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HomeMy WebLinkAboutMINUTES - 06092015 - C.41RECOMMENDATION(S): ADOPT a "Support" position on AB 1321 (Ting): Nutrition Incentive Matching Grant Program, as introduced, a bill that establishes the Nutrition Incentive Matching Grant (NIMG) Program in the Office of Farm to Fork, to encourage the purchase and consumption of fresh California fruits, nuts, and vegetables by directly linking producers with certain public benefit recipients, as recommended by the Legislation Committee. FISCAL IMPACT: Fiscal impact unknown. BACKGROUND: At its May 7, 2015 meeting, the Legislation Committee considered the recommendation from the Agricultural Commissioner to recommend a position of "Support" to the Board of Supervisors on AB 1321. Introduced: 02/27/2015 Disposition: Pending Location: Assembly Appropriations Committee Status: 05/20/2015 In Assembly APPROPRIATIONS. On Suspense File. SUMMARY: This bill establishes the Nutrition Incentive Matching Grant (NIMG) Program in the Office of Farm to Fork (OF2F), creates a NIMG account and requires OF2F to establish minimum standards, funding schedules and grant procedures for the NIMG program. Specifically, this bill: APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 06/09/2015 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Federal D. Glover, District V Supervisor Contact: L. DeLaney, 925-335-1097 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: June 9, 2015 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 41 To:Board of Supervisors From:LEGISLATION COMMITTEE Date:June 9, 2015 Contra Costa County Subject:AB 1321 (Ting) Nutrition Incentive Matching Grant Program 1) Establishes the NIMG program within OF2F for the purpose of encouraging the buying and eating of California fruit, nuts and vegetables. 2) Defines the following: a) Nutrition benefit client (NBC) means a person who receives services or payments through any of the following: i) California Special Supplemental Food Program for Women, Infants, and Children (WIC), as described in current state law; ii) CalWORKS program, as described in current state law; iii) CalFresh, as described in current state law; iv) Implementation of the federal WIC Farmers' Market Nutrition Act of 1992; v) The Senior Farmers' Market Nutrition Program, as current United State law; or, vi) Supplemental Security Income or State Supplementary Payment, as current United State law. b) Defines a qualified entity as: i) A certified farmers' market, an association of certified producers, or a nonprofit organization representing a collective or association of certified producers, as specified; or, ii) A small business that sells California grown fresh fruits, nuts, and vegetables and is authorized to accept nutrition benefits from any of the programs uses by NBC, as specified. c) Defines a consumer incentive program (CIP) to mean a program administered by a qualified entity that doubles the purchasing value of a NBC's benefits when the benefits are used to purchase California fresh fruits, nuts, and vegetables. 3) Creates the NIMG account within OF2F to collect matching funds from federal grant programs, and other public and private sources. 4) Requires OF2F to provide and administer grants under the NIMG program in accordance with the following: a) Requires, subject to federal regulation and state appropriations, funds in the NIMG account be awarded by grants to qualified entities for a CIP; b) Requires OF2F to establish minimum standards, funding schedules and procedures for awarding grants, in consultation with the United States Department of Agriculture (USDA) and other specified parties of interest, as specified; i) Requires OF2F to not spend more than one-third of NIMG programs funds on CIP. c) Requires OF2F to prioritize the awarding of NIMGs based on, but not limited to, the following: i) Known demographic information as follows: (1) The NBC in an area; (2) The prevalence of diabetes, obesity or other diet related diseases; and, (3) The availability of fresh fruits, nuts and vegetables. ii) Demonstrated skill in administering a CIP; and, iii) Areas where the current population is not being served a CIP. BACKGROUND: (CONT'D) EXISTING LAW : 1) Establishes OF2F within the Department of Food and Agriculture (CDFA), to work with various entities involved in promoting food access, and to increase the amount of agricultural products available to schools and underserved communities in the state. 2) Requires OF2F to identify urban and rural communities that lack access to healthy food, and to coordinate with local, state, and federal agencies to promote and increase awareness of programs that promote greater food access. 3) Creates the Farm to Fork Account in the CDFA Fund consisting of money made available from federal, state, industry, and other sources, and would continuously appropriate the money deposited in the account to carry out the purposes of OF2F. EXISTING FEDERAL LAW: 1) Establishes the Supplemental Nutrition Assistance Program (SNAP), formerly the food stamp program, administered by USDA, which imposes specified rules on specified program participants and limits benefits based on those rules. 