PRINTER'S NO. 1825
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1285
Session of
2024
INTRODUCED BY LANGERHOLC, BARTOLOTTA AND HAYWOOD, JULY 12, 2024
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, JULY 12, 2024
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, providing for initiative to finance production of
fresh food.
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 part to read:
PART XXI
FOOD SECURITY
Chapter
121. Fresh Food Financing Initiative
CHAPTER 121
FRESH FOOD FINANCING INITIATIVE
Sec.
12101. Scope of chapter.
12102. Definitions.
12103. Establishment.
12104. Administration of program.
12105. Grant fund eligibility.
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12106. Grant money.
§ 12101. Scope of chapter.
This chapter relates to the Fresh Food Financing Initiative.
§ 12102. 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:
"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.
"Grant." A grant awarded under section 12104(e) (relating to
administration of program).
"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.
"Program." The Pennsylvania Fresh Food Financing Initiative
established under section 12103 (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
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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, food access organization
or the secretary.
"USDA-designated food desert." A census tract declared to be
a food desert by the United States Department of Agriculture's
Economic Research Service.
§ 12103. Establishment.
The Pennsylvania Fresh Food Financing Initiative is
established within the department.
§ 12104. 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 or serve a USDA-designated food
desert;
(ii) increase business opportunities for businesses
recognized by the Department of General Services as
verified as a small diverse business or a small veteran
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business; or
(iii) are accompanied with matching private funds.
(2) (Reserved).
(d) Project class.--The department shall make grants
available in the following classes:
(1) Regional anchor supermarkets.
(2) Grocery stores.
(3) Retail food establishments.
(4) Farmers markets.
(e) Grants.--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.
(f) Matching funds.--A grant awarded to a regional anchor
supermarket under the program must be matched by private funds
in an amount equal to the grant.
(g) Administrative or operational costs.--No more than 10%
of the funding under section 12106 (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.
§ 12105. Grant fund eligibility.
(a) Eligible applicants.--An 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
revenue, is from the sale of staple and perishable food to
consumers or direct to retail settings.
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(2) The entity operates and provides service in this
Commonwealth.
(3) The entity serves customers that live in an
underserved community.
(4) The entity provides access to affordable, high-
quality fresh produce, meat and dairy products and other
grocery items for shoppers in an underserved community.
(b) Eligible uses.--An eligible use for grant money includes
any of the following:
(1) Costs to expand access to Pennsylvania grown or
processed produce, dairy and meat products or provide stable
market access for Pennsylvania farmers.
(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 shall:
(i) Establish eligibility standards for applicants.
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(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) 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.
(3) 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.
(4) The secretary shall ensure that the grant money
awarded under this chapter is geographically disbursed
throughout this Commonwealth.
§ 12106. Grant money.
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. Grants may only
be awarded to the extent money is appropriated by the General
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Assembly. In addition to money appropriated to the department
for the program, the department may also accept other revenue,
including Federal appropriations, for deposit into the
restricted account for the sole purpose of awarding grants and
administering the program.
Section 2. This act shall take effect immediately.
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