BILL NUMBER: AB 2720 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 12, 2010
INTRODUCED BY Assembly Members John A. Perez and Bass
(Coauthors: Assembly Members Galgiani and Hall)
FEBRUARY 19, 2010
An act to amend Section 104601 of the Health and Safety Code,
relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 2720, as amended, John A. Perez. Public health: food
justice. 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.
Existing law, until January 1, 2011, requires the State Department
of Public Health to develop a "Healthy Food Purchase" pilot program
to increase the sale and purchase of fresh fruits and vegetables in
low-income communities, as specified.
This bill would require, by July 1, 2011, the Department of Food
and Agriculture, in consultation with the State Department of Public
Health and the State Department of Social Services, to provide
recommendations to the Legislature regarding actions that need to be
taken to promote food justice access in
the state. It would also require the Department of Food and
Agriculture to coordinate efforts to maximize the funding
opportunities provided by the f ederal 2010 Healthy Food
Financing Initiative.
This bill would revise and recast the "Healthy Food Purchase"
pilot program to require the State Department of Public Health to
utilize the maximum amount of federal funds available to further the
purposes of the program. It would authorize the department to award
grants and provide in-kind support to nonprofit corporations to
encourage the sale and consumption of fresh fruits and vegetables, as
specified. It would extend to January 1, 2015, the repeal date of
the program.
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) Access to fresh and healthy food is a basic human right.
(b) Communities are enriched by diverse food experiences.
(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) Agricultural lands need to be protected for future
generations.
(d) Access to health 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) Opportunities for increasing the number of grocery
stores, urban farm stands, farmers' markets, 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 .
SEC. 2. (a) By July 1, 2011, the Department
of Food and Agriculture, in consultation with the State Department of
Public Health and the State Department of Social Services, shall
provide recommendations to the Legislature regarding actions that
need to be taken to promote food justice
access in the state.
(b) The Department of Food and Agriculture, in consultation with
the State Department of Public Health and the State Department of
Social Services, shall coordinate efforts to maximize the funding
opportunities provided by the federal 2010 Healthy Food Financing
Initiative. This national initiative is intended to expand access to
nutritious foods in underserved urban and rural communities and
eliminate food deserts across the country within seven years.
SEC. 3. Section 104601 of the Health
and Safety Code is amended to read:
104601. (a) The department, in consultation with the Department
of Food and Agriculture, shall develop a "Healthy Food Purchase"
pilot program to increase the sale and purchase of fresh fruits and
vegetables in low-income communities.
(b) The total number of counties included in the pilot program
shall not exceed seven.
(c)
(b) The department, in consultation with the Department
of Food and Agriculture, shall design the program to include the
following two components:
(1) Strategies aimed at small grocers in targeted low-income
neighborhoods to increase the offerings of fresh fruits and
vegetables in those communities. In selected pilot program
communities, the department shall provide targeted food retailers
with support or assistance to obtain refrigerated produce display
cases through the assessment of the feasibility of a variety of
financing methods, including, but not limited to, leasing, lending,
small business and economic development support, and other
time-limited strategies. The department shall also provide technical
assistance to targeted retailers on the purchase, storage, marketing,
and display of fresh produce. The department shall use available
federal funds for this technical assistance, where appropriate.
(2) 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. The department, in consultation with the State
Department of Social Services, shall seek any necessary federal
government approvals to allow use of the Food Stamp Electronic
Benefits Card, as provided in Chapter 3 (commencing with Section
10065) of Part 1 of Division 9 of the Welfare and Institutions Code,
to provide those incentives, and to implement the pilot program.
(c) The department may award grants and provide in-kind support to
nonprofit corporations that the department deems eligible to
encourage the sale and consumption of fresh fruits and vegetables
pursuant to the program. The award of these grants shall be exempt
from the State Contract Act (Part 2 (commencing Section 10100) of
Division 2 of the Public Contract Code).
(d) In developing the pilot program, the department shall
include all of the following: design the program to
utilize the maximum amount of federal funds available to further the
purposes of the program, including federal funds made available
pursuant to the federal Food, Conservation, and Energy Act of 2008
(Public Law 110-234, Section 4141).
(1) At least one county that is above the food stamp average
county participation.
(2) At least one county that is below the food stamp average
county participation.
(3) At least one county with high above-average rates of poverty,
food insecurity, or obesity.
(4) At least one urban county.
(5) At least one rural county.
(e) The department shall consider all of the following in choosing
counties to participate in the program:
(1) The level of need in the community.
(2) The size of the food stamp population.
(3) The need for geographic diversity.
(4) The availability of technology in targeted food retailers to
collect the data necessary to evaluate the pilot program.
(f)
(e) The department shall seek all necessary approvals
to establish the pilot program, and shall apply for available federal
matching funds to support the work of the pilot program.
(g)
(f) The department shall develop, in consultation with
the United States Department of Agriculture's Economic Research
Service, a process for evaluating the effectiveness of the pilot
program. The evaluation shall 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. The evaluation also shall test alternatives to the
reliance on uniform product codes for identification of fresh produce
deemed eligible for financial incentives. The department
shall contract with an independent external evaluator to conduct this
evaluation. The department shall 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. To the extent permitted by federal law
and any conditions imposed upon private funding for the program, the
evaluation shall assess the effectiveness of combining the strategies
to increase offerings of fresh fruits and vegetables described in
paragraph (10) of subdivision (b) with the strategies for increasing
affordability of fresh fruits and vegetables in paragraph
(2) of that subdivision.
(h)
(g) The department may, on or after July 1, 2009,
implement this article to the extent that the Department of Finance
determines that there are sufficient funds available for that purpose
from any source, including state funds, federal funds, excluding
federal block grant funds awarded to California pursuant to the
Specialty Crops Competitiveness Act of 2004 (Public Law 108-465), and
future awards of block grant funds intended to improve the
competitiveness of the specialty crop industry, or funds from grants
or private donations.
(i)
(h) Notwithstanding any other provision of law, no
General Fund moneys shall be used to fund the program.
(j)
(i) This article shall remain in effect only until
January 1, 2013 2015 , and as of that
date is repealed, unless a later enacted statute, that is enacted
before January 1, 2013 2015 , deletes
or extends that date.