BILL ANALYSIS
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THIRD READING
Bill No: AB 2084
Author: Brownley (D), et al
Amended: 8/20/10 in Senate
Vote: 21
SENATE HEALTH COMMITTEE : 6-1, 6/23/10
AYES: Alquist, Cedillo, Leno, Negrete McLeod, Pavley,
Romero
NOES: Aanestad
NO VOTE RECORDED: Strickland, Cox
SENATE APPROPRIATIONS COMMITTEE : 7-4, 8/12/10
AYES: Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
NOES: Ashburn, Emmerson, Walters, Wyland
ASSEMBLY FLOOR : 44-26, 5/24/10 - See last page for vote
SENATE FLOOR : 19-15, 8/24/10 (FAIL)
AYES: Alquist, Calderon, Cedillo, Corbett, DeSaulnier,
Florez, Hancock, Kehoe, Leno, Liu, Lowenthal, Negrete
McLeod, Padilla, Price, Romero, Simitian, Steinberg,
Wolk, Yee
NOES: Aanestad, Ashburn, Blakeslee, Cogdill, Correa,
Denham, Ducheny, Dutton, Emmerson, Huff, Runner,
Strickland, Walters, Wright, Wyland
NO VOTE RECORDED: Harman, Hollingsworth, Oropeza, Pavley,
Wiggins, Vacancy
SUBJECT : Child day care facilities: nutrition
SOURCE : California Center for Public Health Advocacy
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California Food Policy Advocates
DIGEST : This bill requires a licensed child day care
facility, as of January 1, 2012, to follow specified
requirements relating to the provision of beverages, with
specified exceptions, and allows the Department of Social
Services to adapt the provisions.
Senate Floor Amendments of 8/20/10 allow the Department of
Social Services to update nutrition standards for children
in child care settings in accordance with the federal
Dietary Guidelines for Americans published by the federal
Department of Agriculture and the Department of Health and
Human Services, and to adapt the provisions of the bill by
bulletin as necessary, and add Senator Leno as a co-author.
ANALYSIS : Existing federal law establishes the Child and
Adult Care Food Program (CACFP), authorized by the National
School Lunch Act which subsidizes meals and snacks for
specified populations with the purpose of ensuring adequate
nutrition while in care.
Existing state law:
1. Authorizes the California Department of Education (CDE)
to administer the federal Child Care and Adult Food
Program in California.
2. Bans the sale of soda in schools and imposes caloric
restrictions on entr?e items sold to pupils in
elementary, middle, junior, or high schools, except for
food served as part of a United States Department of
Agriculture meal program.
3. Under the California Child Day Care Facilities Act
(Act), authorizes the Department of Social Services to
license and regulate child day care facilities,
including child care centers and homes, as defined, and
requires that persons or organizations offering child
day care must comply with specified licensure
requirements.
This bill:
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1. Places, as of January 1, 2012, the following
requirements on beverages served by providers to
children in licensed child day care facilities:
A. Only low fat (one percent) or nonfat milk to
children two years of age or older.
B. No more than one serving per day of 100 percent
juice.
C. No beverages with added sweeteners, either natural
or artificial, excluding infant formula or children's
complete balanced nutrition products.
D. Clean and safe drinking water must be readily
available throughout the day.
2. Specifies that beverages provided by parents or legal
guardians, and medical foods when documented by a
physician, are exempt from complying with these
requirements.
3. Allows DSS to adapt the provisions so that the standards
continue to reflect the most recent relevant nutrition
science and continue to improve the health of children
in child care.
4. CDE states that the department must comply during a
regularly scheduled, authorized inspection, and shall
not be required to conduct separate and independent
visits.
5. Makes findings and declarations about unhealthy taste
preferences in early childhood and obesity.
Background
There are currently 15,140 licensed center-based sites and
42,907 family home sites in California. Collectively,
these sites have the capacity to care for 1.2 million
children from birth to 12 years of age. Day care homes
must be licensed or approved to provide day care services
to participate in CACFP. Reimbursement for meals served in
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day care homes is based upon eligibility for tier I rates
(which targets higher levels of reimbursement to low-income
areas, providers, or children) or lower tier II rates.
Tier I day care homes are those that are located in
low-income areas, or those in which the provider's
household income is at or below 185 percent of the federal
income poverty guidelines. Tier II homes are those family
day care homes which do not meet the location or provider
income criteria for a tier I home.
Eligible public or private nonprofit child care centers,
outside-school-hours care centers, Head Start programs, and
other institutions which are licensed or approved to
provide day care services may also participate in CACFP,
independently or as sponsored centers. For-profit centers
must receive specified federal funding for at least 25
percent of enrolled children or licensed capacity
(whichever is less) or at least 25 percent of the children
in care must be eligible for free and reduced-price meals.
Meals served to children are reimbursed at rates that are
based upon a child's eligibility for free, reduced price,
or paid meals.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13 Fund
Beverage requirements $150 $150
$150General
SUPPORT : (Verified 8/16/10) (Unable to reverify)
California Center for Public Health Advocacy (co-source)
California Food Policy Advocates (co-source)
American Academy of Pediatrics
American Cancer Society
American Federation of State, County and Municipal
Employees
American Heart Association
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California Alternative Payment Program Association
California Chiropractic Association
California Dental Association
California Medical Association
California Park & Recreation Society
California State PTA
California Teachers Association
California WIC Association
Central Coast Hunger Coalition
Dental Health Foundation
First 5 LA
Fresno Metro Ministry
Grupo de la Comida
Latino Coalition for a Healthy California
Plowshares
Second Harvest Food Bank, Santa Cruz
State Superintendent of Public Instruction
ARGUMENTS IN SUPPORT : California Food Policy Advocates
(CFPA), co-sponsor of this bill, and supports policies that
improve the health and well-being of Californians through
increasing consumption of nutritious foods and beverages.
Child care represents a great, and largely untapped,
opportunity for improving nutrition and shaping lifelong,
healthy habits. This bill takes California's successful
school nutrition changes and brings these to child care.
Given the increasingly important role child care plays for
millions of working families in California and the
significant amount of time children spend in child care,
CFPA believes California must ensure that these children
enjoy healthy nutrition environments while in care.
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Beall, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De
Leon, Eng, Feuer, Fong, Fuentes, Furutani, Galgiani,
Hayashi, Hill, Huber, Huffman, Jones, Lieu, Bonnie
Lowenthal, Ma, Mendoza, Monning, V. Manuel Perez,
Portantino, Ruskin, Salas, Skinner, Solorio, Swanson,
Torlakson, Torres, Torrico, Yamada, John A. Perez
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
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Blakeslee, Conway, Cook, DeVore, Fletcher, Fuller,
Gaines, Garrick, Gilmore, Hagman, Harkey, Jeffries,
Logue, Miller, Nestande, Niello, Nielsen, Norby, Silva,
Smyth, Audra Strickland, Tran
NO VOTE RECORDED: Bass, Emmerson, Evans, Hall, Hernandez,
Knight, Nava, Saldana, Villines, Vacancy
CTW:mw 8/27/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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