Senate File 2307 - Introduced SENATE FILE 2307 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 3138) A BILL FOR An Act relating to providing food to persons in need, including 1 the donation of food to be distributed by food banks and 2 emergency feeding organizations, the establishment of 3 prison gardens, providing for appropriations, and including 4 effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5669SV (3) 86 da/nh

S.F. 2307 DIVISION I 1 FOOD DONATION ON STATE CAPITOL PREMISES 2 Section 1. NEW SECTION . 2.43A Food served on state capitol 3 premises. 4 1. As used in this section, unless the context otherwise 5 requires: 6 a. “Apparently wholesome food” means food that meets all 7 quality and labeling standards or requirements adopted by the 8 federal and state governments, and the city of Des Moines, 9 even though the food may not be readily marketable due to 10 appearance, age, freshness, grade, size, surplus, or other 11 conditions. 12 b. “Emergency feeding organization” means the same as 13 defined in section 190B.201. 14 c. “Food bank” means the same as defined in section 15 190B.201. 16 2. The secretary of the senate and the chief clerk of 17 the house of representatives shall require any person who 18 is approved to sponsor an event within or on the grounds of 19 the state capitol during which the person offers food to all 20 members of the general assembly during a legislative session 21 to offer to donate any unconsumed apparently wholesome food 22 to a food bank or an emergency feeding organization. The 23 legislative council may also require any person who is approved 24 by the legislative council to sponsor an event within or on the 25 grounds of the state capitol during which the person provides 26 food to offer to donate any unconsumed apparently wholesome 27 food to a food bank or emergency feeding organization. 28 DIVISION II 29 FOOD DONATION PROGRAMS —— DEPARTMENT OF AGRICULTURE AND LAND 30 STEWARDSHIP 31 Sec. 2. Section 190B.101, Code 2016, is amended to read as 32 follows: 33 190B.101 Definitions. 34 As used in this chapter subchapter , unless the context 35 -1- LSB 5669SV (3) 86 da/nh 1/ 8

S.F. 2307 otherwise requires: 1 1. “Department” means the department of revenue. 2 2. “Tax credit” means the from farm to food donation tax 3 credit as established in this chapter subchapter . 4 Sec. 3. NEW SECTION . 190B.201 Definitions. 5 As used in this subchapter, unless the context otherwise 6 requires: 7 1. “Department” means the department of agriculture and land 8 stewardship. 9 2. “Eligible agricultural product” or “product” means any 10 commodity that is derived from an agricultural animal or crop, 11 both as defined in section 717A.1, which is intended for human 12 consumption as food in its raw or processed state. 13 3. “Emergency feeding organization” means an emergency 14 feeding organization as defined in section 7 U.S.C. §7501 that 15 serves Iowans and operates at a congregate nutritional site. 16 4. “Food” means a substance which is used in whole or in 17 part for human consumption in compliance with federal and state 18 standards or requirements, including a donated food that meets 19 the requirements of the federal emergency food assistance 20 program, as provided in 7 C.F.R. pts. 250 and 251. 21 5. “Food bank” means a private nonprofit entity that serves 22 Iowans and meets all of the following requirements: 23 a. The food bank is organized under chapter 504. 24 b. The food bank qualifies under section 501(c)(3) of the 25 Internal Revenue Code as an organization exempt from federal 26 income tax under section 501(a) of the Internal Revenue Code. 27 c. The food bank maintains an established operation 28 involving the provision of food or edible commodities or the 29 products thereof on a regular basis to persons in need or to 30 food pantries, soup kitchens, hunger relief centers, or other 31 food or feeding centers that, as an integral part of their 32 normal activities, provide meals or food on a regular basis to 33 persons in need. 34 6. “Iowa food bank association” or “association” means 35 -2- LSB 5669SV (3) 86 da/nh 2/ 8

S.F. 2307 a private nonprofit entity that meets all of the following 1 requirements: 2 a. The association is organized under chapter 504. 3 b. The association qualifies under section 501(c)(3) of the 4 Internal Revenue Code as an organization exempt from federal 5 income tax under section 501(a) of the Internal Revenue Code. 6 c. The association’s members include food banks, or 7 affiliations of food banks, that together serve all counties 8 in this state. 9 d. The association’s principal office is located in this 10 state. 11 Sec. 4. NEW SECTION . 190B.202 Administration —— use of 12 moneys and oversight. 13 1. This subchapter shall be administered by the department 14 of agriculture and land stewardship. In adopting rules 15 and administering the Iowa agricultural products clearance 16 program established under section 190B.204, the department 17 shall cooperate with the department of human services and the 18 department of inspections and appeals. 19 2. A program established in this subchapter shall be managed 20 by an Iowa food bank association selected by the department. 21 The association shall report to the department as required by 22 the department. 23 3. A program established in this subchapter shall be carried 24 out only to the extent that moneys are available to support 25 the program. The department may support a program from moneys 26 appropriated by the general assembly to fund the program’s 27 purpose and any other moneys available to and obtained or 28 accepted by the department from the federal government or 29 private sources. 30 Sec. 5. NEW SECTION . 190B.203 Management of programs —— 31 Iowa food bank association. 32 1. The department shall enter into a contract with an Iowa 33 food bank association to manage programs established under this 34 subchapter. 35 -3- LSB 5669SV (3) 86 da/nh 3/ 8

