BILL ANALYSIS
SB 1413
Page 1
SENATE THIRD READING
SB 1413 (Leno)
As Amended August 2, 2010
Majority vote
SENATE VOTE :21-13
EDUCATION 6-2
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|Ayes:|Brownley, Ammiano, | | |
| |Arambula, Carter, Eng, | | |
| |Torlakson | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Nestande, Miller | | |
| | | | |
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SUMMARY: Requires school districts to provide students with
access to free drinking water beginning July 1, 2011.
Specifically, this bill :
1)Requires by July 1, 2011, a school district to provide access
to free, fresh drinking water during meal times in the food
service areas of the schools under its jurisdiction,
including, but not necessarily limited to, areas where
reimbursable meals under the National School Lunch Program
(NSLP) or the federal School Breakfast Program are served or
consumed.
2)Specifies that school districts may comply, among other means,
by providing cups and containers of water or soliciting or
receiving donated bottled water.
3)Authorizes a school district to opt-out of this requirement by
adoption of a school district governing board resolution
demonstrating the reasons why it is unable to comply with the
requirements due to fiscal constraints or health and safety
concerns; and, requires the resolution to be publicly noticed
on at least two consecutive board meeting agendas, first as an
information item and second as an action item, and approved by
a majority of the board.
SB 1413
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FISCAL EFFECT : This bill is keyed non-fiscal.
COMMENTS : This bill requires school district to provide access
to free drinking water in food service areas during meal time,
and authorizes districts to opt-out of this requirement by
passing a board resolution that demonstrates why the school
district cannot comply due to fiscal constraints or health and
safety concerns.
SB 965 (Escutia), Chapter 237, Statutes of 2005, created
specific standards regarding the types of beverages sold in
California schools. One of the allowable beverages under SB 965
is bottled water without added sweetener. According to the
California Department of Education (CDE), SB 965 sets clear
nutrition standards on what is sold by schools, and would not
affect a district's ability to offer free tap water in their
cafeterias.
While conducting a study, the RAND Corporation learned that some
school administrators and school employees have the perception
that a school cannot provide free bottled water because of
existing district contracts for the sale of bottled water. RAND
researchers also learned that some school employees also had the
perception that schools could not provide free tap water in the
area where the NSLP meal is being served because of the federal
government's definition of a reimbursable school meal, which
includes milk as the beverage. According to CDE, the
distinction is made between "offer vs. serve." Schools must
"offer" milk as part of the reimbursable school meal program,
but that does not in any way prohibit schools from also offering
water in the area where the NSLP meal is being served.
Some school employees also indicated to RAND researchers their
concerns about needing appropriate staff resources to facilitate
providing free tap water to students during meal times,
including the possibility of the following duties: filling water
pitchers, replacing five gallon water jugs, supplying
appropriate cups, etc.
According to RAND, Berkeley Unified School District provides
filtered tap water for students during lunch in schools
district-wide. Each school eating area has a five gallon water
container that is refilled each day with filtered tap water and
the school provides cups for students to use.
SB 1413
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According to the author, many California schools currently do
not provide drinking water in food service areas, where students
eat their meals. Studies show that water consumption and
adequate hydration in schools can help fight obesity and can
even improve cognitive function and student academic
performance.
According to the California Food Policy Advocates, kids need to
drink water for good health and learning. The Institute of
Medicine recommends the consumption of water with meals. The
Surgeon General promotes drinking water as an obesity prevention
strategy. Meeting students' needs for adequate supplies of
fresh, safe drinking water should not be dependent upon kids'
financial ability to purchase bottled water at school nor their
prospect of carting jugs of drinking water from home. A recent
survey found that at least 40% of schools in responding
districts reported no access to free drinking water for students
during meals. Many students report inoperable, poorly
maintained, and/or unhygienic water fountains on their school
sites. Even where water fountains function, the CDE has
acknowledged there are not enough fountains on schools sites.
Previous Legislation: AB 2704 (Leno) from 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, authorized schools to provide free tap
water in school food service areas. AB 2704 was vetoed by the
Governor with the following message:
"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
kids access to free tap water. I do no believe this
particular bill is necessary.
Instead of signing this bill, I would much rather work with
the Legislature in finding more positive and constructive
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ways to promote the accessibility and consumption of clean
water in our schools."
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087
FN: 0005231