BILL NUMBER: AB 909	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 9, 2012
	AMENDED IN ASSEMBLY  JANUARY 4, 2012

INTRODUCED BY   Assembly Member Alejo

                        FEBRUARY 17, 2011

   An act to 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. Pupil nutrition: Farm to School
Program. 
   (1) Existing 
    Existing  law requires the State Department of Education
to ensure that the nutrition levels of meals served to schoolage
children pursuant to the  federal  National School Lunch Act
be of the highest quality and greatest nutritional value possible.
   This bill would  require that at least  
authorize a school district to submit an   application to
the State Department of Education for funding under the Farm to
School Program if 80% of the  school district's expenditure
for  fresh produce  a school district purchases
 for use in its food service program  be 
 is derived from  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  federal  National School
Lunch or School Breakfast Programs. The bill would require the
Department of  Food and  Agriculture to consult with the
State Department of Education for the purpose of assisting school
districts with meeting the California produce requirement, identify
the  seasons,  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 require the State Department of
Education to develop strategies for school districts   that
would result in more California produce use in school meal programs.
 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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


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.    (a) If 80 percent of a school district's
expenditure for fresh produce for use in its food service program is
derived from California produce, the school district may submit an
application to the department for funding under the Farm to School
Program. The school district shall certify in the application that it
has complied with the requirements of this section.  
   (b) The department shall reimburse an eligible school district
five cents ($0.05) for every meal the district serves as part of the
federal National School Lunch or School Breakfast Programs. 

   (c) A school district shall expend the funds received pursuant to
this section to purchase 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.   49566.1.   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.   49566.2   .   The
Department of  Food and  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  seasons,  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) 
    (b)  Help small farmers collaborate with one another to
supply the large quantities of California produce demanded by school
districts. 
   49566.3.  The department shall develop strategies for school
districts, including forward contracting and negotiating competitive
prices, that would result in more California produce use in school
meal programs. 
   49566.4.  The  state  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   fruits, vegetables,
and nuts grown in California, as defined in Section 43100 of the Food
and Agricultural Code  . 
  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.