2) Establishes state grants for programs that supplement nutrition benefits that are spent on products at farmers' markets, based upon specified criteria. COMMENTS: The California Market Match (MM) program was launched in 2009 to encourage low-income families receiving benefits through SNAP to purchase fresh, locally-grown fruits and vegetables at farmers' markets. The program "matches" or doubles the amount of benefits these families can spend and has expanded operations to over 150 farmers' markets across California and increased the spending power of 37,000 families. According to the author, strong demand for MM often outstrips available funding for the program. The 2014 federal Farm Bill included $100 million in grant funding for programs such as Market Match that incentivize healthier eating amongst SNAP recipients. In order to best position local programs to receive these federal grants, this bill creates a state NIMG Program to apply for federal funds and award them to local MM programs with a proven record of success. Establishing a state framework to oversee funding of MM programs would leverage state resources to streamline local program administration, and expand MM programs across a more equitable cross-section of communities that lack access to fresh produce. One of the co-sponsors of this bill, Roots of Change, explained how they used $1.9 million in CDFA Specialty Crop Block Grant money, and nearly $300,000 in philanthropic funds from 2009 to 2013, to create the California MM pilot program. The MM pilot program has expanded market opportunities for specialty crop farmers. Supporters state that community-based partners operated in 23 counties to implement MM programs in 150 markets in 2014. Currently, the incentive match funds used to increase purchasing power are derived from philanthropic sources only and are therefore limited in scope. Supporters state the goal of this bill is to assist the state in leveraging federal dollars to increase specialty crop sales among low-income Californians. The author states that California is uniquely positioned to benefit from greater proliferation of programs such as MM. California grows over 400 commodities and produces nearly half of US-grown fruits, nuts and vegetables. There are approximately 700 certified Farmers' Markets and 2,200 certified producers in California. Furthermore, the author stresses that California has a persistent poverty problem to solve. 24% of Californians live in poverty and is ranked 50th in the rate of participation in SNAP. Scaling up MM programs would create an incentive for more families to utilize their SNAP benefits and ensure more Californians can afford to eat what is grown locally. REGISTERED SUPPORT / OPPOSITION: Support Ecology Center (co-sponsor) Roots of Change (co-sponsor) Latino Coalition for a Healthy California (co-sponsor) Public Health Institute (co-sponsor) Agricultural Commissioner of the City/County of San Francisco Agricultural Institute of Marin Agriculture and Land-based Training Association AltaMed Health Services Corporation American Cancer Society Cancer Action Network American Heart Association American Stroke Association Ashland Cherryland Food Policy Council Berkeley Food Institute Building Healthy Communities: Long Beach California Alliance of Farmers' Markets California Association of Food Banks California Black Health Network California Certified Organic Farmers California Commission on Aging California Convergence California Farm Bureau Federation California Food Policy Advocates California Food Policy Council California Hunger Action Coalition California Pan-Ethnic Health Network California Partnership California Rural Legal Assistance Foundation Center for Food Safety City of Santa Monica City of Santa Monica's Farmers' Market Program Coastside Farmers' Markets Community Alliance with Family Farmers Community Food and Justice Coalition County of Yolo CUESA Cultiva La Salud Enrich LA Feeding America San Diego First 5 LA Food Chain Workers Alliance Food for People, Food Bank for Humboldt County Hunger Action Los Angeles Hunger Advocacy Network Jewish Family Service of Los Angeles Los Angeles Community Action Network Los Angeles Food Policy Council Madera County Agricultural Commissioner Natural Resources Defense Council North Coast Growers' Association Orange County Food Access Coalition Pacific Coast Farmers' Market Association Plumas-Sierra Community Food Council PolicyLink Prevention Institute Project Angel Food San Diego Hunger Coalition San Francisco Food Security Task Force San Francisco Unified School District San Francisco Urban Agriculture Alliance Santa Barbara Food Alliance Santa Cruz County Agricultural Commissioner Sebastopol Farmers Market SF-Marin Food Bank Slow Food California Social Justice Learning Institute Sprouts of Promise Foundation