BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2720
                                                                  Page  1

          Date of Hearing:   April 21, 2010

                          ASSEMBLY COMMITTEE ON AGRICULTURE
                              Cathleen Galgiani, Chair
             AB 2720 (John A. Perez) - As Introduced:  February 19, 2010
          
          SUBJECT  :  Public health: food justice.

           SUMMARY  :  Requires the California Department of Food and  
          Agriculture (CDFA), by July 1, 2011, to make recommendations to  
          the Legislature, after consultation with the State Department of  
          Public Health (DPH) and the State Department of Social Services  
          (DSS), on actions needed to promote food justice with  
          California.

           EXISTING LAW  makes the legislative determination that the  
          provisions of the statutes of the Food and Agricultural Code  
          (FAC) are to exercise the power of this state for the purpose of  
          promoting and protecting the agricultural industry of the state,  
          and for the protection of the public health, safety and welfare.  
          (FAC Section 3)

           FISCAL EFFECT  :  This bill is keyed "fiscal" by Legislative  
          Counsel.


           COMMENTS  :  There has been an increasing problem within urban and  
          rural communities in California, and nation-wide, to maintain  
          the access to grocery stores and the availability of fresh  
          produce, creating what is called "food deserts."  To this end,  
          the Obama Administration released details of an over $400  
          million Healthy Food Financing Initiative (HFFI), which will  
          help bring grocery stores and other healthy food retailers to  
          underserved urban and rural communities across the nation.  The  
          HFFI is a partnership between the federal Departments of the  
          Treasury, Agriculture, and Health and Human Services. 


          HFFI will promote a range of interventions that expand access to  
          nutritious foods, including developing and equipping grocery  
          stores and other small businesses and retailers selling healthy  
          food in communities that currently lack these options.   
          Residents of these communities, which are sometimes called food  
          deserts, and are often found in economically distressed areas,  
          are typically served by fast food restaurants and convenience  







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          stores that offer little or no fresh produce.  Lack of healthy,  
          affordable food options can lead to higher levels of obesity and  
          other diet-related diseases, such as diabetes, heart disease,  
          and cancer. 


          Through this new multi-year HFFI, and by engaging with the  
          private sector, the Obama Administration intends to work toward  
          eliminating food deserts across the country within seven years.   
          The first year of funding proposes to leverage enough  
          investments to begin expanding healthy foods options into as  
          many as one-fifth of the nation's food deserts, and create  
          thousands of jobs in urban and rural communities across the  
          nation.

          The HFFI appears to be modeled after the Pennsylvania Fresh Food  
          Financing Initiative (FFFI) that the Pennsylvania Legislature  
          created in 2006.  FFFI is an innovative program that increases  
          the number of supermarkets and grocery stores in underserved  
          communities across the state of Pennsylvania.  Developed as a  
          public-private partnership, FFFI serves the financing needs of  
          operators located or locating in communities where  
          infrastructure costs and credit needs are not met by  
          conventional financial institutions to increase the availability  
          of fresh food in low-income neighborhoods.  FFFI uses market  
          analysis, leveraged capital, and public policy to stimulate  
          supermarket development.  Investing in quality food markets in  
          underserved communities directly benefits low- and  
          moderate-income communities.  

          Pennsylvania appropriated $30 million over three years to the  
          program; The Reinvestment Fund (TRF), an investment company, has  
          leveraged the investment to create a $120 million fund for  
          financing the FFFI.  As of December 2009, FFFI has helped  
          finance 83 supermarket projects in 34 Pennsylvania counties,  
          ranging in size from 900 to 69,000 square feet.  In total, these  
          projects are expected to create or retain 5,000 jobs and more  
          than 1.6 million square feet of food retail. 

          FFFI is designed to meet the financing needs of supermarket  
          operators that want to operate in these communities, to help new  
          supermarkets get off the ground and existing ones to refurbish  
          and replace old capital to improve efficiency and lower costs.   
          FFFI provides grants and loans to qualified food retail  
          enterprises for predevelopment costs including, but not limited  







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          to, land acquisition financing, equipment financing, capital  
          grants for project funding gaps, construction and permanent  
          finance, and workforce development.  

