BILL ANALYSIS �
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 949|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: SB 949
Author: Jackson (D)
Amended: 5/7/14
Vote: 21
SENATE HEALTH COMMITTEE : 9-0, 4/2/14
AYES: Hernandez, Anderson, Beall, De Le�n, DeSaulnier, Evans,
Monning, Nielsen, Wolk
SENATE EDUCATION COMMITTEE : 9-0, 4/30/14
AYES: Liu, Wyland, Block, Correa, Galgiani, Hancock, Hueso,
Huff, Monning
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/14
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Nutrition: Distinguished After School Health
Recognition Program
SOURCE : California State Alliance of YMCAs
DIGEST : This bill establishes the Distinguished After School
Health (DASH) Recognition Program, within the Department of
Public Health (DPH), in consultation with the Department of
Education (DOE) that requires DPH to develop a process whereby
an after school program, as defined, may self-certify on DPH's
Internet Web site that they meet prescribed requirements.
ANALYSIS :
CONTINUED
SB 949
Page
2
Existing law:
1. Establishes the California Nutrition Monitoring Development
Act to determine the availability and types of nutrition
monitoring information currently available in specified
federal, state, and local government programs. Requires DPH
to assess the availability and adequacy of existing state and
local food and nutrition data systems and to require other
state entities to provide existing nutrition-related data.
Encourages programs in local government and the private
sector to provide available nutrition monitoring information
to DPH. Requires DPH to outline a process for developing a
prototype state-local nutrition monitoring system.
2. Establishes the "5 A Day-For Better Health" program in DPH,
to the extent funds are available, for the purpose of
promoting public awareness of the need to increase the
consumption of fruits and vegetables as part of a low-fat,
high fiber diet in order to improve health and prevent major
chronic diseases, including diet-related cancers. Allows the
promotion of the program to the public through channels
including, but not limited to, print and electronic media,
retail, grocers, schools, and other government programs,
specifically to the general adult population, adults with
lower educational attainment, school-age children and youth,
and high-risk groups determined by DPH.
3. Establishes the California Healthy Food Financing Initiative
(CHFFI) Council within the office of the State Treasurer to
expand access to nutritious foods in underserved, urban, and
rural communities and to eliminate food deserts in the state.
Requires the Council to establish and maintain an Internet
Web site. Requires the Secretary of the Department of Food
and Agriculture (DFA) to prepare recommendations regarding
actions that need to be taken to promote food access in the
state. Establishes the CHFFI Fund in the State Treasury to
be used, to the extent practicable, to leverage other
funding, including, but not limited to, federal, state, and
private funds.
This bill:
1. Establishes the DASH Recognition Program, to be administered
by DPH in consultation with the DOE, and requires DPH to
CONTINUED
SB 949
Page
3
develop a process for an after school program to self-certify
on DPH's Internet Web site that it meets all the criteria
established by this bill.
2. Defines "after school program" as the After School Education
and Safety Program, 21st Century High School After School
Safety and Enrichment for Teens program, and other qualified
out-of-school time programs that serve school age children
outside of regular school hours, including before school and
on weekends.
3. Requires the self-certification process to provide after
school programs with the option to create a certificate,
using a template designed by DPH, that includes a description
demonstrating how the after school program meets each of the
following:
A. Requiring each staff member to receive specified
training on the standards established for this
recognition program and the importance of modeling
healthy eating and physical activity.
B. Providing regular and ongoing nutrition education to
each student in the after school program.
C. Ensuring that each student participates in 30-60
minutes of moderate to vigorous physical activity
daily.
D. Limiting screen time to only be allowed in
connection with homework or an activity that engages
physical activity or educational experience.
E. Serving healthy food, including fruits and
vegetables without added sugar, as snacks daily, and
fried food, candy or food that are primarily
sugar-based are not served to students or consumed by
staff.
F. Serving students water, low-fat or nonfat milk, or
100% fruit juice, with preference for water.
G. Requiring items sold at a fundraiser during program
hours are in compliance with specified healthy food and
CONTINUED
SB 949
Page
4
beverages criteria.
H. Requiring after school programs located on
schoolsites to communicate with the school regarding
nutrition education and physical activity, with
activities adhering to the school district's wellness
policy.
I. Implementing an educational program for parents that
provide nutrition and physical activity information.
J. Making available for review by parents information
about the criteria for the recognition program.
4. Provides that a certificate is valid for one calendar year,
and requires an after school program that wishes to create a
new certificate for the subsequent year to self-certify on
DPH's Internet Web site, by January 1, that the program
continues to meet the criteria for recognition. Requires a
certificate to state that all information included in the
certificate is provided by the after school program and is
not verified by DPH.
5. Requires DPH to maintain and update a list of after school
programs that self-certify and post that list on its Internet
Web site, including the date of self-certification for each
after school program.
