BILL NUMBER: SB 949INTRODUCED BILL TEXT INTRODUCED BY Senator Jackson FEBRUARY 6, 2014 An act to add Article 4 (commencing with Section 104670) to Chapter 2 of Part 3 of Division 103 of the Health and Safety Code, relating to nutrition. LEGISLATIVE COUNSEL'S DIGEST SB 949, as introduced, Jackson. Nutrition: Distinguished After School Health Recognition Program. Existing law, the Child Care and Development Services Act, is enacted for, among other purposes, the purpose of providing a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. This bill would establish the Distinguished After School Health (DASH) Recognition Program, to be administered by the State Department of Public Health, in consultation with the State Department of Education. The bill would require the department to provide an application for, and issue a certificate to, after school programs, as defined, that self-certify that they meet prescribed requirements, including staff training on healthy eating and physical activity, providing healthy food and drinks to participants, and providing participants with physical activity and limited screen time. The certificate would be valid for one year and this bill would require the department to post a list of certificate holders on its Internet Web site. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. This act shall be known, and may be cited, as the Distinguished After School Health Recognition Program. SEC. 2. The Legislature finds and declares all of the following: (a) Childhood obesity poses a serious threat to the children of our state and to their future. (b) According to the American Heart Association, 23.9 million children in America who are two to 19 years of age, inclusive, are overweight or obese and, of these children, more than one-half, 12.7 million, are obese. (c) In California one out of three children are obese or overweight. (d) The medical and workforce consequences of childhood obesity also threaten the fiscal viability of our health care system and our economy if not addressed. California costs attributable to physical inactivity, obesity, and overweight in 2011 were estimated at $52.7 billion. (e) The after school provider community has the reach and opportunity to provide a healthy after school experience to over 1,500,000 children in the out-of-school time period. These numbers include 4,400 publicly funded after school programs in California, including After School Education and Safety Program (ASES) and 21st Century Community Learning Centers (CCLC) programs that serve over 450,000 low-income students (K-12th grade) statewide, public and nonprofit after school programs, and 600,000 schoolage children in licensed childcare settings. SEC. 3. Article 4 (commencing with Section 104670) is added to Chapter 2 of Part 3 of Division 103 of the Health and Safety Code, to read: Article 4. Distinguished After School Health Recognition Program 104670. The Distinguished After School Health Recognition Program is hereby established, to be administered by the State Department of Public Health, in consultation with the State Department of Education, as appropriate. 104671. For purposes of this article, the following definitions shall apply: (a) "After school program" means After School Education and Safety Program (ASES), 21st Century High School After School Safety and Enrichment for Teens (High School ASSETs) program, and other qualified out-of-school time and licensed childcare programs conducted under Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1 of the Education Code that are outside of regular school hours, including before school and on weekends. (b) "DASH recognition program" means the Distinguished After School Health Recognition Program enacted pursuant to this article. (c) "Program attendee" means a person enrolled in an after school program. (d) "Screen time" means television, videos, computers, and hand-held devices, with or without Internet access. 104672. (a) An after school program that meets all of the requirements of Section 104673 may apply to the department for certification under the DASH recognition program. The application shall include a description of the manner in which the after school program meets the criteria described in Section 104673. If an after school program consists of multiple sites, each physical site of the program that is seeking certification shall apply to the department. (b) The department shall, on its Internet Web site, provide an application form for an after school program to apply for a certificate under this article and include resources and links that an after school program may utilize to meet the requirements of this article. 104673. The department shall provide a certificate pursuant to this article to an after school program that self-certifies, and provides a description demonstrating the manner in which the after school program meets, each of the following: (a) Each staff member of the after school program has received training on the standards of this article and the importance of modeling healthy eating and physical activity. Training shall be in accordance with the YMCA of the USA, the Center for Collaborative Solutions, A World Fit For Kids!, the National Institute on Out-of-School Time, or other similar programs. (b) The after school program provides regular and ongoing nutrition education to each program attendee to help the program attendee develop and practice healthy habits. (c) The after school program ensures that each program attendee participates, on a daily basis, in an average of 30 to 60 minutes of moderate to vigorous physical activity, consistent with Guidelines 7 and 8 of the California Department of Education's California After School Physical Activity Guidelines, while the after school program is in session. (d) Screen time is limited during the operational hours of the after school program and is only allowed in connection with homework or an activity that engages program attendees in a physical activity or educational experience, consistent with the California After School Physical Activity Guidelines. (e) Healthy foods, including, but not limited to, fruits or vegetables, without added sugar, shall be served to program attendees as snacks on a daily basis. Fried foods, candy, or foods that are primarily sugar-based, high in sodium, or include transfats shall not be served to program attendees or consumed by staff during the program's hours of operation. Snacks or meals provided pursuant to the After School Education and Safety Program (ASES), the 21st Century High School After School Safety and Enrichment for Teens (High School ASSETs) program, and the Child and Adult Care Food Program (CACFP) meal guidelines shall be deemed to meet this standard. (f) Program attendees shall be served water, low-fat or nonfat milk, or 100 percent fruit juice. A preference shall be given for water. Safe and clean drinking water shall be available and accessible at all times to program attendees and staff. Milk and fruit juices shall not be served in quantities exceeding six ounces per day. Sugar-sweetened beverages shall not be served to program attendees and staff of the after school program shall not consume sugar-sweetened beverages at the program site. (g) If the after school program is located on a school site, the after school program communicates with the school regarding nutrition education and physical activity, as appropriate, to provide the program attendees with a complete educational experience. (h) The after school program has implemented an educational program for parents of program attendees that provides the parents with nutrition and physical activity information relevant to the program and the health of their children. (i) Information about the implementation of the requirements listed in subdivisions (a) to (h), inclusive, is available for review by a parent at both the physical location of the after school program and on the after school program's Internet Web site, if there is one. 104674. A certificate issued under this article shall be valid for one calendar year. An after school program that wishes to renew its certificate for the subsequent year shall, by January 1 of that year, certify with the department that the program continues to meet the DASH recognition program standards. 104675. The department shall maintain and update a list of after school programs that receive a certificate under the provisions of this article and shall post that list on its Internet Web site, including the date of self-certification for each after school program. 104676. In implementing the provisions of this article, the department may consider developing gold, silver, and bronze levels of distinction.