Section § 49020

Explanation

This law establishes the Local, Equitable Access to Food (LEAF) Program, focused on expanding the use of EBT (Electronic Benefit Transfer) systems at farmers' markets in California. Once funding is provided, the Department of Food and Agriculture will start a grant program with the help of the State Department of Social Services.

Farmers' markets, especially those run by local governments, certified producers, or nonprofits, can apply for grants to upgrade their EBT capabilities. This includes creating new markets in underserved areas, hiring staff, and technical assistance. Markets can't charge vendors for using EBT and must report transaction details monthly.

Nonprofits can also receive grants to help markets implement EBT systems and educate the public. Funds must be used wisely, with no more than 5% going towards administrative costs.

(a)CA Food and Agriculture Code § 49020(a) This chapter shall be known, and may be cited as, the Local, Equitable Access to Food (LEAF) Program.
(b)CA Food and Agriculture Code § 49020(b) Upon an appropriation by the Legislature for these purposes, the Department of Food and Agriculture, with support from the State Department of Social Services, shall establish a grant program designed to expand the use of EBT acceptance systems at California certified farmers’ markets or tribe-operated farmer’s markets on Indian reservations.
(c)CA Food and Agriculture Code § 49020(c) The grant program described in subdivision (b) shall include both of the following:
(1)CA Food and Agriculture Code § 49020(c)(1) Grants to certified farmers’ market operators or farmers’ markets operated by tribal governments on Indian reservations to expand the use of EBT acceptance systems at farmers’ markets.
(A)CA Food and Agriculture Code § 49020(c)(1)(A) A certified farmers’ market shall only be eligible for a grant pursuant to this paragraph if the certified farmers’ market operator is a local government, a certified producer, or a nonprofit organization.
(B)CA Food and Agriculture Code § 49020(c)(1)(B) A certified farmers’ market may use grant funds received pursuant to this paragraph for any activities relating to expanding the use of EBT acceptance systems at farmers’ markets, which may include, but is not limited to, any of the following:
(i)CA Food and Agriculture Code § 49020(c)(1)(B)(i) Scaling and improving EBT processes at existing certified farmers’ markets.
(ii)CA Food and Agriculture Code § 49020(c)(1)(B)(ii) Establishing new certified farmers’ markets that accept payment via EBT cards, primarily in underserved communities, including, but not limited to, those in food deserts or with high CalFresh participation.
(iii)CA Food and Agriculture Code § 49020(c)(1)(B)(iii) Operational services, which may include, but is not limited to, the hiring of individuals to operate the EBT acceptance systems and programs that expand the purchasing power of customers using CalFresh benefits at farmers’ markets. A certified farmers’ market may use grant funds to contract with a third party to operate an EBT acceptance system only if the third party is a nonprofit organization that is incorporated in California.
(iv)CA Food and Agriculture Code § 49020(c)(1)(B)(iv) Technical assistance, which may include, but is not limited to, employing a third party nonprofit organization to provide any back-end assistance required to help make a certified farmers’ market a successful and effective EBT retailer.
(v)CA Food and Agriculture Code § 49020(c)(1)(B)(v) Educational and outreach activities promoting the ability to use EBT cards at certified farmers’ markets.
(C)CA Food and Agriculture Code § 49020(c)(1)(C) If a certified farmers’ market uses grant funds to hire an individual, or to contract with a third party, to operate an EBT acceptance system, all of the following shall apply:
(i)CA Food and Agriculture Code § 49020(c)(1)(C)(i) The person operating the EBT acceptance system shall be available at all times the certified farmers’ market is open to the public.
(ii)CA Food and Agriculture Code § 49020(c)(1)(C)(ii) Vendors at the farmers’ market shall not be charged a fee for the operation of an EBT acceptance system.
(iii)CA Food and Agriculture Code § 49020(c)(1)(C)(iii) Vendors shall be reimbursed in full for purchases made using an EBT acceptance system at least once per month.
(iv)CA Food and Agriculture Code § 49020(c)(1)(C)(iv) The person operating the EBT acceptance system shall be located in a central and highly visible area of the farmers’ market.
(v)CA Food and Agriculture Code § 49020(c)(1)(C)(v) The person operating the EBT acceptance system shall provide a monthly report to the department with the number of EBT transactions, the amount of CalFresh benefits distributed, and the amount of CalFresh benefits redeemed for each day that the farmers’ market operates.
(D)CA Food and Agriculture Code § 49020(c)(1)(D) A certified farmers’ market that receives a grant pursuant to this paragraph shall annually submit a report to the department documenting the use of grant funds and demonstrating that grant funds were used to expand the use of EBT acceptance systems at the farmers’ market.
(2)CA Food and Agriculture Code § 49020(c)(2) Grants to nonprofit organizations to provide technical assistance to certified farmers’ markets on the implementation of high-quality EBT acceptance systems.
(A)CA Food and Agriculture Code § 49020(c)(2)(A) A nonprofit organization shall only be eligible for a grant pursuant to this paragraph if it is incorporated in California.
(B)CA Food and Agriculture Code § 49020(c)(2)(B) The Department of Food and Agriculture shall issue a request for proposals and shall award a grant to one nonprofit organization for each region. The department may award grants for multiple regions to the same nonprofit organization. In selecting grant recipients, the department shall consider demonstrated expertise, capacity, and geographic proximity to certified farmers’ markets.
(C)CA Food and Agriculture Code § 49020(c)(2)(C) Nonprofit organizations that receive a grant pursuant to this paragraph may use grant funds to assist certified farmers’ markets in becoming authorized retailers under the CalFresh program, to request free point-of-sale terminals for certified farmers’ markets, and to advise certified farmers’ markets on best practices, including, but not limited to, practices that may help expand the purchasing power of CalFresh benefits at certified farmers’ markets, help to procure market scrip, and acquiring appropriate signage.
(D)CA Food and Agriculture Code § 49020(c)(2)(D) Nonprofit organizations that receive a grant pursuant to this paragraph shall use grant funds to create materials that explain the EBT transaction process and shall translate those materials into every language spoken by at least 2 percent of the state’s residents.
(d)CA Food and Agriculture Code § 49020(d) Of any appropriation made for the purposes of this chapter, the Department of Food and Agriculture and the State Department of Social Services shall not use more than 5 percent for administrative costs associated with the LEAF program.

