BILL ANALYSIS Ó
AB 152
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CONCURRENCE IN SENATE AMENDMENTS
AB 152 (Fuentes)
As Amended August 30, 2011
Majority vote
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|ASSEMBLY: |76-0 |(June 1, 2011) |SENATE: |40-0 |(September 6, |
| | | | | |2011) |
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Original Committee Reference: HEALTH
SUMMARY : Provides a tax credit to California growers for the
costs of fresh fruits or vegetables donated to California food
banks. Establishes the State Emergency Food Assistance Program
(SEFAP) within the Department of Social Services (DSS) and
allows for contributions to SEFAP for the purchase of California
grown fresh fruits or vegetables. Require the Department of
Public Health (DPH) to apply for federal funds available for
promoting healthy eating and preventing obesity.
The Senate amendments :
1)Require donors to provide to food banks the estimated value of
the donated fresh fruits or fresh vegetables and information
regarding the origin of where the donated fruits or vegetables
were grown.
2)Require the Franchise Tax Board (FTB), in its report to the
Legislature, to include the estimated value of the fresh
fruits and fresh vegetables donated, the county in which the
products originated, and the month the donation was made.
3)Permit DPH to provide in-kind support and award grants to
local education agencies, upon receipt of federal funds
regarding promoting healthy eating and preventing obesity.
4)Clarify that SEFAP is required to provide food and funding for
the provision of emergency food to food banks established
pursuant to the federal Emergency Food Assistance Program.
5)Delete provision permitting SEFAP Account to receive General
Fund moneys.
6)Clarify that all moneys received by SEFAP is required, upon
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appropriation by the Legislature, to be allocated to DSS for
allocation to SEFAP and, with the exception of those
contributions made according to existing law and regulations,
to be used for the purchase, storage, and transportation of
food grown or produced in California. Prohibits storage and
transportation expenditures from exceeding 10% of SEFAP's
annual budget.
7)Require, notwithstanding provisions in 4) above, funds
received by SEFAP, upon appropriation of the Legislature, be
allocated to DSS, in part, to be used for DSS' administrative
costs associated with the administration of SEFAP.
8)Make other clarifying and technical amendments.
EXISTING LAW :
1)Establishes the scope of functions and responsibilities of
DPH.
2)Establishes The Emergency Food Assistance Program (TEFAP),
under federal law, which supplements the diets of low-income
Americans, including elderly people, by providing them with
emergency food and nutrition assistance at no cost.
3)Establishes the Personal Income Tax Law which allows
taxpayers, until January 1, 2014, to designate on their tax
returns that a specified amount in excess of their tax
liability be contributed to the Fund, to be allocated by DSS
for direct services for TEFAP.
4)Authorizes through the Personal Income Tax Law and the
Corporation Tax Law various credits against the taxes imposed
by those laws.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, the new tax credit will result in a cost to the
General Fund (GF) in the amount of $200,000 in fiscal years (FY)
2011-12; $200,000 in FY 2012-13, and $400,000 in FY 2013-14.
The Senate Appropriations Committee states that the FTB's
administrative costs to the GF will be $66,000 in FY 2011-12.
Costs to DSS for SEFAP administration will be minor and
absorbable and costs to DPH will be minor to investigate federal
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funding opportunities and distribute grants.
COMMENTS : According to the author, nearly 20% of Californians
(over 7 million) report that they are unable to afford the food
they need including many seniors and working parents whose
budgets for food are squeezed by the economic downturn and slow
recovery. Additionally, the sponsor maintains that low-income
Californians find it difficult to purchase healthy food such as
fruits and vegetables because of cost constraints and a lack of
access in their community. The author asserts that since the
recession, food banks across California have seen a sudden and
unprecedented increase in requests for food assistance, beyond
anything that has been seen in a generation. Statewide most
food banks are reporting a 30 to 50% increase in requests for
assistance.
The California Association of Food Banks, sponsor of this bill,
argues that while 38 other states have made an investment in
emergency food and nutrition programs, California currently does
not have a state emergency food assistance program. State
programs are generally intended to fill the unmet need left by
TEFAP. The lack of a state investment in emergency food, places
a heavy burden of providing emergency food to an
already-stretched network of food banks. The author and sponsor
maintain that establishing a state emergency food assistance
program and providing an incentive for California growers to
donate healthy products like fruits and vegetables to food banks
will increase the amount of food distributed and reduce the
devastating impact of hunger on adults, children and seniors in
the State.
The author has also included in this bill the granting of
authority to DPH for programs that prevent obesity and hunger,
and promote healthy eating and access to nutritious food.
According to the author, the granting language will eliminate
administrative burdens that delay DPH in getting obesity
prevention dollars out into the community.
Analysis Prepared by : Tanya Robinson-Taylor / HEALTH / (916)
319-2097
FN: 0002447
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