BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          ABX2 9 (Thurmond) - Tobacco use programs
          
           ----------------------------------------------------------------- 
          |                                                                 |
          |                                                                 |
          |                                                                 |
           ----------------------------------------------------------------- 
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Version: August 27, 2015        |Policy Vote:  P.H. & D.S.  9-3  |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Urgency: No                     |Mandate: Yes                    |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Hearing Date: Mach 8, 2016      |Consultant: Brendan McCarthy    |
          |                                |                                |
           ----------------------------------------------------------------- 

          This bill meets the criteria for referral to the Suspense File.

          Bill  
          Summary:  AB X2 9 would extend the eligibility for an existing  
          tobacco use prevention grant program in schools to charter  
          schools. The bill would require schools to post signs notifying  
          the public that tobacco use is prohibited on school property.


          Fiscal  
          Impact:  
           Potential state reimbursable mandate costs up to $120,000 due  
            to the requirement that schools post signs notifying the  
            public that tobacco use is prohibited (General Fund). Under  
            current law, school districts that apply for certain grant  
            funds must adopt anti-tobacco use policies, including a  
            requirement to post signs at school sites. About 80% of school  
            districts have adopted such policies in order to qualify for  
            grant funds. This bill would prohibit tobacco use at all  
            school sites and require all schools to post signs. By  
            requiring all schools to comply with this requirement, the  
            bill imposes a state mandate. Whether the state would be  
            obligated to reimburse school districts for this cost will  
            depend on whether the Commission on State Mandates determines  







          AB X2 9 (Thurmond)                                     Page 1 of  
          ?
          
          
            that this requirement imposes an additional duty on school  
            districts.

           Unknown cost pressure on existing grant funds (Proposition 99  
            funds). The bill specifically authorizes charter schools to  
            access an existing grant program. There are indications that  
            charter school participation in the current grant program is  
            low. To the extent that the bill results in additional charter  
            schools applying for grant funds, that would put cost pressure  
            on the existing grant program.


          Background:  Under current law, the state Department of Education provides  
          competitive grant funds to school districts to fund tobacco  
          education programs for students. This grant program is funded  
          with Proposition 99 tobacco tax revenues. A condition for  
          participation in the program is that school districts adopt  
          tobacco-free policies, including a requirement that  
          participating schools post signs notifying the public that  
          tobacco use is prohibited. Current law does not specify whether  
          charter schools are eligible for this funding. Under current  
          practice, a charter school could access these grant funds by  
          applying through the local county office of education. 


          Proposed Law:  
            AB X2 9 would extend eligibility for existing tobacco use  
          prevention programs in schools to charter schools. 
          The bill would prohibit the use of tobacco and nicotine products  
          at all school facilities, county offices of education, charter  
          schools, and other school-related facilities. The bill would  
          require school districts to post signs notifying the public that  
          tobacco use is prohibited on school property.







          Related  
          Legislation:  
                 SB X2 8 (Liu) is identical to this bill. That bill is  
               pending in the Assembly.








          AB X2 9 (Thurmond)                                     Page 2 of  
          ?
          
          
                 AB 320 (Nazarian, 2013) was substantially similar to  
               this bill. That bill was held on the Assembly  
               Appropriations Committee's Suspense File.


                                      -- END --