Bill Text: CA SB1481 | 2021-2022 | Regular Session | Amended
Bill Title: Preschools, child daycare facilities, and Trustline providers: meals.
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Engrossed - Dead) 2022-08-11 - August 11 hearing: Held in committee and under submission. [SB1481 Detail]
Download: California-2021-SB1481-Amended.html
|
Amended
IN
Assembly
June 30, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 1481
| Introduced by Senator Becker (Coauthors: Senators Gonzalez, Hueso, Leyva, Limón, and Newman) (Coauthors: Assembly Members Berman, Carrillo, Eduardo Garcia, Lackey, Mullin, Luz Rivas, and Santiago) |
February 18, 2022 |
An act to amend Sections 49430.7, 49501, 49501.5, 49550, and 49552 of, and to add Section 8204.5 to, the Education Code, and to add Sections 1596.658 and 1596.7926 to the Health and Safety Code, relating to child nutrition.
LEGISLATIVE COUNSEL'S DIGEST
SB 1481, as amended, Becker.
Preschools, child daycare facilities, and Trustline providers: meals.
Existing federal law establishes the Child and Adult Care Food Program (CACFP) to provide aid to childcare institutions and family or group daycare homes for the provision of nutritious foods that contribute to the wellness, healthy growth, and development of young children.
Existing law, the California Child Day Care Facilities Act, administered by the State Department of Social Services, provides for the licensure and regulation of child daycare facilities, as defined. Existing law requires childhood nutrition training for certain licensees, and requires that training to include information about reimbursement rates for the CACFP. Existing law generally prohibits a person, firm, partnership, association, or corporation from operating, establishing, managing, conducting, or maintaining a child daycare facility in this state without a current
valid license. Existing law requires the department to establish and continuously update a trustline registry of persons who provide childcare and who are not required to be licensed. Under existing law, a provider who is registered pursuant to these provisions is known as a Trustline provider.
Existing law, the Early Education Act, requires the Superintendent of Public Instruction, to, among other things, provide an inclusive and cost-effective preschool program, and declares the policy of the state that no child shall be hungry while in attendance in a preschool facility and that preschool programs have an obligation to provide for the nutritional needs of children in attendance. Existing law requires a school district or county superintendent of schools maintaining a kindergarten or any of grades 1 to 12, inclusive, to provide a needy pupil with one nutritionally adequate free or reduced-price meal during each schoolday, and two school meals free of charge during
each schoolday to any pupil who requests a meal without consideration of the pupil’s eligibility for a federally funded free or reduced-price meal, and sets the reimbursement rate for meals served by family daycare homes at 75 percent of the meals served.
This bill would, subject to an appropriation for these purposes, require the department to provide funding for (1) a supplemental state meal reimbursement for preschool facilities, child daycare facilities, and Trustline providers for up to 2 daily meals per child served through the CACFP at a rate equivalent to the state meal reimbursement for local educational agencies; (2) reimbursement of up to 2 daily meals per child served through the CACFP at a specified rate in order to establish a free meal program for all children receiving care from those facilities and providers; and (3) grants to those facilities and providers, and sponsors of the CACFP, to encourage their participation in and expansion of the CACFP.
This bill would also increase the reimbursement rate for meals served in family daycare homes to 100 percent of the meals served.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 8204.5 is added to the Education Code, to read:8204.5.
Subject to an appropriation by the Legislature in the annual Budget Act or another statute for these purposes, the department shall provide funding for child nutrition as follows:(a) A supplemental state meal reimbursement for preschool facilities for up to two daily meals per child served through the Child and Adult Care Food Program. The reimbusement reimbursement rate shall be set at a rate equivalent to the state meal reimbursement for local educational agencies.
agencies, and it is strongly encouraged that the meals and food items provided comply with the guidelines specified in Section 49430.7.
(b) To establish a free meal program for all children in preschool facilities, reimbursement of up to two daily meals per child served through the Child and Adult Care Food Program at a rate equal to the difference between the highest federal rate of reimbursement, as published annually in accordance with Section 226.4 of Title 7 of the Code of Federal Regulations, and the federal rate of reimbursement for which the meal served is federally eligible.
(c) (1) Grants to preschool facilities to encourage their participation in and expansion of the Child and Adult Care Food Program.
(2) Facilities that receive a grant pursuant to this section shall use the funds for costs of initiating or expanding free preschool meals, as determined by the department. In awarding grants, the department shall give preference to facilities located in or serving historically under-resourced communities, including areas of concentrated poverty.
SEC. 2.
Section 49430.7 of the Education Code is amended to read:49430.7.
(a) For purposes of this section, the following terms have the following meanings:(1) “Child development program” means a program operated pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1.
(2) “School” means a school operated and maintained by a school district or county office of education, or a charter school.
(3) “School district” means a school district, charter school, or county office of education.
