Senate Bill No. 1169

Introduced by Senator McGuire

February 18, 2016

An act to amend Sections 49430, 49430.5, 49430.7, 49431, 49431.2, 49431.5, 49431.7, and 49432 of the Education Code, relating to pupil nutrition.

LEGISLATIVE COUNSEL’S DIGEST

SB 1169, as introduced, McGuire. Pupil nutrition: competitive food service and standards.

Existing federal law establishes nutritional standards for all food and beverages other than meals reimbursed under programs authorized by the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 available for sale to pupils on the school campus during the schoolday.

Existing state law establishes nutritional standards for all food and beverages sold or served to pupils in elementary, middle, and high school.

This bill would update state law to conform to the federal standards. To the extent these changes would impose new duties on school districts and county offices of education, the bill would impose a state-mandated local program.

Existing law requires every public school to post the school district’s nutrition and physical activity policies, in public view within all school cafeterias or other central eating areas.

This bill would, instead, require every public school to inform the public about the content of the school’s local school wellness policy and make the local school wellness policy and any updates to the policy available to the public on an annual basis, thereby imposing 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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

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

SECTION 1.  

Section 49430 of the Education Code is amended
to read:

49430.  

As used in this article, the following terms have the
following meanings:

begin delete

(a) “Elementary school” means a school operated and maintained
by a school district or county office of education that maintains
any grade from kindergarten to grade 6, inclusive, but no grade
higher than grade 6.

end delete begin delete

(b) “Middle school” means a school operated and maintained
by a school district or county office of education that maintains
grade 7 or 8, 7 to 9, inclusive, or 7 to 10, inclusive.

end delete begin delete

(c) “High school” means a school operated and maintained by
a school district or county office of education maintaining any of
grades 9 to 12, inclusive.

end delete begin delete

(d) “Full meal” means a combination of food items that meet
USDA-approved School Breakfast Program or National School
Lunch Program meal pattern requirements.

end delete begin delete

(e) “Added sweetener” means an additive other than 100 percent
fruit juice that enhances the sweetness of a beverage.

end delete begin delete

(f) “Sold” means the exchange of food or beverages for money,
coupons, vouchers, or order forms, when any part of the exchange
occurs on a school campus.

end delete begin insert

(a) “Added sweetener” means an additive other than 100
percent fruit juice that enhances the sweetness of a beverage.

end insert begin insert

(b) “Combination foods” means products that contain two or
more components representing two or more of the recommended
food groups: fruit, vegetable, dairy, protein, or grains.

end insert begin insert

(c) “Competitive foods” means all food and beverages other
than meals reimbursed under programs authorized by the federal
Richard B. Russell National School Lunch Act (Public Law 113-79)
and the federal Child Nutrition Act of 1966 (42 U.S.C. Sec. 1771
et seq.) available for sale to pupils on the school campus during
the schoolday.

end insert begin insert

(d) “Deep fried” means a food item that is cooked by total
submersion in oil or fat.

end insert begin insert

(e) “Elementary school” means a school operated and
maintained by a school district or county office of education that
maintains any grade from kindergarten to grade 6, inclusive, but
no grade higher than grade 6.

end insert begin delete

(g)

end delete

begin insert (f) end insert  “Entrée” means a food that is generally regarded as being
the primary food in a meal, and shall include, but not be limited
to, sandwiches, burritos, pasta, and pizza.

begin delete

(h) “Snack” means a food that is generally regarded as
supplementing a meal, including, but not limited to, chips, crackers,
onion rings, nachos, french fries, donuts, cookies, pastries,
cinnamon rolls, and candy.

end delete

begin insert (g) end insert begin insert   end insert begin insert “Flash fried” means a food item that is quickly fried on both
sides in oil with a temperature of 400 degrees Fahrenheit or higher. end insert

begin insert

(h) “High school” means a school operated and maintained by
a school district or county office of education maintaining any of
grades 9 to 12, inclusive.

end insert begin insert

(i) “Middle school” means a school operated and maintained
by a school district or county office of education that maintains
grade 7 or 8, grades 7 to 9, inclusive, or grades 7 to 10, inclusive.

end insert begin insert

(j) “Par fried” means a food item that is fried to reach an
internal temperature of 160 degrees Fahrenheit then it is cooled
to room temperature so that it may be refrigerated or frozen for
future frying.

end insert begin insert

(k) “School campus” means all areas of the property under the
jurisdiction of the school that are accessible to pupils during the
schoolday.

end insert begin delete

(i) “Deep fried” means a food item is cooked by total submersion
in oil or fat.