SPUR St. Anthony Foundation Strategic Alliance for Healthy Food & Activity Environments Sustainable Economic Enterprises of Los Angeles Sustainable Economies Law Center Thai Community Development Center The Farmers Guild UC San Diego, Department of Pediatrics Center for Community Health United Food & Commercial Workers Union, Western States Council United Way of Kern County Urban & Environment Policy Institute Volunteers of East Los Angeles Wellington Square Certified Farmers Market Western Center on Law & Poverty Western Growers Women Organizing Resources, Knowledge & Services Yolo County Ag & Food Alliance Opposition None of file CONSEQUENCE OF NEGATIVE ACTION: Contra Costa County would not have a position on the bill. ATTACHMENTS Attachment A - Bill Text Attachment B - Fact Sheet california legislature—2015–16 regular session ASSEMBLY BILL No. 1321 Introduced by Assembly Member Ting (Principal coauthor: Assembly Member Bonta) (Principal coauthor: Senator Wolk) (Coauthors: Assembly Members Levine and Perea) February 27, 2015 An act to add Chapter 13 (commencing with Section 49010) to Division 17 of the Food and Agricultural Code, relating to food and agriculture. legislative counsel’s digest AB 1321, as introduced, Ting. Nutrition Incentive Matching Grant Program. Existing law establishes the Office of Farm to Fork within the Department of Food and Agriculture, and requires the office, to the extent that resources are available, to work with various entities, including, among others, the agricultural industry and other organizations involved in promoting food access, to increase the amount of agricultural products available to underserved communities and schools in the state. Existing law requires the office to, among other things, identify urban and rural communities that lack access to healthy food, and to coordinate with local, state, and federal agencies to promote and increase awareness of programs that promote greater food access. Existing law creates the Farm to Fork Account in the Department of Food and Agriculture Fund that would consist of money made available from federal, state, industry, and other sources, and would continuously appropriate the money deposited in the account without regard to fiscal years to carry out the purposes of the Office of Farm to Fork. 99 Attachment A This bill would establish the Nutrition Incentive Matching Grant Program in the Office of Farm to Fork, and would create the Nutrition Incentive Matching Grant Account in the Farm to Fork Account to collect matching funds received from a specified federal grant program and funds from other public and private sources to provide grants under the Nutrition Incentive Matching Grant Program and to administer the Nutrition Incentive Matching Grant Program. The bill would require that moneys in the Nutrition Incentive Matching Grant Account be awarded in the form of grants to qualified entities, as defined, for consumer incentive programs, as defined, subject to an appropriation in the annual Budget Act and in accordance with certain priorities. The bill would require the Office of Farm to Fork to establish minimum standards, funding schedules, and procedures for awarding grants, as specified. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: line 1 SECTION 1. Chapter 13 (commencing with Section 49010) line 2 is added to Division 17 of the Food and Agricultural Code, to read: line 3 line 4 Chapter 13. Nutrition Incentive Matching Grant line 5 Program line 6 line 7 49010. This chapter shall be known, and may be cited, as the line 8 California Nutrition Incentives Act. line 9 49011. The Nutrition Incentive Matching Grant Program is line 10 hereby established in the Office of Farm to Fork for purposes of line 11 encouraging the purchase and consumption of California fresh line 12 fruits, nuts, and vegetables by directly linking California fresh line 13 fruit, nut, and vegetable producers with nutrition benefit clients. line 14 49012. For purposes of this article, the following definitions line 15 shall apply: line 16 (a)  “Nutrition benefit client” means a person who receives line 17 services or payments through any of the following: line 18 (1)  California Special Supplemental Food Program for Women, line 19 Infants, and Children, as described in Section 123280 of the Health line 20 and Safety Code. 99 — 2 —AB 1321 Attachment A line 1 (2)  CalWORKS program, as described in Chapter 2 line 2 (commencing with Section 11200) of Part 3 of Division 9 of the line 3 Welfare and Institutions Code. line 4 (3)  CalFresh, as described in Section 18900.2 of the Welfare line 5 and Institutions Code. line 6 (4)  Implementation of the federal WIC Farmers’ Market line 7 Nutrition Act of 1992 (Public Law 102-314). line 8 (5)  The Senior Farmers’ Market Nutrition Program, as described line 9 in Section 3007 of Title 7 of the United States Code. line 10 (6)  Supplemental Security Income or State Supplementary line 11 Payment, as described in Section 1381 et seq. of Title 42 of