H0580B0554A00764 MSP:EJH 06/02/23 #90 A00764
AMENDMENTS TO HOUSE BILL NO. 580
Sponsor: REPRESENTATIVE PASHINSKI
Printer's No. 554
Amend Bill, page 1, lines 1 through 3, by striking out all of
said lines and inserting
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, providing for the Fresh Food Financing Initiative;
establishing the Fresh Food Financing Initiative Restricted
Account; and imposing duties on the Department of
Agriculture.
Amend Bill, page 1, lines 6 through 17; pages 2 through 6,
lines 1 through 30; page 7, lines 1 through 8; by striking out
all of said lines on said pages and inserting
Section 1. Title 3 of the Pennsylvania Consolidated Statutes
is amended by adding a part to read:
PART XI
FOOD SECURITY
Chapter
121. Fresh Food Financing Initiative
CHAPTER 121
FRESH FOOD FINANCING INITIATIVE
Sec.
12101. Scope of chapter.
12102. Purpose.
12103. Definitions.
12104. Establishment.
12105. Administration of program.
12106. Grant fund eligibility.
12107. Regulations.
12108. Grant money.
§ 12101. Scope of chapter.
This chapter relates to the Fresh Food Financing Initiative.
§ 12102. Purpose.
The purpose of this chapter is to strengthen local food
systems and increase market opportunities for Pennsylvania
farmers by providing grant money for:
(1) A State program designed to increase the
availability of fresh and nutritious food, known as the
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Pennsylvania Fresh Food Financing Initiative, that will
stimulate capital, job creation and economic vitality.
(2) Construction, rehabilitation or expansion of grocery
stores, farmers' markets or retail food establishments in
underserved and low-income or moderate-income communities in
this Commonwealth.
§ 12103. 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:
"Black, Indigenous and person of color communities" or "BIPOC
communities." Municipalities with:
(1) a Black, Indigenous and person of color population
of 50% or higher; or
(2) a Black, Indigenous and person of color population
greater than 700 people.
"Farmers' market." A building, structure or place owned,
leased or otherwise in possession by a person, municipal
corporation or public or private organization, used or intended
to be used by two or more farmers or an association of farmers
for the purpose of selling agricultural commodities directly to
consumers and which is physically located within this
Commonwealth.
"Food access organization." A nonprofit organization with
expertise in improving access to food in underserved
communities.
"Grocery store." A for-profit or not-for-profit self-service
retail establishment that primarily sells meat, seafood, fruits,
vegetables, dairy products, dry groceries, household products
and sundries.
"Low-income or moderate-income community." A census tract as
reported in the most recently completed Federal decennial census
published by the United States Census Bureau that has a poverty
rate of at least 20% or in which the median family income does
not exceed 80% of the greater of the Statewide or metropolitan
median family income.
"Program." The Pennsylvania Fresh Food Financing Initiative
established under section 12104 (relating to establishment).
"Regional anchor supermarket." A company that owns multiple
grocery stores within a given region.
"Retail food establishment." As defined under section 5702
(relating to definitions).
"Underserved community." A census tract determined to be an
area with low grocery store access by either the United States
Department of Agriculture as identified in the Food Access
Research Atlas or through a methodology that has been adopted
for use by another governmental entity or food access
organization.
"USDA-designated food desert." A census tract declared to be
a food desert by the United States Department of Agriculture's
Economic Research Service.
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§ 12104. Establishment.
The Pennsylvania Fresh Food Financing Initiative is
established.
§ 12105. Administration of program.
(a) Administration.--The program shall be administered by
the department. The department may collaborate with the
Department of Community and Economic Development to improve food
access in this Commonwealth.
(b) Program management.--The department shall develop and
establish program guidelines and eligibility criteria to meet
the needs of program applicants and the communities served.