(j) “Par fried” means a food item is fried to reach an internal
temperature of 160 degrees Fahrenheit then is cooled to room
temperature so that it may be refrigerated or frozen for future
frying.

(k) “Flash fried” means a food item is quickly fried on both
sides in oil with a temperature of 400 degrees Fahrenheit or higher.

end delete begin insert

(l) “Schoolday” means the period from the midnight before to
30 minutes after the end of the official schoolday.

end insert begin insert

(m) “Snack” means a food that is generally regarded as
supplementing a meal, including, but not limited to, chips, crackers,
yogurt, cheese, nuts, seeds, fruit, or vegetables.

end insert begin insert

(n) “Sold” means the exchange of food or beverages for money,
coupons, vouchers, or order forms, when any part of the exchange
occurs on a school campus.

end insert

SEC. 2.  

Section 49430.5 of the Education Code is amended to
read:

49430.5.  

(a) The reimbursement a school receives for free and
reduced-price meals sold or served to pupils in elementary, middle,
or high schools included within a school district, charter school,
or county office of education shall be twenty-two and seventy-one
hundredths cents ($0.2271) per meal, and, for meals served in child
care centers and homes, the reimbursement shall be sixteen and
ninety-one hundredths cents ($0.1691) per meal.

(b) To qualify for the reimbursement for free and reduced-price
meals provided to pupils in elementary, middle, or high schools,
a school shall follow the begin delete Enhanced Food Based Meal Pattern,
Nutrient Standard Meal Planning, or Traditional Meal Pattern
developed by the end delete United States Department of Agriculture begin delete or the
SHAPE Menu Patterns developed by the state. end delete begin insert meal pattern. end insert

(c) The reimbursement rates set forth in this section shall be
adjusted annually for increases in cost of living in the same manner
set forth in Section 42238.1.

SEC. 3.  

Section 49430.7 of the Education Code is amended to
read:

49430.7.  

(a) For purposes of this section, the following terms
have the following meanings:

begin delete

(1) “School” means a school operated and maintained by a
school district or county office of education, or a charter school.

end delete begin delete

(2) “School district” means a school district, charter school, or
county office of education.

end delete begin delete

(3) “Child development program” means a program operated
pursuant to Chapter 2 (commencing with Section 8200) of Part 6
of Division 1 of Title 1.

end delete begin insert

(1) “Child development program” means a program operated
pursuant to Chapter 2 (commencing with Section 8200) of Part 6
of Division 1 of Title 1.

end insert begin insert

(2) “School” means a school operated and maintained by a
school district or county office of education, or a charter school.

end insert begin insert

(3) “School district” means a school district, charter school,
or county office of education.

end insert

(b) As a condition of receipt of funds pursuant to Section
49430.5, commencing with the 2007-08 fiscal year, for meals and
food items sold as part of the free and reduced-price meal
programs, a school or school district shall comply with all of the
following requirements and prohibitions:

(1) Follow the United States Department of Agriculture begin delete (USDA)
nutritional guidelines or the menu planning options of Shaping
Health as Partners in Education developed by the state (SHAPE
California network). end delete begin insert meal pattern. end insert

(2) Not sell or serve a food item that has in any way been deep
fried, par fried, or flash fried by a school or school district.

(3) Not sell or serve a food item containing artificial trans fat.
A food item contains artificial trans fat if it contains vegetable
shortening, margarine, or any kind of hydrogenated or partially
hydrogenated vegetable oil, unless the manufacturer’s
documentation or the label required on the food, pursuant to
applicable federal and state law, lists the trans fat content as less
than 0.5 gram per serving.

