
20department, and school districts with existing antitobacco programs
21in the preparation of model program designs and information.

22(d) Provide technical assistance for schools, school districts,
23and county offices of education regarding the prevention and
24cessation of tobacco use. In fulfilling its technical assistance
25responsibilities, the State Department of Education may establish
26a center for tobacco use prevention that shall identify, maintain,
27and develop instructional materials and curricula encouraging the
28prevention or cessation of tobacco use. The State Department of
29Education shall consult with the department and others with
30expertise in antitobacco materials or curricula in the preparation
31of these materials and curricula.

32(e) Monitor the implementation of programs that it has approved
33under this article to ensure successful implementation.

34(f) Prepare guidelines within 180 days of January 1, 1996, for
35a school-based program of outreach, education, intervention,
36counseling, peer counseling, and other activities to reduce and
37prevent smoking among schoolage youth.

38(g) Assist county offices of education to employ a tobacco use
39prevention coordinator to assist local schools and local public and
40community agencies in preventing tobacco use by pupils.

P4    1(h) Train the tobacco use prevention coordinators of county
2offices of education so that they are:

3(1) Familiar with relevant research regarding the effectiveness
4of various kinds of antitobacco use programs.

5(2) Familiar with department guidelines and requirements for
6submission, review, and approval of school-based plans.

7(3) Able to provide effective technical assistance to schools and
8school districts.

9(i) Establish a tobacco-free school recognition awards program.

10(j) As a condition of receiving funds pursuant to this article, the
11State Department of Education, county offices of education, charter
12schools, and school districts shall ensure that they coordinate their
13efforts toward smoking prevention and cessation with the lead
14local agency in the community where the local school district is
15located.

16(k) (1) Develop, in coordination with the county offices of
17education, and administer a competitive grant program for
18school-based, antitobacco education programs and tobacco use
19intervention and cessation activities in order to reduce the number
20of pupils who begin to use tobacco, continue to use tobacco, or
21both. Grants shall be awarded, after consultation with local lead
22agencies, the committee, and representatives of nonprofit
23organizations dedicated to the reduction of tobacco-associated
24disease, to school districts, charter schools, and county offices of
25education for all pupils in grades 6 to 12, inclusive, that comply
26with the requirements of paragraphs (2) and, if applicable, (3).

27(2) Every school district, charter school, and county office of
28education that receives a grant pursuant to this section shall provide
29tobacco use prevention instruction that addresses all of the
30following essential topics:

31(A) Immediate and long-term undesirable physiologic, cosmetic,
32and social consequences of tobacco use.

33(B) Reasons that adolescents say they smoke or use tobacco.

34(C) Peer norms and social influences that promote tobacco use.

35(D) Refusal skills for resisting social influences that promote
36tobacco use.

37(3) Every school district, charter school, and county office of
38education that receives a grant pursuant to this section for pupils
39in grades 7 to 12, inclusive, shall provide tobacco use intervention
40and cessation activities targeted for pupils in high-risk groups.

P5    1(4) The State Department of Education shall develop criteria
2and standards for the allocation of grant awards that consider the
3need to balance rural, suburban, and urban projects. In addition,
4the State Department of Education shall give priority to applicants
5and programs that do all of the following:

6(A) Target current smokers and pupils most at risk for beginning
7to use tobacco.

8(B) Offer or refer pupils to cessation classes for current smokers.

9(C) Utilize existing antismoking resources, including local
10antismoking efforts by local lead agencies and competitive grant
11recipients.

12(D) Design the project to coordinate with other community
13services, including, but not limited to, local health agencies,
14voluntary health organizations, and parent organizations.

15(E) Design the project to use and develop existing services and
16resources.

17(F) Demonstrate an understanding of the role that the
18environment and community norms play in influencing tobacco
19use.

20(5) Available funds shall determine grant award amounts.

21(l) Allocate funds to county offices of education to provide
22technical assistance and leadership for tobacco use prevention,
23intervention, and cessation programs. The funds shall be allocated
24to all participating county offices of education at a minimum
25amount of thirty-seven thousand five hundred dollars ($37,500).
26If funds appropriated for purposes of allocating at least thirty-seven
27thousand five hundred dollars ($37,500) to all participating county
28offices of education are insufficient, the Superintendent of Public
29Instruction shall prorate available funds among participating county
30offices of education ensuring that all participating county offices
31of education receive an equal minimum level of funding of
32thirty-seven thousand five hundred dollars ($37,500). If funds are
33sufficient to provide all participating county offices of education
34a minimum of thirty-seven thousand five hundred dollars ($37,500),
35the remaining funds shall be allocated according to the following
36schedule based on average daily attendance in the prior year
37credited to all elementary, high, and unified school districts, and
38to the county superintendent of schools within the county as
39certified by the Superintendent of Public Instruction:

P6    1(1) For counties with 550,000 or more units of average daily
2attendance, thirty cents ($0.30) per average daily attendance.

