BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1829
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          Date of Hearing:   May 9, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  AB 1829 (Bradford) - As Amended:  April 24, 2012 

          Policy Committee:                              Education 
          Vote:6-3

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill, commencing with the 2013-14 school year, requires a 
          school district participating in the School Breakfast Program 
          (SBP) or the National School Lunch Program (NSLP) to disseminate 
          information regarding the nutritional content of the 
          reimbursable breakfasts or lunches as part of these programs.  
          Specifically, this bill: 

          1)Requires the information disseminated to include, but not be 
            limited to, all of the following: 

             a)   The total number of grams of saturated fat in each meal. 

             b)   The total number of grams of protein in each meal. 
             c)   The total number of carbohydrates in each meal. 
             d)   The total number of milligrams of sodium in each meal.  

          2)Requires a school district participating in the SBP or NSLP to 
            present the information in a manner that permits parents and 
            pupils to access the nutritional information while they access 
            the daily school breakfast or lunch menu.  

          3)Requires these provisions to apply only to school districts, 
            that as of January 1, 2013, regularly disseminate school menu 
            information online or in printed form.  

           FISCAL EFFECT  

          1)Potential GF/98 state reimbursable mandate, likely between 
            $170,000 and $345,000, to school districts to meet the 








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            requirements of this bill.  These costs assume approximately 
            20% of school districts purchase nutrition analysis software 
            to calculate saturated fat, protein, carbohydrate, and sodium 
            counts.  Some of the larger districts provide a portion of 
            this information on their websites.  Most of these districts, 
            however, do not provide the information for each meal served.  
            Instead, they provide the information per item (e.g., pizza 
            has this much sodium, protein, etc.).    

          2)Annual GF administrative costs to the State Department of 
            Education (SDE) of approximately $400,000 to provide technical 
            assistance to school districts to implement this measure.    


           3)Does this create a state reimbursable mandate  ?  The SBP and 
            the NSLP requires school districts to meet certain nutritional 
            requirements in order to receive reimbursement for the meals 
            they serve.  These programs, however, do not require districts 
            to disseminate this information to pupils or parents, as 
            required in this measure.  As such, a district may file a 
            mandate claim to the Commission on State Mandates because this 
            bill requires them to complete a higher level of service than 
            currently required in federal or state law.               

           COMMENTS  

           1)Background  .  Existing law requires each school district or 
            county office of education maintaining any of grades K-12 to 
            provide one nutritionally adequate free or reduced-price meal 
            to a needy pupil during each schoolday. Statute further 
            defines "nutritionally adequate meal" as a breakfast or lunch 
            that qualifies for reimbursement under the federal child 
            nutrition program. 

            In December 2010, the federal government enacted the Healthy, 
            Hunger-Free Kids Act of 2010 (HHFK Act), which establishes new 
            nutritional requirements for SBP (beginning July 1, 2013) and 
            NSLP (beginning July 1, 2012).  The new requirements include 
            more of an emphasis on whole grain, fruits and vegetable 
            offerings and narrow caloric count requirements determined for 
            age groups.  For example, local education agencies (LEAs) must 
            meet a weekly requirement of vegetable subgroup offerings 
            (i.e., dark green, orange, legumes) for these meal programs.  
            Also, students are required to select a fruit or vegetable to 
            receive reimbursement for a breakfast or lunch meal.  








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            The HHFK Act also requires LEAs to decrease the amount of 
            sodium provided in each reimbursable NSLP meal.  The statute 
            establishes specific sodium targets LEAs are required to meet 
            by July 1, 2014.  

            Beginning October 2012, LEAs will receive an additional $0.06 
            per reimbursable lunch meal to implement the new federal 
            requirements.  There will be some type of certification 
            process for LEAs to receive this additional funding.  Federal 
            guidance on the reimbursement is pending.                 

          2)Purpose  .  According to the author, "One in every three 
            children (31.7%) ages 2-19 is overweight or obese.  Obesity 
            can increase the risk factor of diseases such as Type II 
            Diabetes, heart disease and several cancers. Obese children 
            are also more likely to develop asthma and osteoarthritis."

            The author further states: "Healthy eating and physical 
            exercise can help to reduce childhood obesity. Therefore, 
            efforts to promote healthy eating and physical activity are 
            absolutely critical.   Although current law mandates 
            restaurant chains to provide nutritional information on their 
            menus, there is no mandate on the same disclosure for school 
            lunches. School lunches provided under the NSLP must meet 
            federal nutrition requirements, but decisions on what food to 
            serve are made by local school food authorities.  This bill 
            will provide students and families with clear nutritional 
            information to help them make healthy eating choices."  

           3)Implementation of this bill vs. the new federal requirements 
            for school meal programs  .  The federal HHFK Act establishes a 
            "meal-based approach" where children have a wide variety of 
            offerings based on specific requirements (i.e., more whole 
            grains and fruit and vegetables).  This approach is based on 
            serving sizes and cups of food rather than calorie count.  

            This bill requires school districts to report specific 
            nutritional information about school meals, including the 
            number of calories, saturated fat, carbohydrates, etc.  It is 
            unclear how districts will comply with the bill's requirements 
            given the different approach to school meals established under 
            the federal HHFK Act.  

           4)Non-fiscal bill  .  This bill is keyed non-fiscal; however, this 








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            committee requested to hear it to examine potential costs to 
            school districts to meet the information requirements in this 
            bill.    


           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916) 
          319-2081