(4) Not sell or serve a food item that, as part of the
manufacturing process, has been deep fried, par fried, or flash fried
in an oil or fat that is prohibited by this paragraph. Oils and fats
prohibited by this paragraph include, but are not limited to, palm,
coconut, palm kernel, begin insert and end insert lard, typically solid at room temperature
and are known to negatively impact cardiovascular health. Oils
permitted by this paragraph include, but are not limited to, canola,
safflower, sunflower, corn, olive, soybean, peanut, or a blend of
these oils, typically liquid at room temperature and are known for
their positive cardiovascular benefit.

(c)  begin delete Commencing with the 2007-08 fiscal year, for end delete begin insert For end insert meals
and food items sold as part of the free and reduced-price meal
programs, a child development program is encouraged to comply
with all of the following guidelines:

(1) Meet developmentally and programmatically appropriate
meal pattern and begin delete meal planning requirements developed by the
USDA or menu planning options of Shaping Health as Partners in
Education developed by the state (SHAPE California network). end delete
begin insert the United States Department of Agriculture meal pattern. end insert

(2) Not sell or serve a food item that has in any way been deep
fried, par fried, or flash fried by a school, school district, or child
development program.

(3) Not sell or serve a food item containing artificial trans fat.
A food item contains artificial trans fat if it contains vegetable
shortening, margarine, or any kind of hydrogenated or partially
hydrogenated vegetable oil, unless the manufacturer’s
documentation or the label required on the food, pursuant to
applicable federal and state law, lists the trans fat content as less
than 0.5 gram per serving.

(4) Not sell or serve a food item that, as part of the
manufacturing process, has been deep fried, par fried, or flash fried
in an oil or fat prohibited by this paragraph. Oils and fats prohibited
by this paragraph include, but are not limited to, palm, coconut,
palm kernel, begin insert and end insert lard, typically solid at room temperature and are
known to negatively impact cardiovascular health. Oils permitted
by this provision include, but are not limited to, canola, safflower,
sunflower, corn, olive, soybean, peanut, or a blend of these oils,
typically liquid at room temperature and are known for their
positive cardiovascular benefit.

begin delete

(d) The prohibitions and requirements of this section regarding
food items sold or served by a school or school district apply to
raw bulk USDA commodity foods ordered by schools or school
districts and sent to commercial processors for conversion into
ready to use end products, but do not apply to other USDA
commodity foods until the scheduled 2009 reauthorization of the
USDA National School Lunch Program is complete or ingredient
and nutrition information is available for all USDA commodity
foods, whichever is earlier.

end delete begin delete

(e)

end delete

begin insert (d) end insert  As a condition of receipt of funds pursuant to Section
49430.5, begin delete by no later than June 30, 2008, and annually thereafter, end delete
schools and school districts shall provide the department with an
annual certification of compliance with the provisions of this
section.

begin delete

(f)

end delete

begin insert (e) end insert  This section shall become operative only upon an
appropriation for its purposes in the annual Budget Act or another
statute.

SEC. 4.  

Section 49431 of the Education Code is amended to
read:

49431.  

(a)  begin delete (1) end delete begin delete   end delete From begin delete one-half hour end delete begin insert the midnight end insert before begin delete the
start of the schoolday end delete to begin delete one-half hour end delete begin insert 30 minutes end insert after the begin insert end of
the official end insert schoolday, at each elementary school, the only begin delete food end delete
begin insert competitive foods end insert that may be sold to a pupil are begin delete 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. end delete begin insert fruit, vegetable, dairy, protein, or whole grain rich food
items; foods with a fruit, vegetable, dairy, protein, or whole grain
item as its first ingredient; or combination foods containing at
least one-quarter cup of fruit or vegetable; that meets the following
standards: end insert

begin delete

(2) An individually sold dairy or whole grain food item, 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 may be sold to pupils at an elementary
school, except food sold as part of a USDA meal program, if they
meet all of the following standards:

(A)

end delete

begin insert (1) end insert  Not more than 35 percent of its total calories shall be from
fat. This begin delete subparagraph end delete begin insert paragraph end insert shall not apply to individually
sold portions of nuts, nut butters, seeds, begin delete eggs, end delete begin insert seed butters,
reduced-fat end insert cheese begin insert or part skim mozzarella cheese end insert packaged for
individual sale, begin delete fruit, end delete begin insert fruits, end insert vegetables that have not been deep
fried, begin delete or legumes. end delete begin insert seafood, or a dried fruit and nut and seed
combination. end insert

begin delete

(B) Not more than 10 percent of its total calories shall be from
saturated fat. This subparagraph shall not apply to eggs or cheese
packaged for individual sale.