3(2) For counties with 100,000 or more and less than 550,000
4units of average daily attendance, sixty-five cents ($0.65) per
5average daily attendance.

6(3) For counties with 50,000 or more and less than 100,000
7units of average daily attendance, ninety cents ($0.90) per average
8daily attendance.

9(4) For counties with 37,500 or more and less than 50,000 units
10of average daily attendance, one dollar ($1) per average daily
11attendance.

12(5) For counties with less than 37,500 units of average daily
13attendance, thirty-seven thousand five hundred dollars ($37,500).

14(m) Allocate funds appropriated by Chapter 415 of the Statutes
15of 1995 for local assistance to school districts and county offices
16of education based on average daily attendance reported in the
17second principal apportionment in the prior fiscal year.

18(n) (1) Provide that all school districts, charter schools, and
19county offices of education that receive funding under subdivision
20(m) make reasonable progress toward providing a tobacco-free
21environment in school facilities for pupils and employees.

22(2) Require that all school districts, charter schools, and county
23offices of education that receive funding pursuant to paragraph (1)
24adopt and enforce a tobacco-free campus policy no later than July
25 1 of each fiscal year. The policy shall prohibit the use of products
26containing tobacco and nicotine, including, but not limited to,
27smokeless tobacco, snuff, chew, clove cigarettes, and electronic
28cigarettes that can deliver nicotine and nonnicotine vaporized
29solutions, at any time, in charter school or school district-owned
30or leased buildings, on school or district property, and in school
31or district vehicles. However, this section does not prohibit the use
32or possession of prescription products, nicotine patches, or nicotine
33gum. Information about the policy and enforcement procedures
34shall be communicated clearly to school personnel, parents, pupils,
35and the larger community. Signs stating “Tobacco use is
36prohibited” shall be prominently displayed at all entrances to school
37property as provided in Section 104559. Information about smoking
38cessation support programs shall be made available and encouraged
39for pupils and staff. Any school district, charter school, or county
40office of education that does not have a tobacco-free district policy
P7    1implemented by July 1, shall not be eligible to apply for funds
2from the Cigarette and Tobacco Products Surtax Fund for that
3fiscal year.

4

SEC. 2.  

Section 104466 of the Health and Safety Code is
5amended to read:

6

104466.  

Notwithstanding subdivision (a) of Section 2.00 of
7the Budget Act of 2002 and any other provision of law,
8commencing with the appropriation for the 2002-03 fiscal year,
9and for each fiscal year thereafter, any amount appropriated to the
10department or the State Department of Education to implement
11the following tobacco use prevention programs shall be available
12for encumbrance and expenditure for three fiscal years beyond the
13date of the appropriation:

14(a)  The program to evaluate tobacco control programs provided
15for in subdivisions (b) and (c) of Section 104375.

16(b)  The tobacco use prevention media campaign provided for
17in subdivision (e) of Section 104375.

18(c)  The competitive grant program provided for in Section
19104385.

20(d)  The local lead agency tobacco use prevention programs
21provided for in Section 104400.

22(e)  The tobacco use prevention program directed at schools
23provided for in Sections 104420, 104430, and 104435.

24

SEC. 3.  

Article 4 (commencing with Section 104559) is added
25to Chapter 1 of Part 3 of Division 103 of the Health and Safety
26Code
, to read:

27 

28Article 4.  Tobacco Use Prohibition
29

 

30

104559.  

(a) The use of tobacco and nicotine products is
31prohibited at any time in a county office of education, charter
32school or school district-owned or leased buildings, on school or
33district property, and in school or district vehicles. This includes,
34but is not limited to, smokeless tobacco, snuff, chew, clove
35cigarettes, and other nicotine delivery devices, such as electronic
36cigarettes.

37(b) School districts, charter schools, and county offices of
38education shall prominently display signs at all entrances to school
39property stating “Tobacco use is prohibited.”

P8    1

SEC. 4.  

If the Commission on State Mandates determines that
2this act contains costs mandated by the state, reimbursement to
3local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.



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