BILL ANALYSIS Ó
SENATE COMMITTEE ON HEALTH
Senator Ed Hernandez, O.D., Chair
BILL NO: AB 2246
AUTHOR: John A. Pérez
AMENDED: April 23, 2012
HEARING DATE: June 20, 2012
CONSULTANT: Orr
SUBJECT : Public health: food access.
SUMMARY : Requires the California Healthy Food Financing
Initiative (CHFFI) Council to establish and maintain a website
that provides specified information by March 31, 2013.
Existing law:
1.Establishes the CHFFI for the purpose of expanding access to
nutritious foods in underserved, urban, and rural communities
and eliminating food deserts in California. Establishes the
CHFFI Council under the office of the Treasurer to implement
the CHFFI.
2.Requires, until January 1, 2013, the California Department of
Public Health (CDPH), in conjunction with the California
Department of Food and Agriculture (CDFA), to develop a
Healthy Food Purchase pilot program, as specified, to increase
the sale and purchase of fresh fruits and vegetables in
low-income communities. Requires CDPH to develop a process for
evaluating the effectiveness of the pilot and contract with an
independent external evaluator to conduct the evaluation.
Specifies that CDPH must apply for available federal matching
funds to support the pilot and that no General Fund monies may
be used to fund the pilot.
This bill: Requires the Council to establish and maintain a
website. Requires, by March 31, 2013, the website to include,
but not be limited to:
§ actions taken by the council;
§ available funding sources to support access to healthy foods;
§ interagency activities among specified state entities that
focus on benefiting underserved communities and increasing
access to healthy foods; and
§ resources and links to other Internet Web sites with
information on food deserts and increasing access to healthy
foods.
Continued---
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FISCAL EFFECT : According to the Assembly Appropriations
Committee, the State Treasurer has recently launched a website
for the Council. Adding these particular components to that site
would result in minor costs absorbable within existing
resources.
PRIOR VOTES :
Assembly Health: 17- 0
Assembly Agriculture:9- 0
Assembly Appropriations:17- 0
Assembly Floor: 70- 0
COMMENTS :
1.Author's statement. Given the number of rural and urban
communities that lack access to healthy foods and the growing
interest of local government, non-profit groups and
philanthropic organizations to increase access, it is
important to have a centralized resource that is easily
accessible and contains information on potential funding
sources, partnership opportunities, and actions taken by the
CHFFI Council and other governmental agencies.
2.Food deserts. A food desert is described as a geographic area
with limited access to affordable, quality, and nutritious
foods. 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. The Food,
Conservation, and Energy Act of 2008, commonly known as the
Farm Bill, required the United States Department of
Agriculture to study food deserts. That study found that of
all U.S. households, 2.3 million (2.2 percent) live more than
a mile from a supermarket and do not have access to a vehicle.
An additional 3.4 million households (3.2 percent) live
between one-half to 1 mile from a supermarket and do not have
access to a vehicle. The study also found that 23.5 million
people live in low-income areas (areas where more than 40
percent of the population has an income at or below 200
percent of federal poverty threshold) that are more than 1
mile from a supermarket or large grocery store. Data on
time-use and travel mode show that people living in low-income
areas with limited access to healthy food spend significantly
more time (19.5 minutes) traveling to a grocery store than the
national average (15 minutes).
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3
A subset of food deserts are areas increasingly referred to as
"food swamps." A food swamp is a defined geographic area
where the overabundance of high-energy foods (for example,
high caloric snacks sold at convenience stores or high fat,
high caloric foods sold at fast food outlets) overwhelms the
healthy food options.
3.Healthy Food Financing Initiative (HFFI). In February of 2010,
the Obama Administration released details of the HFFI, which
was intended to support projects that increase access to
healthy, affordable food in communities that currently lack
these options. These communities are often found in
economically distressed areas, and their residents are
primarily served by fast food restaurants and convenience
stores that offer little or no fresh produce. The HFFI seeks
to 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.
The HFFI is a partnership between the federal Departments of
the Treasury, Agriculture, and Health and Human Services.