end delete begin insert

(2) Less than 10 percent of its total calories shall be from
saturated fat. This paragraph shall not apply to reduced-fat cheese
or part skim mozzarella cheese packaged for individual sale, nuts,
nut butters, seeds, seed butters, or a dried fruit and nut and seed
combination.

end insert begin delete

(C)

end delete

begin insert (3) end insert  Not more than 35 percent of its total weight shall be
composed of sugar, including naturally occurring and added sugar.
This begin delete subparagraph end delete begin insert paragraph end insert shall not apply to begin delete fruit or end delete begin insert fruits, end insert
vegetables that have not been deep begin delete fried. end delete begin insert fried, or a dried fruit and
nut and seed combination. end insert

begin insert

(4) Contains less than 0.5 grams of trans fat per serving.

end insert begin insert

(5) Contains not more than 200 milligrams of sodium per item,
package, or container sold to a pupil.

end insert begin delete

(D) Not

end delete

begin insert (6) end insert begin insert   end insert begin insert Contains not end insert more than begin delete 175 end delete begin insert 200 end insert calories per individual food
item.

(b) An elementary school may permit the sale of food items that
do not comply with subdivision (a) as part of a school fundraising
event in either of the following circumstances:

(1) The sale of those items takes place off of and away from
school premises.

(2) The sale of those items takes place on school premises at
least one-half hour after the end of the schoolday.

(c) It is the intent of the Legislature that the governing board of
a school district annually review its compliance with the nutrition
standards described in this section and Section 49431.5.

SEC. 5.  

Section 49431.2 of the Education Code is amended to
read:

49431.2.  

(a) From begin delete one-half hour end delete begin insert the midnight end insert before begin delete the start
of the schoolday end delete to begin delete one-half hour end delete begin insert 30 minutes end insert after the begin insert end of the
official end insert schoolday, begin delete snacks sold to a pupil in end delete begin insert at each end insert middle school
or high begin delete school, except food served as part of a USDA meal
program, shall end delete begin insert school, the only competitive snack foods that may
be sold to a pupil are fruit, vegetable, dairy, protein, or whole
grain rich food items; foods with a fruit, vegetable, dairy, protein,
or whole grain item as its first ingredient; or combination foods
containing at least one-quarter cup of fruit or vegetable; that end insert meet
all of the following standards:

(1) Not more than 35 percent of its total calories shall be from
fat. This paragraph does not apply to the sale of nuts, nut butters,
seeds, begin delete eggs, end delete begin insert seed butters, reduced-fat end insert cheese begin insert or part skim
mozzarella cheese end insert packaged for individual sale, fruits, vegetables
that have not been deep fried, begin insert seafood, end insert or begin delete legumes. end delete begin insert a dried fruit
and nut and seed combination. end insert

(2)  begin delete Not more end delete begin insert Less end insert than 10 percent of its total calories shall be
from saturated fat. This paragraph begin delete does end delete begin insert shall end insert not apply to begin delete eggs or end delete
begin insert reduced-fat end insert cheese begin insert or part skim mozzarella cheese end insert packaged for
individual begin delete sale. end delete begin insert sale, nuts, nut butters, seeds, seed butters, or a
dried fruit and nut and seed combination. end insert

(3) Not more than 35 percent of its total weight shall be
composed of sugar, including naturally occurring and added sugars.
This paragraph begin delete does end delete begin insert shall end insert not apply to the sale of begin delete fruits or end delete begin insert fruits, end insert
vegetables that have not been deep begin delete fried. end delete begin insert fried, or a dried fruit and
nut and seed combination. end insert

begin insert

(4) Contains less than 0.5 grams of trans fat per serving.

end insert begin insert

(5) Contains not more than 200 milligrams of sodium per item,
package, or container sold to a pupil.

end insert begin delete

(4) No

end delete

begin insert (6) end insert begin insert   end insert begin insert Contains not end insert more than begin delete 250 end delete begin insert 200 end insert calories per individual food
item.

