A04857
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2357
Session of
2024
INTRODUCED BY PASHINSKI, KINSEY, HOHENSTEIN, HILL-EVANS, GIRAL,
SCHLOSSBERG, BURGOS, SANCHEZ, MERSKI, PARKER, KINKEAD, MAYES,
KENYATTA, HARKINS, GUENST, KHAN, CONKLIN, CEPEDA-FREYTIZ AND
SHUSTERMAN, MAY 30, 2024
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MAY 30, 2024
AN ACT
Amending Title 3 (Agriculture) Titles 3 (Agriculture) and 67
(Public Welfare) of the Pennsylvania Consolidated Statutes,
establishing the Pennsylvania Food Bucks Program and the
Pennsylvania Food Bucks Program Account; and providing for
the Supplemental Nutrition Assistance Program; making an
appropriation.; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 3 of the Pennsylvania Consolidated Statutes
is amended by adding a chapter to read:
CHAPTER 110
PENNSYLVANIA FOOD BUCKS PROGRAM
Sec.
11001. Scope of chapter.
11002. Declaration of purpose.
11003. Definitions.
11004. Establishment of program.
11005. Administration of program.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
11006. Establishment of account.
11007. Use of available money for program.
11008. Regulations.
§ 11001. Scope of chapter.
This chapter relates to the Pennsylvania Food Bucks Program.
§ 11002. Declaration of purpose.
The General Assembly finds and declares that the purpose of
this chapter is to establish the Pennsylvania Food Bucks Program
as a benefit incentive program for eligible Supplemental
Nutrition Assistance Program (SNAP) recipients to purchase
eligible fruits and vegetables at eligible food retailers.
§ 11003. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Account." The Pennsylvania Food Bucks Program Account
established under section 11006(a) (relating to establishment of
account).
"Benefit incentive." The financial or benefit reward for a
SNAP recipient when the SNAP recipient purchases an eligible
fruit or vegetable at an eligible food retailer as determined by
the grantee.
"Eligible food retailer." A SNAP-authorized site or food
vendor. The term may include a farmer's market, corner store,
grocery store or supermarket that redeems SNAP benefits. vendor
that maintains compliance with applicable SNAP program
requirements, including Federal law or other Federal
requirements and State requirements, including the act of June
13, 1967 (P.L.31, No.21), known as the Human Services Code, and
67 Pa.C.S. Ch. 33 (relating to Supplemental Nutrition Assistance
A04857 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Program). The term may include a farmer's market, corner store,
grocery store or supermarket that redeems SNAP benefits.
"Eligible fruit or vegetable." A fruit or vegetable that
meets the criteria specified in the definition of "food" in 7
U.S.C. § 2012(k) (relating to definitions). The term may include
a fruit or vegetable whether fresh, canned, dried or frozen
whole or cut without added sugars, fats, oils or salt.
"Grantee." A Pennsylvania nonprofit organization that
qualifies for an exemption from taxation under 26 U.S.C. §
501(c)(3) (relating to exemption from tax on corporations,
certain trusts, etc.) selected by the department to administer
the program under section 11005(b) (relating to administration
of program).
"Program." The Pennsylvania Food Bucks Program established
under section 11004 (relating to establishment of program).
"SNAP." The Supplemental Nutrition Assistance Program
established under 7 U.S.C. Ch. 51 (relating to Supplemental
Nutrition Assistance Program) . and subject to State
requirements, including the Human Services Code and 67 Pa.C.S.
Ch. 33.
"SNAP recipient." An individual who is eligible to receive
benefits under the SNAP program under the applicable SNAP
program requirements, including Federal law or other Federal
requirements and State requirements, including the Human
Services Code and 67 Pa.C.S. Ch. 33.
§ 11004. Establishment of program.
The Pennsylvania Food Bucks Program is established within the
department.
§ 11005. Administration of program.
(a) Administration.--The grantee selected by the department
A04857 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
under subsection (b) shall administer the program for a period
of no less than two years.
(b) Selection of grantee.--The department shall develop
eligibility criteria and an application process to select a
grantee, who shall meet all of the following criteria:
(1) Has demonstrated success in administering healthy
food incentive programming.
(2) Is able to apply for a Federal large-scale project
grant under the Agriculture Improvement Act of 2018 (Public
Law 115-334, 132 Stat. 4490) through the Gus Schumacher
Nutrition Incentive Program.