(b) As a condition of receipt of state meal reimbursement funds pursuant to Article 10 (commencing with Section 49530), for
meals and food items sold as part of the free and reduced-price meal programs, a school or school district shall comply with all of the following requirements and prohibitions:
(1) Follow the United States Department of Agriculture meal pattern.
(2) Not sell or serve a food item that has in any way been deep fried, par fried, or flash fried by a school or school district.
(3) Not sell or serve a food item containing artificial trans fat. A food item contains artificial trans fat if it contains vegetable shortening, margarine, or any kind of hydrogenated or partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams per serving.
(4) Not sell or serve a food item that, as part of the manufacturing process, has been deep fried, par fried, or flash fried in an oil or fat that is prohibited by this paragraph. Oils and fats prohibited by this paragraph include, but are not limited to, palm, coconut, palm kernel, and lard, typically solid at room temperature and are known to negatively impact cardiovascular health. Oils permitted by this paragraph include, but are not limited to, canola, safflower, sunflower, corn, olive, soybean, peanut, or a blend of these oils, typically liquid at room temperature and are known for their positive cardiovascular benefit.
(c) For meals and food items sold as part of the free and reduced-price meal programs, a child development program is strongly encouraged to comply with all
of the following guidelines:
(1) Meet developmentally and programmatically appropriate meal pattern and the United States Department of Agriculture meal pattern.
(2) Not sell or serve a food item that has in any way been deep fried, par fried, or flash fried by a school, school district, or child development program.
(3) Not sell or serve a food item containing artificial trans fat. A food item contains artificial trans fat if it contains vegetable shortening, margarine, or any kind of hydrogenated or partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams per serving.
(4) Not sell or serve a food item
that, as part of the manufacturing process, has been deep fried, par fried, or flash fried in an oil or fat prohibited by this paragraph. Oils and fats prohibited by this paragraph include, but are not limited to, palm, coconut, palm kernel, and lard, typically solid at room temperature and are known to negatively impact cardiovascular health. Oils permitted by this provision include, but are not limited to, canola, safflower, sunflower, corn, olive, soybean, peanut, or a blend of these oils, typically liquid at room temperature and are known for their positive cardiovascular benefit.
(d) As a condition of receipt of funds pursuant to Article 10 (commencing with Section 49530), schools and school districts shall provide the department with an annual certification of compliance with this section.
(e) This section shall become operative only upon an appropriation for its purposes in
the annual Budget Act or another statute.
SEC. 2.SEC. 3.
Section 49501 of the Education Code is amended to read:49501.
The governing board of a school district may, for purposes of Section 49500, establish rules by which to determine which pupils are needy, except for family daycare homes that shall be reimbursed for 100 percent of the meals served. For purposes of this article, a pupil within the category of children eligible for aid or services under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code shall be deemed needy.SEC. 3.SEC. 4.
Section 49501.5 of the Education Code is amended to read:49501.5.
(a) Notwithstanding any other provision of this chapter, commencing with the 2022–23 school year all of the following shall apply:(1) A school district or county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, shall provide two school meals free of charge during each schoolday to any pupil who requests a meal without consideration of the pupil’s eligibility for a federally funded free or reduced-price meal, with a maximum of one free meal for each meal service period, and family daycare homes shall be reimbursed for 100
percent of the meals served. The meals provided under this paragraph shall be nutritiously adequate meals that qualify for federal reimbursement.
(2) A charter school shall provide two school meals free of charge during each schoolday to any pupil who requests a meal without consideration of the pupil’s eligibility for a federally funded free or reduced-price meal, with a maximum of one free meal for each meal service period. The meals provided under this paragraph shall be nutritiously adequate meals that qualify for federal reimbursement.
(3) (A) A local educational agency that has a reimbursable school breakfast program shall not charge any pupil enrolled in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive,
any amount for any breakfast served to that pupil through the program, and shall provide a breakfast free of charge to any pupil who requests one without consideration of the pupil’s eligibility for a federally funded free or reduced-price meal. The meals provided free of charge pursuant to this paragraph shall be nutritiously adequate, and shall count toward the total of two school meals required to be provided each schoolday under paragraphs (1) and (2).
(B) As used in this paragraph, “school breakfast program” means the nonprofit breakfast program established by Section 4 of the federal Child Nutrition Act of 1966 (42 U.S.C. Sec. 1771 et seq.).
(4) The department shall reimburse local educational agencies that participate in the federal School Breakfast Program and National
School Lunch Program for all nonreimbursed expenses accrued in providing United States Department of Agriculture reimbursable meals to pupils as described in subdivision (b).
(b) The amount of per-meal reimbursements provided under this section shall not exceed the difference between the sum of the amounts calculated from meals claimed based on the free combined breakfast and lunch reimbursement rates established by the United States Department of Agriculture and state meal contribution established in Section 49559, and the combined federal and state amounts reimbursed for reduced-price and paid meals claimed.