Section § 49021

Explanation

This section mandates that nine months after issuing enough grants, the California Department of Food and Agriculture must report to legislative committees. This report should cover several key points: the number of grants given, the average grant amounts, and the locations of grantees. It should also detail how many grantees are in food deserts and provide data on various metrics like CalFresh benefit spending before and after the grants, and changes in EBT use due to outreach efforts.

Nine months after the Department of Food and Agriculture has issued sufficient grants to evaluate the program established pursuant to this chapter, the department shall submit a report to all appropriate legislative committees. The report shall include, at a minimum, all of the following:
(a)CA Food and Agriculture Code § 49021(a) The number of grants issued pursuant to paragraphs (1) and (2) of subdivision (c) of Section 49020.
(b)CA Food and Agriculture Code § 49021(b) The average amount of grant funds awarded.
(c)CA Food and Agriculture Code § 49021(c) Geographical information for grantees.
(d)CA Food and Agriculture Code § 49021(d) The number of grantees located in a food desert, as defined in Section 49015.
(e)CA Food and Agriculture Code § 49021(e) Data for the 12 months prior to the grant’s implementation, if available, and annually thereafter for all of the following metrics:
(1)CA Food and Agriculture Code § 49021(e)(1) The total benefit dollars spent by CalFresh participants per market.
(2)CA Food and Agriculture Code § 49021(e)(2) The average total benefit dollars spent at markets in food deserts and in areas with high CalFresh participation.
(3)CA Food and Agriculture Code § 49021(e)(3) An estimate of the change in EBT use relative to the marketing and outreach efforts of grantees.