BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           627 (Brownley)
          
          Hearing Date:  08/27/2009           Amended: 06/24/2009
          Consultant:  Dan Troy           Policy Vote: ED 6-2, Health 7-3
          _________________________________________________________________ 
          ____
          BILL SUMMARY:   AB 627 would require all licensed child care  
          providers to adhere to specific nutrition requirements beginning  
          January 1, 2011.  The bill would also establish a pilot program  
          that provides a higher meal reimbursement rate to providers that  
          meet specific nutrition and physical activity standards.  
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
           
          DSS                    $431       $635        $635      General

          Pilot                  $2,900 over three years          Federal/
                                                                  Private

          Meal Reimbursement     Pressure in the millions to  
          increaseGeneral*
                                 meal reimbursement rate

          *Counts toward meeting the Proposition 98 minimum funding  
          guarantee
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: SUSPENSE FILE.
          
          Federal law establishes the Child and Adult Care Food Program  
          (CACFP) for the purpose of subsidizing meals and snacks for  
          child care centers and other programs to ensure adequate  
          nutrition is provided while under care.  In California, CACFP is  
          administered by the Department of Education.  Also, under state  
          law, the Department of Social Services is authorized to license  
          and regulate child care centers and ensure that the centers meet  
          specified requirements.

          This bill would require the Superintendent of Public Instruction  










          to establish a pilot program in child care centers and day care  
          homes to implement enhanced nutrition and physical activity  
          standards in exchange for a higher state meal reimbursement.   
          The California Department of Education (CDE) would be authorized  
          to convene a stakeholder group to advise the design,  
          implementation, and evaluation of the program. The pilot would  
          be implemented only to the extent that non-General Fund funding  
          sources are available.  The CDE would contract with an  
          independent agency to evaluate the implementation and outcomes  
          of the pilot and submit a report to the Legislature.  The  
          evaluation would consider the health outcomes, changes in food  
          and beverages provided, and the fiscal impact of implementation.  
           



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          AB 627 (Brownley)

          Additionally, this bill would require, as of January of 2011,  
          licensed child care facilities to meet the following  
          requirements for food and beverages served to children while in  
          their care:

                 Meals and snacks would need to include the minimum  
               standards required under CACFP;

                 Eliminate the offering of whole milk from children aged  
               2 or older;

                 Eliminate juices that are not deemed 100 percent juice  
               and restrict servings to one per day;

                 Require at least one vegetable to be served at lunch and  
               dinner;

                 Prohibit the deep fat frying of foods onsite;

                 Limit the amount of sugar to six grams per serving for  
               cereals; and 

                 Require water to be available throughout the day.

          In August 2007, the California Department of Education (CDE) and  
          the Health and Human Services Agency convened a stakeholder  
          group to make key recommendations for reducing childhood  










          overweight/obesity in child care settings.  One recommendation  
          was to establish nutrition standards for licensed child care  
          providers.  In August 2008, the CDE, in coordination with the  
          Department of Public Health, convened an advisory committee to  
          develop nutrition standards for child care.  The nutrition  
          standards established by this bill are consistent with the  
          recommendations of this group.

          According to information provided by CDE, total costs for the  
          pilot would be approximately $2.9 million.  CDE's assumptions  
          include an increase in the meal reimbursement rate of $0.12 for  
          13,500 preschoolers over an 18-month period, and additional  
          costs related to training, administration, and the evaluation.   
          The bill specifies this pilot will only be implemented when the  
          SPI determines there are sufficient non-General Fund sources  
          available.  Discussions with CDE indicate that several funding  
          sources have already been identified.  

          The Department of Social Services (DSS) indicates a need for  
          $431,000 in the current year and $635,000 ongoing to fund 8.5  
          positions to ensure that the state's 57,000 providers are  
          meeting the new criteria.  Staff notes that these estimates may  
          be somewhat overstated as this bill's requirements are not a  
          condition of licensure, though it is reasonable to assume the  
          bill will drive some new costs for DSS given the volume of  
          centers that are inspected.  These costs are likely in the low  
          hundreds of thousands.

          Currently, the state reimbursement rate per meal is $0.16.  To  
          the extent new requirements are added as a result of this bill  
          (particularly due to the results of the pilot 

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          AB 627 (Brownley)

          evaluation), there would be cost pressures, likely in the  
          millions, to increase the reimbursement rate.