(c) For the 2021–22 school year, the twenty-four cents eighty-seven mills ($0.2487) reimbursement per meal served, as specified in Provision 6 of Item 6100-203-0001 of the Budget
Act of 2021, shall apply to all United States Department of Agriculture reimbursable meals served to pupils under the federal Seamless Summer Option, if eligible in accordance with federal regulations.
(d) The reimbursement required pursuant to this section shall be provided upon appropriation by the Legislature. This section shall not be operative until the Legislature has appropriated funds for purposes of this section.
(e) (1) The department may adopt, and as necessary revise, guidelines in accordance with this section at a publicly noticed meeting if the department complies with all of the following:
(A) Provides an opportunity for public comment at the meeting.
(B) Provides written public notice of a meeting at least 30 days before the meeting at which the guideline to be adopted will be considered or approved.
(C) For a substantive revision of the guidelines, the department provides written notice of a meeting at least 15 days before the meeting at which the revision will be considered or approved.
(2) The adoption or revision of guidelines pursuant to this subdivision is exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code until July 1, 2023.
SEC. 4.SEC. 5.
Section 49550 of the Education Code is amended to read:49550.
(a) Notwithstanding any other law, a school district or county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, shall provide each needy pupil with one nutritionally adequate free or reduced-price meal during each schoolday, and family daycare homes shall be reimbursed for 100 percent of the meals served.(b) To comply with subdivision (a), a school district or county office of education may use funds made available through any federal or state program the purpose of which includes the provision of meals to a pupil, including the federal School Breakfast Program, the federal National School Lunch Program, the federal Summer Food Service
Program, the federal Seamless Summer Option, or the state meal program, or may do so at the expense of the school district or county office of education.
(c) For purposes of this article, “schoolday” means any day that pupils in kindergarten or grades 1 to 12, inclusive, are attending school for purposes of classroom instruction, including, but not limited to, pupil attendance at minimum days, state-funded preschool, transitional kindergarten, summer school including incoming kindergarten pupils, extended school year days, and Saturday school sessions.
SEC. 5.SEC. 6.
Section 49552 of the Education Code is amended to read:49552.
For purposes of this article, “needy pupil” means a pupil who meets federal eligibility criteria for free and reduced-price meals as referenced in Section 49531, except for family daycare homes that shall be reimbursed for 100 percent of the meals.SEC. 6.SEC. 7.
Section 1596.658 is added to the Health and Safety Code, to read:1596.658.
Subject to an appropriation by the Legislature in the annual Budget Act or another statute for these purposes, the department shall provide funding for child nutrition as follows:(a) A supplemental state meal reimbursement for Trustline providers for up to two daily meals per child served through the Child and Adult Care Food Program. The reimbusement reimbursement rate shall be set at a rate equivalent to the state meal reimbursement for local educational agencies.
agencies, and it is strongly encouraged that the meals and food items provided comply with the guidelines specified in Section 49430.7 of the Education Code.
(b) To establish a free meal program for all children under the care of a Trustline provider, reimbursement of up to two daily meals per child served through the Child and Adult Care Food Program at a rate equal to the difference between the highest federal rate of reimbursement, as published annually in accordance with Section 226.4 of Title 7 of the Code of Federal Regulations, and the federal rate of reimbursement for which the meal served is federally eligible.
(c) (1) Grants to Trustline providers, including sponsors of the Child and Adult Care Food Program, to encourage
their participation in and expansion of the Child and Adult Care Food Program.
(2) Trustline providers or sponsors that receive a grant pursuant to this section shall use the funds for costs of initiating or expanding free childcare meals, as determined by the department. In awarding grants, the department shall give preference to facilities located in or serving historically under-resourced communities, including areas of concentrated poverty.
SEC. 7.SEC. 8.
Section 1596.7926 is added to the Health and Safety Code, to read:1596.7926.
Subject to an appropriation by the Legislature in the annual Budget Act or another statute for these purposes, the department shall provide funding for child nutrition as follows:(a) A supplemental state meal reimbursement for child daycare facilities for up to two daily meals per child served through the Child and Adult Care Food Program. The reimbusement reimbursement rate shall be set at a rate equivalent to the state meal reimbursement for local educational agencies.
agencies, and it is strongly encouraged that the meals and food items provided comply with the guidelines specified in Section 49430.7 of the Education Code.
(b) To establish a free meal program for all children in child daycare facilities, reimbursement of up to two daily meals per child served through the Child and Adult Care Food Program at a rate equal to the difference between the highest federal rate of reimbursement, as published annually in accordance with Section 226.4 of Title 7 of the Code of Federal Regulations, and the federal rate of reimbursement for which the meal served is federally eligible.
(c) (1) Grants to child daycare facilities, including sponsors of the Child and Adult Care Food Program, to encourage their participation
in and expansion of the Child and Adult Care Food Program.
(2) Facilities or sponsors that receive a grant pursuant to this section shall use the funds for costs of initiating or expanding free childcare meals, as determined by the department. In awarding grants, the department shall give preference to facilities located in or serving historically under-resourced communities, including areas of concentrated poverty.
