BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2384
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 2384 (Leno)
          As Amended May 26, 2006
          Majority vote 

           HEALTH              9-3         APPROPRIATIONS                  
                                                  (vote not available)
           ----------------------------------------------------------------- 
          |Ayes:|Chan, Berg, Dymally,      |     |                          |
          |     |Frommer, Jones, Lieu,     |     |                          |
          |     |Montanez, Negrete McLeod, |     |                          |
          |     |Ridley-Thomas             |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Aghazarian, Nakanishi,    |     |                          |
          |     |Strickland                |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Establishes a "Healthy Food Purchase" pilot program  
          (pilot program) to increase the sale and purchase of fresh  
          fruits and vegetables in low-income communities.  Specifically,  
           this bill  :  

          1)Requires the Department of Health Services (DHS), in  
            consultation with the Department of Food and Agriculture  
            (CDFA), to develop up to seven pilot programs with the  
            following components:

             a)   Strategies aimed at small grocers in targeted low-income  
               neighborhoods to increase the offerings of fresh fruits and  
               vegetables in those communities.  Requires DHS to provide  
               support or assistance to obtain refrigerated produce  
               display cases, as specified.  Requires DHS to use federal  
               funds for technical assistance where appropriate; and,

             b)   Strategies aimed at food stamp recipients to increase  
               their purchase of fresh fruits and vegetables by making  
               those products more affordable, including the development  
               and implementation of financial incentives.  Requires DHS  
               to seek any necessary federal government approvals to allow  
               use of the Food Stamp Electronic Benefits Card, as  
               specified.

          2)Requires DHS, in developing the program, to include the  








                                                                  AB 2384
                                                                  Page  2


            following:

             a)   At least one county that is above the food stamp average  
               county participation and at least one county that is below  
               the food stamp average county participation;
             b)   At least one county with high above-average rates of  
               poverty, food insecurity, and obesity;
             c)   At least one urban county; and 
             d)   At least one rural county.

          3)Requires DHS to consider the following in choosing counties to  
            participate in the program:

             a)   Level of need in the community;
             b)   Size of food stamp population;
             c)   Need for geographic diversity; and,
             d)   Availability of technology in targeted food retailers to  
               collect the data necessary to evaluate the program.

          4)Requires DHS to seek all necessary approvals to establish the  
            pilot program, and apply for available federal matching funds  
            to support the work of the pilot program.

          5)Requires DHS, in consultation with the United States  
            Department of Agriculture's Economic Research Service, to  
            develop a process for evaluating the effectiveness of the  
            pilot program.  Requires DHS to make recommendations to the  
            Legislature regarding the continuation of the pilot program,  
            and any state and federal policy changes needed to support the  
            goals of the pilot program.  

          6)Requires the evaluation to examine the impact of the various  
            strategies employed in the pilot program on the purchase of  
            fresh produce and on any increase in retailer space devoted to  
            the sale of fresh fruits and vegetables, and the effect this  
            has on retailer profitability.  Requires the evaluation to  
            develop control groups to test alternative to the reliance on  
            uniform product codes for identification of fresh produce  
            deemed eligible for financial incentives.  Requires DHS to  
            contract with an independent external evaluator for the  
            evaluation.  

          7)Makes implementation of this bill contingent upon an  
            appropriation in the annual Budget Act or another statute or  








                                                                  AB 2384
                                                                  Page  3


            the receipt of federal funding.  

          8)Sunsets the provisions of this bill on January 1, 2011.

          9)Makes legislative findings and declarations on the importance  
            of eating healthy and making available fresh fruits and  
            vegetables.   

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee:

          1)Assuming implementation, unknown General Fund (GF) costs,  
            likely in the millions of dollars annually, for implementation  
            of the pilot program until January 2010, depending upon the  
            counties chosen, number of grants provided and the amount and  
            type of incentives provided to food stamp recipients.  For  
            example, if $5,000 in assistance were provided to 100 small  
            grocers and an additional $10 per month were provided to  
            20,000 Food Stamp recipients to encourage the purchase of  
            fresh fruits and vegetables, GF costs would be $2.9 million.   
            Additional amounts would be required for system changes and  
            DHS program administration.

          2)One-time GF costs of approximately $100,000 for the required  
            evaluation and report to the Legislature.

          3)Implementation of this bill is contingent upon an  
            appropriation in the annual Budget Act or another statute or  
            the receipt of federal funding. 
           
           COMMENTS  :   According to the California Food Policy Advocates,  
          the sponsor of this bill, this bill strengthens California's  
          efforts to prevent obesity by increasing access to fresh fruit  
          and vegetables in low-income communities where fruit and  
          vegetables typically are unavailable or costly.  It states that  
          there is currently no state law or policy aimed at increasing  
          the availability of fruit and vegetables in low-income  
          neighborhoods.  California, like the other states, has a growing  
          obesity problem, where approximately 60% of our adults and over  
          25% of our children are obese or overweight.  The consequences  
          of obesity are devastating to individuals, characteristically  
          involving diabetes, hypertension, heart disease, cancer and  
          other debilitating diseases.  Physicians, nutritionists, and  
          other experts recognize the importance of a diet rich in fruit  








                                                                  AB 2384
                                                                  Page  4


          and vegetables as one key strategy in preventing obesity.   
          Unfortunately, as countless studies document, residents of  
          low-income neighborhoods generally lack access to fruit and  
          vegetables.

          The Governor's 2006-2007 Budget includes a $6 million GF  
          proposal to support a comprehensive obesity prevention program.   
          A goal of the proposal is to support healthy school and  
          workplace environments to promote physical activity and healthy  
          eating.  The proposed funding will also support Medi-Cal managed  
          care efforts to increase obesity-related screening and  
          counseling and provide referral and treatment for overweight and  
          at-risk-for-overweight children.  California Obesity Prevention  
          Initiative (COPI), established within DHS, is tasked with  
          promoting physical activity and healthy eating, addressing the  
          societal, technological, and environmental influences on obesity  
          to reduce the prevalence of obesity and its associated health  
          risks among Californians.  COPI's Web site indicates that its  
          long term goals include reducing the life-long complications of  
          childhood overweight and obesity and their associated adverse  
          health outcomes, by intervening with children and youth who are  
          high risk; addressing the disparities in obesity prevalence and  
          treatment for underserved and vulnerable populations in  
          California, especially for children and youth; and, creating  
          environments that support healthy eating and physical activity  
          for all Californians, particularly for children and youth.


           Analysis Prepared by  :    Rosielyn Pulmano / HEALTH / (916)  
          319-2097 


                                                                FN: 0014876