BILL NUMBER: AB 909 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2012
INTRODUCED BY Assembly Member Alejo
FEBRUARY 17, 2011
An act to amend Section 1257 of the Health and Safety
Code, relating to health facilities add Article 11.6
(commencing with Section 49566) to Chapter 9 of Part 27 of Division 4
of Title 2 of the Education Code, relating to pupil nutrition
.
LEGISLATIVE COUNSEL'S DIGEST
AB 909, as amended, Alejo. Health facility licensing
compliance: delegation to local health departments.
Pupil nutrition: Farm to School Program.
(1) Existing law requires the State Department of Education to
ensure that the nutrition levels of meals served to schoolage
children pursuant to the National School Lunch Act be of the highest
quality and greatest nutritional value possible.
This bill would require that at least 80% of the fresh produce a
school district purchases for use in its food service program be
California produce, as defined. This requirement would impose a
state-mandated local program on school districts. The bill would
require the State Department of Education to reimburse a school
district that purchases California produce in the prescribed quantity
$0.05 for every meal the district serves as part of the National
School Lunch or School Breakfast Programs. The bill would require the
Department of Agriculture to consult with the State Department of
Education for the purpose of assisting school districts with meeting
the California produce requirement, identify the sources and
suppliers of California produce, develop strategies for school
districts to use that would result in more California produce use in
school meal programs, and help small farmers collaborate with one
another to supply the large quantities of produce demanded by school
districts. The bill would authorize the State Board of Education to
adopt any rules and regulations necessary for the implementation of
this program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Existing law establishes the State Department of Public Health and
sets forth its powers and duties, including, but not limited to,
administration of laws relating to the licensing and regulation of
health facilities, as defined. Existing law authorizes the department
to delegate enforcement authority to local health departments and to
provide local health departments with payment for these services.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 11.6 (commencing with Section
49566) is added to Chapter 9 of Part 27 of Division 4 of
Title 2 of the Education Code , to read:
Article 11.6. Farm to School Program
49566. At least 80 percent of the fresh produce a school
district purchases for use in its food service program shall be
California produce.
49566.1. (a) If a school district purchases California produce in
the quantity prescribed in Section 49566, the department shall
reimburse the school district five cents ($0.05) for every meal the
district serves as part of the National School Lunch or School
Breakfast Programs.
(b) A school district shall expend the funds received pursuant to
this section to purchase California produce.
49566.2. For the purpose of implementing this article, the
department may accept contributions of money and assistance from any
public or private source and agree to conditions placed on the
contributions if those conditions are not inconsistent with the
duties of the department.
49566.3. The Department of Agriculture shall consult with the
department for the purpose of assisting school districts with meeting
the requirement set forth in Section 49566 and shall do all of the
following to provide that assistance:
(a) Identify the sources and suppliers of California produce.
(b) Develop strategies for school districts to use, including
forward contracting and negotiating competitive prices, that would
result in more California produce use in school meal programs.
(c) Help small farmers collaborate with one another to supply the
large quantities of California produce demanded by school districts.
49566.4. The board may adopt any rules and regulations necessary
for the implementation of this article.
49566.5. For purposes of this article, "California produce" means
produce that has been produced in California or harvested in its
surface or coastal waters.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 1257 of the Health and
Safety Code is amended to read:
1257. The department may delegate to local health departments the
authority to verify compliance with the licensing and approval
provisions of this chapter, to provide consultation, and to recommend
disciplinary action by the department against those licensed or
approved under this chapter. In exercising the authority so
delegated, the local health department shall conform to the
requirements of this chapter and to the rules and regulations of the
department. Payment to the local health departments for services
performed pursuant to this section shall be in accordance with a
budget submitted by the local health department and approved by the
department. These expenditures shall not exceed amounts appropriated
by the Legislature for the purpose of such inspection and
enforcement.