BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
1413 (Leno)
Hearing Date: 05/27/2010 Amended: As Introduced
Consultant: Dan Troy Policy Vote: ED 6-2
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BILL SUMMARY: SB 1413 would require a school district to
provide access to free, fresh drinking water in the food service
areas of all of the schools under its jurisdiction, by January
1, 2012.
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13 Fund
Tap water in schools No costs
General*
*Counts toward meeting the Proposition 98 minimum funding
guarantee
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STAFF COMMENTS: SUSPENSE FILE. AS PROPOSED TO BE AMENDED.
Current law restricts the sale of certain beverages at school
sites. At elementary schools, only fruit-based and
vegetable-based drinks with no sweetener, drinking water with no
added sweetener, low- or non-fat milk or specified nondairy milk
(e.g. soy milk) may be sold. At middle and high schools,
similar restrictions apply from one-half hour before the start
of the school day until one-half hour after the end of the
school day, except that the sale of electrolyte replacement
beverages that contain no more than 42 grams of added sweetener
per 20-ounce serving. Current law requires that schools have at
least one drinking fountain for 150 pupils. Current law does
not prohibit the offering of the free, fresh drinking water.
A recent survey conducted by Project LEAN found that 40 percent
of school districts did not provide access to free drinking
water during meals. As access was not defined in the survey,
the California Food Policy Advocates (CPFA) speculates that this
figure may actually understate the availability of fresh
drinking water. The CPFA, among other groups, advocates access
to free drinking water as a means of combating issues of obesity
and hydration among youth. This bill, sponsored by the
Administration, would require schools to provide access to free,
fresh drinking water in food service areas as of January 1,
2012.
This bill would impose a reimbursable state mandate on schools.
There are a variety of ways in which California's 10,000 K-12
schools may choose to meet this requirement. The cost of
purchasing and installing a water fountain ranges from $1,000 to
$10,000 depending on the quality and composition of the
fountain. The cost of installing a hydration station is also
estimated to be approximately $1,000. Schools may also choose
to have staff fill up water dispensers during meal times. Some
of these costs would be ongoing and some would be one-time
depending on the choice of the school.
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SB 1413 (Leno)
Assuming 40 percent of schools decided to install a hydration
station or fountain, costs for implementing this bill would $4
million. Costs could be more or less depending on how schools
choose to comply with the bill's requirements. All costs would
be reimbursable by the state.
AB 2704 (Leno, 2008) made clear that it was permissible for
districts to provide free drinking water in food service areas
and would have prohibited schools from entering into or renewing
contracts that would restrict the availability of free tap
water. This bill was vetoed by the Governor.
As proposed to be amended:
The requirement that schools must provide drinking water
in food service areas would be removed.
The bill would clarify that schools are authorized to
provide free tap water in food service areas.
The bill would also prohibit school districts from
entering into, or renewing, a contract that restricts
access to free tap water on campus.