BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1413|
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UNFINISHED BUSINESS
Bill No: SB 1413
Author: Leno (D)
Amended: 8/2/10
Vote: 21
SENATE EDUCATION COMMITTEE : 6-2, 4/14/10
AYES: Romero, Alquist, Hancock, Liu, Price, Simitian
NOES: Huff, Wyland
NO VOTE RECORDED: Maldonado
SENATE APPROPRIATIONS COMMITTEE : 7-3, 5/27/10
AYES: Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
NOES: Denham, Walters, Wyland
NO VOTE RECORDED: Cox
SENATE FLOOR : 21-13, 6/2/10
AYES: Alquist, Calderon, Cedillo, Corbett, Correa,
DeSaulnier, Ducheny, Florez, Hancock, Kehoe, Leno, Liu,
Lowenthal, Negrete McLeod, Pavley, Price, Romero,
Steinberg, Wolk, Wright, Yee
NOES: Aanestad, Ashburn, Cogdill, Cox, Denham, Dutton,
Harman, Hollingsworth, Huff, Runner, Strickland, Walters,
Wyland
NO VOTE RECORDED: Oropeza, Padilla, Simitian, Wiggins,
Vacancy, Vacancy
ASSEMBLY FLOOR : Not available
SUBJECT : Schools: food service areas: water
SOURCE : The Administration
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DIGEST : This bill requires a school district to provide
access to free, fresh drinking water during meal times in
school food service areas by July 1, 2011.
Assembly Amendments (1) delete and recast the provisions of
the bill, (2) change the implementation date from January
1, 2012 to January 1, 2011, and (3) made minor, technical
changes.
ANALYSIS : Existing law restricts the sale of beverages
at schools as follows:
For Elementary Schools . Regardless of the time of day,
only the following beverages may be sold to a pupil:
1.Fruit-based drinks that have at least 50 percent fruit
juice and no added sweetener.
2.Vegetable-based drinks that have at least 50 percent
vegetable juice and no added sweetener.
3.Drinking water with no added sweetener.
4.Two percent fat milk, one percent fat milk, nonfat milk,
soymilk, rice milk, and other non-dairy milk.
For Middle or Junior High and High Schools . From one-half
hour before the start of the school day until one-half hour
after the end of the school day, only the following
beverages may be sold to a pupil:
1.Fruit-based drinks that have at least 50 percent fruit
juice and no added sweetener.
2.Vegetable-based drinks that have at least 50 percent
vegetable juice and no added sweetener.
3.Drinking water with no added sweetener.
4.Two percent fat milk, one percent fat milk, nonfat milk,
soymilk, rice milk, and other similar non-dairy milk.
5.An electrolyte replacement beverage that contains no more
than 42 grams of added sweetener per 20-ounce serving.
Current law requires at least 50 percent of the items,
other than federal food commodities, offered for sale each
school day at any school site by any entity or organization
during regular school hours to be selected from the
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following:
1.Milk and dairy products.
2.Full-strength fruit and vegetable juices and fruit drinks
with at least 50 percent juice, and fruit nectars with at
least 35 percent full-strength fruit juice.
3.Fresh, frozen, canned and dried fruits and vegetables.
4.Nuts, seeds and nut butters.
5.Nonconfection grain products.
6.Legumes and legume products.
7.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.
This bill requires school district 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 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 bottle 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.
4.Requires the resolution to be publicly noticed on at
least two consecutive board meeting agendas, first as an
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information item and second as an action item, and
approved by a majority of the board.
Comments
According to the author's office, 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 percent of schools in responding districts
reported no access to free drinking water for students
during meals. Many student report inoperable, poorly
maintained, and/or unhygienic water fountains at their
school sites. Even where water fountains function, the CDE
has acknowledged there are not enough fountains on school
sites.
Prior and Related Legislation
SB 1255 (Padilla), 2009-10 Session . Prohibits, beginning
July 1, 2011, schools from selling electrolyte replacement
beverages to pupils form one-half hour before school until
one-half hour after the end of the school day. (In
Assembly awaiting assignment)
AB 2084 (Brownley), 2009-10 Session. Among other things,
requires licensed child care facilities to make clean and
safe drinking water readily available and accessible for
consumption throughout the day. (In Senate awaiting
assignment)
AB 2704 (Leno), 2007-08 Session . Would have (1) prohibited
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a school district from entering or renewing a contract that
restricts the availability of free tap water on the school
camps, and (2) authorized schools to provide free tap water
in school food service areas. AB 2704 was vetoed by the
Governor. In his veto message, the Governor stated:
"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 ways to promote the accessibility and
consumption of clean water in our schools."
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
Tap water in schools No costs
General*
*Counts toward meeting the Proposition 98 minimum funding
guarantee.
SUPPORT : (Verified 6/1/10) (Unable to reverify at time
of writing)
The Administration (source)
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American Academic of Pediatrics - California District
California Center for Public Health Advocacy
California Chiropractic Association
California Food Policy Advocates
California Medical Association
California Public Interest Research Group
California School Employees Association
California Teachers Association
County Health Executives Association of California
Department of Public Health
Environmental Working Group
JERICHO
Prevention Institute
San Mateo County Board of Supervisors
Strategic Alliance for Healthy Food and Activity
Environments
ARGUMENTS IN SUPPORT : According to the Department of
Public Health, "Providing free, fresh drinking water will
promote adequate hydration during the school day.
Dehydration can lead to headaches and digestive problems
that can affect children's health and well being.
Dehydration can also adversely affect memory, reason,
hand-eye coordination, alertness, and cognitive function.
Replacing sugar-sweetened beverages with water will help
prevent obesity and obesity-related diseases, such as
diabetes, hypertension, and heart disease?..This will lead
to improve health and academic outcomes for children."
CPM:cm 8/26/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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