the line 12 United States Code. line 13 (b)  “Qualified entity,” for purposes of this article, means either line 14 of the following: line 15 (1)  A certified farmers’ market, as described in Section 47004, line 16 an association of certified producers, or a nonprofit organization line 17 representing a collective or association of certified producers that line 18 is authorized by the United States Department of Agriculture to line 19 accept federal Supplemental Nutrition Assistance Program (Chapter line 20 51 (commencing with Section 2011) of Title 7 of the United States line 21 Code) benefits from recipient purchasers at a farmers’ market. line 22 Certified producers shall be certified by the county agricultural line 23 commissioner pursuant to Section 47020. line 24 (2)  A small business, as defined in Section 14837 of the line 25 Government Code, that sells California grown fresh fruits, nuts, line 26 and vegetables and that is authorized to accept nutrition benefits line 27 from any of the programs listed in paragraphs (1) to (6), inclusive, line 28 of subdivision (a). line 29 (c)  “Consumer incentive program” means a program line 30 administered by a qualified entity that doubles the purchasing value line 31 of a nutrition benefit client’s benefits when the benefits are used line 32 to purchase California fresh fruits, nuts, and vegetables. line 33 49013. The Nutrition Incentive Matching Grant Account is line 34 hereby created in the Farm to Fork Account to collect matching line 35 funds from the federal Food Insecurity Nutrition Incentives Grant line 36 Program (7 U.S.C. Sec. 7517), and other public and private sources, line 37 to provide grants under the Nutrition Incentive Matching Grant line 38 Program and to administer the Nutrition Incentive Matching Grant line 39 Program in accordance with all of the following: 99 AB 1321— 3 — Attachment A line 1 (a)  Subject to the regulations adopted by the National Institute line 2 of Food and Agriculture in the United States Department of line 3 Agriculture in accordance with the federal Agricultural Act of line 4 2014 (Public Law 113-79) and an appropriation in the annual line 5 Budget Act, moneys in the Nutrition Incentive Matching Account line 6 shall be awarded in the form of grants to qualified entities for line 7 consumer incentive programs. line 8 (b)  (1)  The Office of Farm to Fork shall establish minimum line 9 standards, funding schedules, and procedures for awarding grants line 10 in consultation with the United States Department of Agriculture line 11 and other interested stakeholders, including, but not limited to, the line 12 State Department of Public Health, State Department of Social line 13 Services, organizations with expertise in nutrition benefit programs line 14 or consumer incentive programs, small business owners that may line 15 qualify as a qualified entity, and certified farmers’ market line 16 operators. line 17 (2)  The department shall not use more than one-third of the line 18 Nutrition Incentive Matching Grant Program funds for consumer line 19 incentive programs with entities described in paragraph (2) of line 20 subdivision (b) of Section 49012. line 21 (c)  Priority in the awarding of grants by the department to line 22 qualified entities shall be based on, but not limited to, the line 23 following: line 24 (1)  The degree of the existence of the following demographic line 25 conditions and the character of the communities in which sales of line 26 California grown fresh fruits, nuts, and vegetables are made to the line 27 public by authorized vendors operating in conjunction with a line 28 qualified entity: line 29 (A)  The number of people who are eligible for, or receiving, line 30 nutrition benefit program services. line 31 (B)  The prevalence of diabetes, obesity, and other diet-related line 32 illnesses. line 33 (C)  The availability of access to fresh fruits, nuts, and line 34 vegetables. line 35 (2)  Demonstrated efficiency in the administration of a consumer line 36 incentive program. line 37 (3)  The service of an area of population currently not being line 38 served by a consumer incentive program. O 99 — 4 —AB 1321 Attachment A AB 1321 California Nutrition Incentives Act Office of Assemblymember Philip Y. Ting | AB 1321 Fact Sheet 1 SUMMARY Diet is the foundation for good health, and despite our unparalleled agricultural bounty, at least 4 million Californians struggle with food insecurity. AB 1321 would increase access to healthy California grown produce by doubling the purchasing power of low- income Californians at farmers markets across the state. The 2014 federal Farm Bill set aside $100 million in grants for programs that increase fruit and vegetable purchases among low-income consumers participating in the Supplemental Nutrition Assistance Program (SNAP) by providing incentives at the point of purchase. This bill sets up a state framework to help draw down those federal grants for local nutrition incentive programs that alleviate poverty and