          TRF also offers stores technical assistance and financing to  
          support energy efficiency and conservation measures.  FFFI has  
          become a $120 million one-stop-shop for financing fresh food  
          retailers in underserved areas. 

          On April 14, 2010, Congressman Joe Baca (D-CA), Chairman of the  
          House Agriculture Committee's Subcommittee (Subcommittee) on  
          Department Operations, Oversight, Nutrition and Forestry, held a  
          hearing on access to healthy food and programs and proposals  
          that can expand the availability of healthy food in areas with  
          limited access.  The Subcommittee heard testimony from officials  
          with the United States Department of Agriculture, as well as  
          from a prominent chef, a nutritionist, and from witnesses who  
          have developed innovative and successful initiatives to expand  
          access to healthy food in underserved areas.

          One witness, Mr. Randall Wattermann, of the Nebraska Food  
          Cooperative, is using the internet as the basis for a new farmer  
          co-op model to bring fresh products to consumers.  Mr. Jeffrey  
          Brown, Chief Executive Officer of Brown's Super Stores, Inc., is  
          providing new job opportunities and healthier food choices  
          through an innovative grocery business model.  Ms. Diana  
          Endicott, from Good Natured Family Farms, has created  
          collaboration among 150 farm families developing new markets for  
          fresh local produce.

          According to the author, AB 2720 is intended to coordinate the  
          efforts to maximize HFFI in California; as such, it is a  
          work-in-progress as they continue to receive suggestions and  
          comments on potential amendments.  It is anticipated that should  
          AB 2720 pass this Committee, it is likely to be amended in the  
          Assembly Committee on Appropriations to address the suggestions  
          by industry and others. 
           
          Preliminary concepts for the amendments are as follows: 

          1)Findings and declarations are to be expanded to include:

             a)   Acknowledging the importance of protecting our  
               productive farmlands for future generations;








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             b)   Acknowledging that access to healthy food items is a  
               basic human right and lack of healthy, affordable food  
               options can result in higher levels of obesity and other  
               diet-related diseases.  Communities where access to  
               affordable, high quality, and nutritious foods is limited  
               are known as food deserts; and,

             c)   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 all Californians have access to healthy foods.

          2)Direct CDFA, in consultation with the State DPH and DSS, to  
            coordinate the effort to maximize the funding opportunities  
            provided by the federal 2010 HFFI.  This national initiative  
            contains $400 million in annual funding and is intended to  
            expand access to nutritious foods in underserved urban and  
            rural communities and eliminate food deserts across the  
            country within seven years. 

           RELATED LEGISLATION  :  AB 2726 (Leno), Chapter 466, Statutes of  
          2008.  Extended the sunset date of DPH's Healthy Food Purchase  
          pilot program from January 1, 2011, to January 1, 2013, and  
          authorizes DPH to implement the pilot program by July 1, 2009,  
          to the extent that the Department of Finance determines that  
          sufficient funds are available from any source, as specified.

          AB 2384 (Leno), Chapter 236, Statutes of 2006, established the  
          "Healthy Food Purchase" pilot program, not to exceed seven  
          counties, to increase the sale and purchase of fresh fruits and  
          vegetables in low-income communities.

          Congressional House Resolution 4971 (Ms. Kaptur of Ohio),  
          proposes to increase the emphasis on urban agricultural issues  
          in the United States Department of Agriculture (Department)  
          through the establishment of a new office to ensure that  
          Department authorities are used to effectively encourage local  
          agricultural production and increase the availability of fresh  
          food in urban areas, particularly underserved communities  
          experiencing hunger, poor nutrition, obesity, food insecurity,  
          and for other purposes.

           REGISTERED SUPPORT / OPPOSITION  :   








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           Support 
           
          None on file.

           Opposition 
           
          None on file.
           

          Analysis Prepared by  :    Jim Collin / AGRI. / (916) 319-2084