(c) Program priority.--
(1) The program shall promote local agricultural
products by placing priority on projects producing,
aggregating, sourcing or selling Pennsylvania agricultural
commodities, including the department's Pennsylvania
Preferred® program, that :
(i) are located in, owned by or primarily serve
BIPOC communities. Eligibility for this prioritization
shall be determined by the Center for Rural
Pennsylvania's municipal data;
(ii) promote supplier diversity and, where possible,
increase business opportunities for businesses recognized
by the Department of General Services as verified as a
small diverse business or a small veteran business; or
(iii) are located in or serve a USDA-designated food
desert.
(2) For regional anchor supermarket projects, those with
matching funds under subsection (e) shall be prioritized.
(d) Project class.--The department shall make grants
available in the following classes:
(1) Regional anchor supermarkets.
(2) Grocery stores.
(3) Retail food establishments.
(e) Matching funds.--Grants in an amount not to exceed 15%
of the funding for any of the project classes established under
subsection (d) shall be awarded to qualifying applicants
selected to receive the awards for the purposes of capital
projects. Grants for capital projects must be matched by private
money in an amount equal to the State grant.
(f) Administrative or operational costs.--No more than 10%
of the funding under section 12108 (relating to grant money) may
be reserved for administrative and operational costs to manage
the program. Costs for personnel may be included as part of the
department's administrative or operational costs.
§ 12106. Grant fund eligibility.
(a) Eligible applicants.--A for-profit, nonprofit or
cooperative entity that meets the following criteria shall be
eligible to apply for a grant under the program:
(1) The primary business, measured as being greater than
or equal to 50% of the entity's previous year's annual
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revenue, is from the sale of staple and perishable food to
consumers or direct to retail settings.
(2) The entity operates and provides service in this
Commonwealth.
(3) The entity serves customers that live in a low-
income or moderate-income community.
(4) The entity provides access to affordable, high-
quality fresh produce, meat and dairy products and other
grocery items for low-to-moderate income shoppers.
(5) Eligible projects are supported by the community as
determined by the department using maps, data tools and other
forms of market research.
(b) Eligible uses.--An eligible use for grant money includes
any of the following:
(1) Equipment purchases that improve the availability
and quality of fresh produce, meat and dairy products and
other grocery items.
(2) Innovative food access technology that assists an
existing or new grocery store.
(3) Innovative food access technology that assists the
food access efforts of a retail food establishment.
(4) Innovative food access technology or delivery of
food to retail that assists the food access efforts of an
eligible applicant.
(c) Application review and approval.--The department shall
devise, award and administer grants to eligible applicants.
(d) Standards and requirements.--
(1) The department shall establish grant program
standards and requirements for a grant program under this
chapter and shall transmit notice of the grant program
standards and requirements to the Legislative Reference
Bureau for publication in the next available issue of the
Pennsylvania Bulletin.
(2) Grant program standards and requirements must do the
following:
(i) Establish eligibility standards for applicants.
(ii) Describe the objectives of the grant program,
which shall be consistent with this chapter.
(iii) Establish caps, limits and restrictions with
respect to grant amounts.
(iv) Establish an application process and timetable.
(v) Present the criteria under which grant
applications shall be evaluated by the department.
(vi) Establish a timetable within which the
department shall award or disapprove a completed grant
application.
(vii) Establish procedures by which the department
shall verify expenditures of grant money by a grant
recipient.
(e) Limitation on grants.--
(1) Grants may only be awarded to the extent money is
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appropriated by the General Assembly.
(2) The secretary may approve a grant in less than a
requested amount. The secretary may also impose restrictions
or special conditions upon the issuance of a grant.
(f) Disposition of grants.--
(1) The department may require a written agreement
describing the terms and conditions of the grant.
(2) The department may establish criteria under which
the secretary may demand the return of all or a portion of
the grant money.
§ 12107. Regulations.
The department may promulgate rules and regulations to
administer and enforce this chapter.
§ 12108. Grant money.
(a) Establishment of account.--The Fresh Food Financing
Initiative Restricted Account is established in the General Fund
and shall be used exclusively for the program in accordance with
this chapter. The 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 State 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
restricted account.
Section 2. This act shall take effect in 60 days.
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