Background
Obesity and other chronic diseases . DPH issued a study, The
Burden of Chronic Disease and Injury, in 2013 that highlights
some of the leading causes of death, such as heart disease,
cancer, stroke, and respiratory disease, all of which have a
strong connection to obesity. Diabetes is another serious
chronic disease stemming from obesity that adversely affects
quality of life and results in serious medical costs. The last
decade has witnessed a 32% rise in diabetes prevalence,
affecting some 3.9 million people and costing upwards of $24
billion per year. According to the Centers for Disease Control
and Prevention (CDC), more than one-third of U.S. adults are
obese, and approximately 12.5 million children and adolescents
ages 2 to 19 years are obese. Research indicates a tripling in
the youth obesity rate over the past three decades. While this
CONTINUED
SB 949
Page
5
increase has stabilized between the years 2005 and 2010, in
2010, 38% of public school children were overweight and obese.
Overweight youth face increased risks for many serious
detrimental health conditions that do not commonly occur during
childhood, including high cholesterol and type-2 diabetes.
Additionally, more than 80% of obese adolescents remain obese as
adults.
School Health Index (SHI) . The SHI was developed by the CDC in
partnership with school administrators and staff, school health
experts, parents, and national nongovernmental health and
education agencies to enable schools to identify strengths and
weaknesses of health and safety policies; enable schools to
develop an action plan for improving student health; and engage
teachers, parents, students, and the community in promoting
health-enhancing behaviors and better health. The SHI addresses
six health topic areas: physical activity; healthy eating;
tobacco-use prevention; unintentional injury and violence
prevention (safety); asthma; and sexual health, including HIV,
other sexually transmitted diseases, and pregnancy prevention.
The CDC states that completing the SHI is an important first
step toward improving a school's health promotion policies and
practices and can help a school include health promotion
activities in its overall School Improvement Plan.
CHFFI . The CHFFI was established in October 2011 as a
public-private partnership to increase access to healthy foods
in underserved, urban, and rural communities and to inspire
innovation in healthy food retailing. The CHFFI Fund within the
State Treasurer's Office is comprised of federal, state,
philanthropic, and private funds. When the Treasurer's Office
secures funding, these Funds will provide financing for grocery
stores and other forms of healthy food retail and distribution
by providing capital to eligible applicants.
The CHFFI Council includes the State Treasurer, the Secretary of
DFA, the Secretary of the California Health and Human Services
Agency, and the Secretary of the California Labor and Workforce
Development Agency. The Council's duties are to develop
financing options using public or private moneys and resources;
develop program parameters, such as establish minimum and
maximum levels of financial assistance; and partner with
federal, state, or local government agencies, nonprofit
organizations, and philanthropic programs.
CONTINUED
SB 949
Page
6
Prior Legislation
AB 626 (Skinner and Lowenthal, Chapter 706, Statutes of 2013)
made numerous changes to law related to school nutrition, mostly
to conform to the federal Healthy, Hunger-Free Kids Act of 2010.
SB 464 (Jackson of 2013) would have established the Healthy
Eating and Physical Activity Act within the Child Care and
Development Services Act (CCDSA) to establish standards for
nutrition and physical activity for early childhood education
programs, infant care programs, and after-school programs
conducted under the CCDSA. This bill failed in the Senate
Education Committee without being heard.
AB 1178 (Bocanegra of 2013) would have established the
California Promise Neighborhood Initiative to provide funding to
schools that have formalized partnerships with local agencies
and community organizations to provide a network of services to
improve the health, safety, education, and economic development
of a defined area. The bill was held in suspense in the
Assembly Appropriations Committee.
AB 581 (John A. P�rez, Chapter 505, Statutes of 2011) created
the CHFFI, the CHFFI Fund, and the CHFFI Council for the purpose
of expanding access to healthy foods in underserved communities.
The bill also required the Secretary of DFA, by July 1, 2012,
to prepare recommended actions to be taken to promote food
access within California. This authority remains in effect
until January 1, 2017.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Likely one-time costs up to $150,000 to develop program
procedures and regulations by DPH (General Fund).
Likely one-time costs up to $160,000 to develop an Internet
Web site and the underlying information technology
CONTINUED
SB 949
Page
7
infrastructure to allow programs to self-certify and track
certifications (General Fund).
Minor ongoing costs for program oversight and maintenance
(General Fund).
SUPPORT : (Verified 5/23/14)
California State Alliance of YMCAs (source)
Association of California Healthcare Districts
California Academy of Physician Assistants
California Center for Public Health Advocacy
California Collaboration for Youth
California Food Policy Advocates
California Primary Care Association
California School Nutrition Association
California State Parent-Teacher Association
Center for Collaborative Solutions
EcoFarm
Santa Barbara Food Alliance
The Orfalea Foundation
ARGUMENTS IN SUPPORT : Santa Barbra Food Alliance writes in
support, "We believe that this bill, which encourages healthy
foods, physical activity and promotes healthy living education
in after-school programs and licensed childcare centers, would
extend the efforts of the existing Child Care and Development
Services Act in creating a more integrated approach to solving a
problem of epidemic proportions. According to the American
Heart Association, 23.9 million children in the United States of
America are overweight."
JL:d 5/25/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED