Pennsylvania HB 764: An Act 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.

Bill Text

PRINTER'S NO. 788
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 764
Session of
2025
INTRODUCED BY BURGOS, SCOTT, CEPHAS, DAVIDSON, MADDEN, FREEMAN,
KENYATTA, MAYES, GUZMAN, SAMUELSON, WAXMAN, WEBSTER, RABB,
SANCHEZ, MALAGARI, HILL-EVANS, GIRAL, HOWARD, NEILSON,
HANBIDGE, CEPEDA-FREYTIZ, ABNEY, FLEMING, BOROWSKI, PASHINSKI
AND KAZEEM, MARCH 3, 2025
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MARCH 3, 2025
AN ACT
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.
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 XI
FOOD SECURITY
Chapter
121. Fresh Food Financing Initiative
CHAPTER 121
FRESH FOOD FINANCING INITIATIVE
Sec.
12101. Scope of chapter.
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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
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
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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
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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.
§ 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 Pe