food insecurity, maximize access to fresh healthy foods, and stimulate economic growth in both agricultural and urban communities. BACKGROUND The California Market Match program was launched in 2009 to encourage low-income families receiving nutrition benefits to purchase fresh, locally-grown fruits and vegetables at farmers’ markets. The program “matches” or doubles the amount of nutrition benefits these families can spend and has expanded operations to over 140 farmers’ markets across California and increased the spending power of 37,000 families. The program benefits low-income families and local farmers. Studies have demonstrated that Market Match increases redemption of CalFresh and other nutrition benefits at participating markets from 132% to 700%, and generates a six-fold return on investment in farmers’ market sales. As a result of Market Match, 69% of farmers report that they have new shoppers and 67% of farmers report that they earned more income. Strong demand for Market Match often outstrips available funding for the program. However, the 2014 federal Farm Bill included $100 million in grant funding for programs such as Market Match that incentivize healthier eating amongst SNAP recipients. In order to best position local programs to receive these federal grants, AB 1321 creates a state Nutrition Incentive Matching Grant Program to apply for federal funds and award them to local Market Match programs with a proven record of success. Establishing a state framework to oversee funding of Market Match programs would leverage state resources to streamline local program administration, and expand Market Match programs across a more equitable cross-section of communities that lack access to fresh produce. California is uniquely positioned to benefit from greater proliferation of programs such as Market Match. California grows over 400 commodities and produces nearly half of US-grown fruits, nuts and vegetables. We have approximately 700 certified Farmers’ Markets and 2,200 certified producers. We also have a large persistent poverty problem to solve. 24% of Californians live in poverty and we rank 50th in the rate of participation in SNAP. Scaling up Market Match programs would create an incentive for more families to utilize their SNAP benefits and ensure more Californians can afford to eat what we grow. THIS BILL AB 1321 would enact the California Nutrition Incentives Act, creating the Nutrition Incentive Matching Grant Program within the Office of Farm to Fork at the California Department of Food and Agriculture. The program would award grants to certified farmers’ markets that double the amount of nutrition benefits available to low-income consumers when purchasing California fresh fruits, nuts, and vegetables. The program would also allow up to one-third of grant funds to be awarded to small businesses that provide such matching nutrition incentives, in order to reach low-income Californians residing in food deserts with limited access to farmers’ markets. Grants would be prioritized in disadvantaged communities with a high prevalence of diabetes and obesity to ensure a focus on expanding access to fresh, healthy food. SUPPORT Ecology Center (co-sponsor) Latino Coalition for a Healthy California (co-sponsor) Public Health Institute (co-sponsor) Roots of Change (co-sponsor) American Heart Association American Stroke Association Ashland Cherryland Food Policy Council Building Healthy Communities: Long Beach California Alliance of Farmers’ Markets California Association of Food Banks California Certified Organic Farmers California Food Policy Advocates California Hunger Action Coalition California Rural Legal Assistance Foundation Attachment B AB 1321 California Nutrition Incentives Act Office of Assemblymember Philip Y. Ting | AB 1321 Fact Sheet 2 Center for Food Safety City of Santa Monica’s Farmers Market Program Coastside Farmers’ Markets Community Food and Justice Coalition CUESA Enrich LA Feeding America San Diego Food Chain Workers Alliance Hunger Action Los Angeles Hunger Advocacy Network Jewish Family Service of Los Angeles Los Angeles Community Action Network Los Angeles Food Policy Council Orange County Food Access Coalition Plumas-Sierra Community Food Council Prevention Institute Project Angel Food San Diego Hunger Coalition San Francisco Food Security Task Force San Francisco Urban Agriculture Alliance Santa Barbara Food Alliance SF-Marin Food Bank SPUR St. Anthony Foundation Strategic Alliance for Healthy Food & Activity Environments Sustainable Economic Enterprises of Los Angeles Sustainable Economies Law Center The Farmers Guild UC San Diego, Department of Pediatrics Center for Community Health United Way of Kern County Urban & Environment Policy Institute Volunteers of East Los Angeles Wellington Square Certified Farmers Market Western Center on Law & Poverty Women Organizing Resources, Knowledge & Services Yolo County Ag & Food Alliance STAFF CONTACT Office of Assemblymember Phil Ting Irene Ho (916) 319-2019 Attachment B