BILL NUMBER: AB 2720 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 10, 2010
AMENDED IN ASSEMBLY MAY 12, 2010
INTRODUCED BY Assembly Members John A. Perez and Bass
( Principal coauthor: Senator
Alquist )
(Coauthors: Assembly Members Galgiani and Hall)
FEBRUARY 19, 2010
An act to amend Section 104601 add Article
3 (commencing with Section 104660) to Chapter 2 of Part 3 of
Division 103 of the Health and Safety Code, relating to public
health.
LEGISLATIVE COUNSEL'S DIGEST
AB 2720, as amended, John A. Perez. 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.
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 create the California Healthy Food Financing
Initiative. It 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 prepare recommendations ,
to be presented upon request to the Legislature ,
regarding actions that need to be taken to promote food access in the
state. It would also require the Department of Food and Agriculture
to coordinate efforts to implement the initiative and
maximize the funding opportunities provided by the federal 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.
The bill would create the California Healthy Foods Financing
Initiative Fund in the State Treasury, to be comprised of federal,
state, 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 shall 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) Access to health 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) 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.
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 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 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 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).
(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.
(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. 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.
(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.
(h) Notwithstanding any other provision of law, no General Fund
moneys shall be used to fund the program.
(i) This article shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
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, 2011, the Department of Food and
Agriculture, in consultation with the State Department of Public
Health and the State Department of Social Services, 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 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, financial institutions, food systems researchers,
representatives from the agricultural industry, and nonprofit
organizations with expertise in this area.
104662. 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, including, but not limited to,
coordinating 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.
104663. (a) There is hereby established in the State Treasury the
California Healthy Food Financing Initiative Fund, which shall be
comprised of federal, state, 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, and funding from private
sector financial institutions pursuant to the federal Community
Reinvestment Act.