(b)  begin insert (1) end insert begin insert   end insert From begin delete one-half hour end delete begin insert the midnight end insert before begin delete the start of the
schoolday end delete to begin delete one-half hour end delete begin insert 30 minutes end insert after the begin insert end of the official end insert
schoolday, begin delete entrée items sold to a pupil in end delete begin insert at each end insert middle school
or high begin delete school, except food served as part of a USDA meal
program, shall contain no more than 400 calories per entrée, and
shall contain no more than 4 grams of fat per 100 calories contained
in each entrée. end delete begin insert school, a competitive entrée sold by the district
food service department the day, or the day after, it is served on
the federal National School Lunch Program or federal School
Breakfast Program menu shall meet the following standards: end insert

begin insert

(A) Contains not more than 400 calories per entrée item.

end insert begin insert

(B) Not more than 35 percent of its total calories shall be from
fat.

end insert begin insert

(C) Contains less than 0.5 grams trans fat per serving.

end insert begin insert

(D) Is offered in the same or smaller portion sizes as in the
federal National School Lunch Program or federal School
Breakfast Program.

end insert begin insert

(2) From the midnight before to 30 minutes after the end of the
official schoolday, at each middle school or high school, a
competitive entrée sold by the district food service department but
not the day, or the day after, it is served on the federal National
School Lunch Program or federal School Breakfast Program menu,
or a competitive entrée sold by any other entity, shall meet the
following standards:

end insert begin insert

(A) Not more than 35 percent of its total calories shall be from
fat.

end insert begin insert

(B) Less than 10 percent of its calories shall be from saturated
fat.

end insert begin insert

(C) Not more than 35 percent of its total weight shall be
composed of sugar, including naturally occurring and added sugar.

end insert begin insert

(D) Contains less than 0.5 grams of trans fat per serving.

end insert begin insert

(E) Contains not more than 480 milligrams of sodium.

end insert begin insert

(F) Contains not more than 350 calories.

end insert

(c) A middle school or high school may permit the sale of food
items that do not comply with subdivision (a) or (b) in any of the
following circumstances:

(1) The sale of those items takes place off of and away from
school premises.

(2) The sale of those items takes place on school premises at
least one-half hour after the end of the schoolday.

(d) It is the intent of the Legislature that the governing board
of a school district annually review its compliance with the
nutrition standards described in this section.

SEC. 6.  

Section 49431.5 of the Education Code is amended to
read:

49431.5.  

(a) (1)  begin delete Regardless of the time of day, only the
following beverages may be sold to a pupil at an elementary school: end delete
begin insert From the midnight before to 30 minutes after the end of the official
schoolday, at each elementary or middle school, the only
competitive beverages that may be sold to a pupil are the following: end insert

(A) Fruit-based drinks that are composed of no less than 50
percent fruit juice and have no added begin delete sweetener. end delete begin insert sweetener in a
maximum serving size of eight fluid ounces for elementary school
or 12 fluid ounces for middle school. end insert

(B) Vegetable-based drinks that are composed of no less than
50 percent vegetable juice and have no added begin delete sweetener. end delete begin insert sweetener
in a maximum serving size of eight end insert begin insert fluid ounces for elementary
school or 12 fluid ounces for middle school. end insert

(C)  begin delete Drinking end delete begin insert Plain drinking end insert water with no added begin delete sweetener. end delete
begin insert sweetener or flavor. end insert

(D) One-percent-fat begin insert unflavored end insert milk, nonfat begin insert flavored or
unflavored end insert milk, soy milk, rice milk, and other similar nondairy
begin delete milk. end delete begin insert milk in a maximum serving size of eight end insert begin insert fluid ounces for
elementary school or 12 fluid ounces for middle school. end insert

begin insert

(E) No beverage may contain caffeine with the exception of
trace amounts of naturally occurring caffeine substances.

end insert

(2) An elementary school begin insert or middle school end insert may permit the sale
of beverages that do not comply with paragraph (1) as part of a
school fundraising event in either of the following circumstances:

(A) The sale of those items takes place off and away from the
premises of the school.