(c) Program guidelines.--The grantee, in conjunction with
the department, shall develop and establish program standards
and incentive criteria for the program, including all of the
following requirements:
(1) The mechanism for delivering benefit incentives
under the program shall be determined by the grantee in
consultation with eligible food retailers.
(2) The grantee shall provide a benefit incentive of no
less than 40¢ to a SNAP recipient for every $1 of SNAP
benefits redeemed by the SNAP recipient on eligible fruits or
vegetables at eligible food retailers.
(3) The guidelines may not violate any applicable SNAP
program requirements, including Federal law or other Federal
requirements and State requirements, including the act of
June 13, 1967 (P.L.31, No.21), known as the Human Services
Code, and 67 Pa.C.S. Ch. 33 (relating to Supplemental
Nutrition Assistance Program).
(d) Program evaluation.--The grantee shall evaluate the
program on a biennial basis and post a report with the findings
A04857 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
of the evaluation on a publicly accessible Internet website and
submit the report to the department and the General Assembly.
The grantee shall include all of the following information in
the report:
(1) The amount of money used for benefit incentives.
(2) The geographic distribution and amount of money
dispersed at the county level.
(3) A list of each participating eligible food retailer.
§ 11006. Establishment of account.
(a) Establishment of account.--The Pennsylvania Food Bucks
Program Account is established as a restricted account in the
General Fund and shall be used exclusively for the program in
accordance with this chapter. Money in the account is
appropriated on a continuing basis to the department for the
purposes of this chapter.
(b) Supplements to account.--In addition to money
appropriated to the department for the program, the department
may also accept gifts, donations, legacies and other revenues,
including Federal appropriations, for deposit into the account.
§ 11007. Use of available money for program.
The grantee shall use money available for the program for the
following purposes:
(1) Distributing money to partner organizations or
directly to SNAP recipients for purchasing eligible fruits or
vegetables at eligible food retailers.
(2) Implementing and evaluating the program. The grantee
may only use 40% of the available money for the program in a
fiscal year for the purpose specified under this paragraph.
(3) Matching contributions for additional Federal, local
or private sources, including money or in-kind contributions.
A04857 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
§ 11008. Regulations.
The department may promulgate regulations to implement this
chapter.
Section 2. Part II heading of Title 67 is amended to read:
PART II. MEDICAL ASSISTANCE AND OTHER ASSISTANCE
Section 3. Part II of Title 67 is amended by adding a
subchapter heading immediately preceding Chapter 7 to read:
SUBPART A
GENERAL PROVISIONS
Section 4. Part II of Title 67 is amended by adding a
subchapter heading immediately preceding Chapter 11 to read:
SUBPART B
MEDICAL ASSISTANCE
Section 5. Part II of Title 67 is amended by adding a
subpart to read:
SUBPART C
ASSISTANCE OTHER THAN MEDICAL ASSISTANCE
Chapter
33. S upplemental Nutrition Assistance Program
CHAPTER 33
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Sec.
3301. Scope of chapter.
3302. Definitions.
3303. Administration of SNAP.
§ 3301. Scope of chapter.
This chapter relates to the administration of the
Supplemental Nutrition Assistance Program in this Commonwealth.
§ 3302. Definitions.
"SNAP." The Supplemental Nutrition Assistance Program
A04857 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
established under 7 U.S.C. Ch. 51 (relating to Supplemental
Nutrition Assistance Program) and administered by the Department
of Human Services.
§ 3303. Administration of SNAP.
In addition to duties under the act of June 13, 1967 (P.L.31,
No.21), known as the Human Services Code, the department shall:
(1) (i) Request a waiver to the Commonwealth's plan of
operation under 7 CFR Subt. B Ch. II Subch. C (relating
to Supplemental Nutrition Assistance and Food
Distribution Program) to authorize the department to
place a limit on the amount of federally funded SNAP
benefits that may be accumulated in a recipient's
account. Subject to Federal approval, the department
shall limit the amount of federally funded benefits that
may be accumulated by a recipient to no more than 12
months of the recipient's allotment and shall recover any
money over the limit amount.
(ii) Place a limit on the amount of benefits under 3
Pa.C.S. Ch. 110 (relating to Pennsylvania Food Bucks
Program) that may be accumulated in a recipient's
account. The department shall limit the amount of
federally funded benefits that may be accumulated by a
recipient to no more than three months of the recipient's
allotment under 3 Pa.C.S. Ch. 110 and shall recover any
money over the limit amount.
(2) (Reserved).
Section 2 6. This act shall take effect in 120 days.
A04857 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27