BILL NUMBER: AB 581 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 30, 2011
AMENDED IN SENATE JULY 11, 2011
AMENDED IN ASSEMBLY MAY 27, 2011
INTRODUCED BY Assembly Member John A. Pérez
( Principal coauthors:
Assembly Members Galgiani and Mitchell
)
(Principal coauthor: Senator Alquist)
( Coauthors: Assembly Members
Achadjian, Alejo, Allen,
Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford,
Buchanan, Butler, Campos,
Carter, Cedillo, Chesbro, Davis,
Dickinson, Eng, Fletcher,
Fong, Fuentes, Gordon, Hall,
Hayashi, Hueso, Lara, Ma,
Mansoor, Monning, Pan, Perea,
V. Manuel Pérez, Portantino,
Skinner, Solorio, Swanson,
Wieckowski, Williams, and Yamada )
FEBRUARY 16, 2011
An act to add and repeal Article 3 (commencing with Section
104660) of Chapter 2 of Part 3 of Division 103 of the Health and
Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 581, as amended, John A. Pérez. Public health: food access.
Existing law requires the Department of Food and Agriculture,
headed by the Secretary of Food and Agriculture, to promote and
protect the agricultural industry of the state.
This bill would, until January 1, 2015,
July 1, 2017, create the California Healthy Food Financing
Initiative. It would require, by July 1, 2012, the
Department Secretary of Food and Agriculture
, in consultation with the State Department of Public Health
and the State Department of Social Services, to prepare
recommendations, to be presented upon request to the Legislature,
regarding actions that need to be taken to promote food access in the
state. The bill would also establish the
California Healthy Foods Financing Initiative Council and would
require the Department of Food and Agriculture, in
consultation with other specified agencies, council
to implement the initiative and , as
specified. The bill would require the department to establish
an advisory group, as specified. The bill would authorize
the Department of Food and Agriculture to coordinate efforts to
maximize the funding opportunities provided by the federal 2010
Healthy Food Financing Initiative.
The bill would create the California Healthy Food Financing
Initiative Fund in the State Treasury, to be comprised of federal,
state, philanthropic, and private funds, for the purpose of expanding
access to healthy foods in underserved communities and, to the
extent practicable, to leverage other funding, as specified. Moneys
in the fund would be expended upon appropriation by the Legislature.
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. The Legislature hereby finds and declares all of the
following:
(a) California has some of the most productive farmlands in the
world. California's farmlands produce more than 350 commodities and
food items. These farmlands require protection and efficient
operations to maintain our food supply and guarantee a natural
resource for California's future generations.
(b) California's cultural heritage provides the basis for a
variety of food items that are available to the state's 36 million
residents.
(c) The production and preparation of food needs to be conducted
in a healthy and humane manner.
(d)
(b) Access to healthy food items is a basic human
right. Lack of access to healthy, affordable food items may result in
higher levels of obesity and other diet-related diseases.
Communities without access to affordable, quality, and nutritious
foods are known as food deserts.
(e)
(c) Opportunities for increasing the number of grocery
stores, urban and rural farm stands, farmers' markets, community
gardens, direct farm to institution, and direct farmer to consumer
marketing activities in underserved communities should be actively
pursued and fostered to ensure that all Californians have access to
healthy foods.
(d) Ensuring access to nutritional foods for Californians who
currently reside in food desert communities means improved economic
health as well as boosting a community's physical health and
well-being. Increasing access to healthy foods means new jobs and
opportunities in the areas of food distribution, retail sales, and
store management.
SEC. 2. Article 3 (commencing with Section 104660) is added to
Chapter 2 of Part 3 of Division 103 of the Health and Safety Code, to
read:
Article 3. California Healthy Food Financing Initiative
104660. This article shall be known, and may be cited, as the
California Healthy Food Financing Initiative.
104661. (a) By July 1, 2012, the Department of Food and
Agriculture, in consultation with the State Department of Public
Health and the State Department of Social Services, shall prepare
104661. (a) There is hereby created the California Healthy Foods
Financing Initiative Council, within the office of the Treasurer
which shall consist of the following members:
(1) The Treasurer or his or her designee.
(2) The Secretary of Food and Agriculture or his or her designee.
(3) The Secretary of California Health and Human Services or his
or her designee.
(4) The Secretary of Labor and Workforce Development or his or her
designee.
(b) The council shall implement the California Healthy Foods
Financing Initiative (CHFFI) and shall be chaired by the Treasurer or
his or her designee. This initiative is intended to expand access to
nutritious foods in underserved, urban, and rural communities and to
eliminate food deserts in California.
(c) The council shall have all of the following duties:
(1) Developing financing options using public or private moneys
and resources, to support access to healthy foods for all
Californians.
(2) Developing program parameters, including, but not limited to,
all of the following:
(A) Defining eligible entities for participation.
(B) Developing minimum eligibility thresholds for participation.
(C) Establishing minimum and maximum levels of financial
assistance.
(3) Partnering with federal, state, or local government agencies,
nonprofit organizations, and philanthropic programs to further the
purposes of the initiative.
(4) Reviewing recommendations of the advisory group, established
pursuant to Section 104662.
(5) Providing updates to the Legislature as requested.
(d) The council shall adopt all rules and regulations necessary to
implement the initiative.
104662. (a) By July 1, 2012,
the Secretary of Food and Agriculture shall prepare
recommendations, to be presented upon request of the Legislature,
regarding actions that need to be taken to promote food access in the
state.
(b) The Secretary of Food and Agriculture may establish an
advisory group, not to exceed 21 members, to assist the agencies in
complying with the requirements of subdivision (a). If established,
the advisory group shall consist of representatives from the
Legislature, food policy advocates, representatives from the grocery
industry and financial institutions, food systems researchers,
representatives from the agricultural industry, representatives from
underserved communities, and representatives from
nonprofit and philanthropic organizations with expertise
in this area , representatives of health care providers, and
others .
(c) The Department of Food and Agriculture, in consultation with
the State Department of Public Health, the State Department of Social
Services, and the Treasurer, may coordinate efforts to maximize the
funding opportunities provided by the federal 2010 Healthy Food
Financing Initiative.
104662. (a) The Department of Food and Agriculture, in
consultation with the State Department of Public Health, the State
Department of Social Services, and the Treasurer shall implement the
California Healthy Food Financing Initiative. This initiative is
modeled after the National Healthy Food Financing Initiative, which
is intended to expand access to nutritious foods in underserved,
urban, and rural communities and to eliminate food deserts across the
country within seven years.
(b) The program parameters of the California Healthy Foods
Financing Initiative shall be implemented using a diverse mix of
funding sources, including, but not limited to, federal, state,
philanthropic, and private resources.
104663. (a) There is hereby established in the State Treasury the
California Healthy Food Financing Initiative Fund, which shall be
comprised of federal, state, philanthropic, and private funds for the
purpose of expanding access to healthy foods in underserved
communities.
(b) Moneys in the fund shall be expended upon appropriation by the
Legislature, and shall be used, to the extent practicable, to
leverage other funding, including, but not limited to, new markets
tax credits, federal and foundation grant programs, incentives
available to designated enterprise zones, the federal Specialty Crop
Block Grant Program, and funding from private sector financial
institutions pursuant to the federal Community Reinvestment Act.
104664. This article shall remain in effect only until
January 1, 2015, July 1, 2017, and as of that
date is repealed, unless a later enacted statute, that is enacted
before January 1, 2015, 2018, deletes
or extends that date.