According to the State Treasurer's Office, in his fiscal year
2012 budget proposal, President Obama called for a $345
million investment in HFFI.
4.CHFFI. The CHFFI was established in October 2011 as a
public-private partnership to increase access to healthy foods
in underserved, urban, and rural communities and to inspire
innovation in healthy food retailing. The CHFFI Fund within
the State Treasurer's Office is comprised of federal, state,
philanthropic, and private funds. The Treasurer's Office
claims to be working to secure funding for the CHFFI. When
secured, these funds will provide financing for grocery stores
and other forms of healthy food retail and distribution by
providing capital to eligible applicants.
The CHFFI Council includes the State Treasurer, the CDFA
Secretary, the Secretary of the California Health and Human
Services Agency, and the Secretary of the California Labor and
Workforce Development Agency. The Council's duties are to
develop financing options using public or private moneys and
resources; develop program parameters, such as establish
minimum and maximum levels of financial assistance; and
partner with federal, state, or local government agencies,
nonprofit organizations, and philanthropic programs.
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5.Related legislation. AB 70 (Monning) would require the
California Health and Human Services Agency to direct the
appropriate departments within the agency to apply for federal
community transformation grants under the Patient Protection
and Affordable Care Act and the Healthy, Hunger-Free Kids Act
of 2010, as specified. AB 70 is pending hearing in Senate
Health Committee.
6.Prior legislation. AB 581 (John A. Pérez), Chapter 505,
Statutes of 2011, created the CHFFI, the CHFFI Fund and the
CHFFI Council for the purpose of expanding access to healthy
foods in underserved communities. Requires the CDFA
Secretary, by July 1, 2012, to prepare recommended actions to
be taken to promote food access within California. This
authority remains in effect until January 1, 2017.
AB 152 (Fuentes), Chapter 503, Statutes of 2011, established
the State Emergency Food Assistance Program (SEFAP) in statute
and allows for federal contributions to SEFAP for the purchase
of California grown fresh fruits or vegetables. Provides a
tax credit to California growers for the costs of fresh fruits
or vegetables donated to California food banks. Directs CDPH
to apply for specified federal funding for obesity prevention
and promotion of healthy eating.
AB 2720 (John A. Perez) of the 2009-2010 Session was
substantially similar to AB 581. Vetoed with the message:
"While my Administration shares the same goals as the author
when it comes to promoting healthy and affordable food access
for low-income communities in California, the Healthy Food
Financing Initiative has not yet been acted on by Congress.
Unless and until those important federal funding details are
known, this bill is both premature and unnecessary."
AB 2726 (Leno), Chapter 466, Statutes of 2008, extends the
repeal date of the Healthy Food Purchase pilot program from
January 1, 2011, to January 1, 2013.
AB 2384 (Leno), Chapter 236, Statutes of 2006, required CDPH,
in consultation with CDFA 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,
until January 1, 2011.
7.Support. The California Pan-Ethnic Health Network (CPEHN)
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writes in support of the bill, claiming that thousands of
Californians live in areas that lack access to fresh, healthy,
affordable food, especially in low-income communities and
communities of color. Californians in areas without access to
supermarkets have rates of obesity and diabetes higher than 20
percent of residents living in healthy food environments. By
establishing a website with information about the Council's
actions, funding sources, additional resources and interagency
activities, AB 2246 is a logical step to ensure widespread
knowledge of the CHFFI Fund and Council and their efforts to
increase access to healthy foods.
The California State Association of Counties and the County
Health Executives Association of California both support AB
2246, claiming that counties support efforts to increase the
number of fresh grocery stores, urban and rural farm stands,
farmer's markets and community gardens in underserved
communities. By providing information and updates on the
Council's progress toward this goal, the website proposed in
AB 2246 will serve as an important tool in the state's effort
to promote healthy food access.
SUPPORT AND OPPOSITION :
Support: American Federation of State, County and Municipal
Employees
American Planning Association, California Chapter
California Building Industry Association
California Pan-Ethnic Health Network
California Physical Therapy Association
California Retailers Association
California State Association of Counties
County Health Executives Association of California
League of California Cities
Oppose: None received.
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