(B) The sale of those items takes place on school premises at
least one-half hour after the end of the schoolday.

(3) From begin delete one-half hour end delete begin insert the midnight end insert before begin delete the start of the
schoolday to one-half hour end delete begin insert to 30 minutes end insert after the end of the begin insert official end insert
schoolday, begin delete only the following beverages may be sold to a pupil at
a middle school or end delete begin insert at each end insert high begin delete school: end delete begin insert school, the only competitive
beverages that may be sold to a pupil are the following: end insert

(A) Fruit-based drinks that are composed of no less than 50
percent fruit juice and have no added begin delete sweetener. end delete begin insert sweetener in a
maximum serving size of 12 fluid ounces. end insert

(B) Vegetable-based drinks that are composed of no less than
50 percent vegetable juice and have no added begin delete sweetener. end delete begin insert sweetener
in a maximum serving size of 12 fluid ounces. end insert

(C)  begin delete Drinking end delete begin insert Plain drinking end insert water with no added begin delete sweetener. end delete
begin insert sweetener or flavor. end insert

(D) One-percent-fat begin insert unflavored end insert milk, nonfat begin insert flavored or
unflavored end insert milk, soy milk, rice milk, and other similar nondairy
begin delete milk. end delete begin insert milk end insert begin insert in a maximum serving size of 12 fluid ounces. end insert

begin insert

(E) Other beverages that are labeled to contain less than five
calories per eight fluid ounces in a maximum serving size of 20
fluid ounces.

end insert begin insert

(F) Other beverages that are labeled to contain no more than
40 calories per eight fluid ounces in a maximum serving size of
12 fluid ounces.

end insert begin insert

(G) Beverages labeled or commonly referred to as sodas, colas,
or soft drinks are not allowed.

end insert begin insert

(H) No beverage may contain caffeine with the exception of
trace amounts of naturally occurring caffeine substances.

end insert

(4) A begin delete middle school or end delete high school may permit the sale of
beverages that do not comply with paragraph (3) as part of a school
event if the sale of those items meets either of the following
criteria:

(A) The sale of those items takes place off and away from the
premises of the school.

(B) The sale of those items takes place on school premises at
least one-half hour after the end of the schoolday.

(b) It is the intent of the Legislature that the governing board
of a school district annually review its compliance with this section.

(c) Notwithstanding Article 3 (commencing with Section 33050)
of Chapter 1 of Part 20 of Division 2, compliance with this section
may not be waived.

SEC. 7.  

Section 49431.7 of the Education Code is amended to
read:

49431.7.  

(a) From begin delete one-half hour end delete begin insert the midnight end insert before begin delete the start
of the schoolday end delete to begin delete one-half hour end delete begin insert 30 minutes end insert after the end of the
begin insert official end insert schoolday, a school or school district shall not sell to pupils
enrolled in kindergarten, or any of grades 1 to 12, inclusive, food
containing artificial trans fat, as defined in subdivision (b).

(b) For purposes of this section, a food contains artificial trans
fat if a food contains vegetable shortening, margarine, or any kind
of partially hydrogenated vegetable oil, unless the manufacturer’s
documentation or the label required on the food, pursuant to
applicable federal and state law, lists the trans fat content as less
than 0.5 grams of trans fat per serving.

(c) This section shall not apply to food provided as part of a
begin delete USDA end delete begin insert United States Department of Agriculture end insert meal program.

SEC. 8.  

Section 49432 of the Education Code is amended to
read:

49432.  

Every public school may post a summary of nutrition
and physical activity laws and regulations, and shall begin delete post the school
district’s nutrition and physical activity policies, in public view
within all school cafeterias or other central eating areas. end delete begin insert inform
the public about the content of the school’s local school wellness
policy, established pursuant to the federal Healthy, Hunger-Free
Kids Act of 2010 (Public Law 111-296), and make the local school
wellness policy and any updates to the policy available to the
public on an annual basis. end insert The department shall develop the
summary of state law and regulations.

SEC. 9.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
this act implements a federal law or regulation and results in costs
mandated by the federal government, within the meaning of Section
17556 of the Government Code.

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