BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: SB 1413
AUTHOR: Leno
INTRODUCED: February 19, 2010
FISCAL COMM: Yes HEARING DATE: April 14, 2010
URGENCY: No CONSULTANT:Lynn Lorber
SUBJECT : Access to Drinking Water
KEY POLICY ISSUES
Should schools be required to provide access to free, fresh
drinking water in food service areas?
Will schools seek reimbursement for providing access to
drinking water?
SUMMARY
This bill requires a school district to provide, by January
1, 2012, access to free, fresh drinking water in the food
service areas of the schools under its jurisdiction.
BACKGROUND
Current law restricts the sale of beverages at schools as
follows (Education Code 49431.5):
For elementary schools : Regardless of the time of day, only
the following beverages may be sold to a pupil:
Fruit-based drinks that have at least 50%
fruit juice and no added sweetener.
Vegetable-based drinks that have at least 50%
vegetable juice and no added sweetener.
Drinking water with no added sweetener.
Two percent fat milk, 1% fat milk, nonfat milk,
soymilk, rice milk, and other similar non-dairy milk.
For middle or junior high and high schools : From one-half
hour before the start of the schoolday until one-half hour
after the end of the schoolday only the following beverages
may be sold to a pupil:
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Fruit-based drinks that have at least 50% fruit juice
and no added sweetener.
Vegetable-based drinks that have at least 50% vegetable
juice and no added sweetener.
Drinking water with no added sweetener.
Two percent fat milk, 1% fat milk, nonfat milk, soymilk,
rice milk, and other similar non-dairy milk.
An electrolyte replacement beverage that contains no
more than 42 grams of added sweetener per 20-ounce
serving.
Current law requires at least 50% of the items, other than
federal food commodities, offered for sale each schoolday at
any schoolsite by any entity or organization during regular
school hours to be selected from the following: (EC 38085)
Milk and dairy products.
Full-strength fruit and vegetable juices and fruit
drinks with at least 50% juice, and fruit nectars with
at least 35% full-strength fruit juice.
Fresh, frozen, canned and dried fruits and vegetables.
Nuts, seeds and nut butters.
Nonconfection grain products.
Meat, poultry and fish, and their products.
Legumes and legume products.
Any food which would qualify as one of the required food
components of the Type A lunch defined in the National
School Lunch Act.
The California Plumbing Code requires schools to have one
drinking fountain per 150 people, and authorizes water
stations to be substituted for drinking fountains where food
is consumed indoors. There are no requirements for the
refrigeration of drinking water.
ANALYSIS
This bill requires a school district to provide, by January
1, 2012, access to free, fresh drinking water in the food
service areas of the schools under its jurisdiction.
STAFF COMMENTS
1) Need for the bill . The author's office did not provide
any background or supporting materials relative to this
bill. However, according to information provided by the
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author for prior legislation, "the RAND Corporation
found that public school students have limited access to
drinking water, especially at meals. Apparently, some
schools are under the impression that they cannot
provide free water in school cafeterias because the
Education Code requires milk to be included with school
meals, or because the school has a contract with a
company to sell bottled water on campus."
2) Mandate . This bill imposes a mandate by requiring
schools to provide access to drinking water in food
service areas. Will schools seek reimbursement from the
state for providing access to drinking water?
3) Prior and related legislation .
AB 2084 (Brownley, 2010) among other things,
requires licensed child day care facilities to make
clean and safe drinking water readily available and
accessible for consumption throughout the day. AB
2084 is pending in the Assembly Human Services
Committee.
AB 2704 (Leno, 2008) would have prohibited a
school district from entering or renewing a
contract that restricts the availability of free
tap water on the school campus; and, authorizes
schools to provide free tap water in school food
service areas. AB 2704 was vetoed by the Governor,
whose veto message read:
This bill authorizes schools to provide free tap
water for students in the food service area during
the school day. Nothing under current law
prohibits a school from providing free tap water to
its students. This bill also prohibits a district
from entering into contracts that prohibit the
availability of free tap water. This bill
essentially seeks to regulate a perceived lack of
common sense amongst California's school
administrators, implying that they are not acting
in the best interest of our students, by denying
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kids access to free tap water. I do not believe
this particular bill is necessary.
Instead of signing this bill, I would much rather
work with the Legislature on finding more positive
and constructive ways to promote the accessibility
and consumption of clean water in our schools.
SB 1255 (Padilla, 2010) beginning July 1,
2011, prohibits schools from selling electrolyte
replacement beverages to pupils from one-half hour
before school until one-half hour after the end of
the schoolday. SB 1255 is scheduled to be heard by
the Senate Health Committee on April 14, 2010.
SUPPORT
California Center for Public Health Advocacy
California Medical Association
California Teachers Association
County Health Executives Association of California
Environmental Working Group
San Mateo County Board of Supervisors
OPPOSITION
None received.