S.F. 2307 2. In managing a program, the association shall do all of 1 the following: 2 a. Acquire eligible agricultural products, including by 3 purchase. 4 b. Arrange for the processing and packaging of eligible 5 agricultural products into food, when such processing is 6 necessary to comply with federal and state food safety 7 regulations. 8 c. Provide for the storage and transportation of eligible 9 agricultural products. 10 d. Provide for the distribution of eligible agricultural 11 products. 12 3. In managing a program, the association shall to every 13 extent feasible create and expand significant economic benefits 14 in local communities. The association shall purchase products 15 and services from individuals and businesses located in this 16 state whenever the price is reasonably competitive and the 17 quality as intended. 18 Sec. 6. NEW SECTION . 190B.204 Iowa agricultural products 19 clearance program —— establishment and purpose. 20 1. The department shall establish an Iowa agricultural 21 products clearance program to be managed by an Iowa food bank 22 association selected by the department as provided in section 23 190B.203. 24 2. The purpose of the program is to acquire surplus 25 eligible agricultural products from agricultural producers and 26 other persons in order to prevent unnecessary waste, reduce 27 economic losses associated with paying for the processing 28 and transportation of such products that otherwise do not 29 have profitable markets, and to provide nutritional food to 30 low-income families and individuals who reside in this state 31 and to unemployed families and individuals who reside in this 32 state. 33 3. The Iowa food bank association managing the program 34 shall only distribute eligible agricultural products under the 35 -4- LSB 5669SV (3) 86 da/nh 4/ 8

S.F. 2307 program to Iowa food banks in this state and emergency feeding 1 organizations in this state. 2 Sec. 7. NEW SECTION . 190B.205 Iowa emergency food purchase 3 program —— establishment and purpose. 4 1. The department shall establish an Iowa emergency food 5 purchase program to be managed by an Iowa food bank association 6 selected by the department as provided in section 190B.203. 7 2. The purpose of the program is to relieve situations of 8 emergency experienced by families or individuals who reside in 9 this state, including low-income families and individuals and 10 unemployed families and individuals, by distributing food to 11 those persons. 12 3. The Iowa food bank association managing the program shall 13 only distribute food under the program to emergency feeding 14 organizations in this state. 15 Sec. 8. FOOD DONATION PROGRAMS. 16 1. There is appropriated from the general fund of the state 17 to the department of agriculture and land stewardship for the 18 fiscal year beginning July 1, 2015, and ending June 30, 2016, 19 the following amounts, or so much thereof as is necessary, to 20 be used for the purposes designated: 21 a. For purposes of supporting the Iowa agricultural 22 products clearance program provided in chapter 190B, subchapter 23 II, as enacted in this Act: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600,000 25 (1) Of the amount appropriated in this paragraph “a”, up to 26 $500,000 shall be allocated for purposes of purchasing eligible 27 agricultural products for use as food, processing eligible 28 agricultural products into food, and packaging such processed 29 eligible agricultural products. 30 (2) Of the amount appropriated in this paragraph “a”, up to 31 $100,000 shall be allocated for purposes of providing for the 32 storage and transportation of eligible agricultural products. 33 b. (1) For purposes of supporting the Iowa emergency food 34 purchase program provided in chapter 190B, subchapter II, as 35 -5- LSB 5669SV (3) 86 da/nh 5/ 8

S.F. 2307 enacted in this Act: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 2 (2) The moneys appropriated in this paragraph “b” shall be 3 allocated to support the Iowa emergency food purchase program 4 only to the extent that the allocated moneys are matched on a 5 dollar-for-dollar basis. 6 2. Notwithstanding section 8.33, moneys appropriated in 7 subsection 1 that remain unencumbered or unobligated at the 8 close of the fiscal year shall not revert but shall remain 9 available for expenditure for the purposes designated until the 10 close of the fiscal year beginning July 1, 2017. 11 Sec. 9. EFFECTIVE UPON ENACTMENT. This division of this 12 Act, being deemed of immediate importance, takes effect upon 13 enactment. 14 DIVISION III 15 DEPARTMENT OF CORRECTIONS —— GARDENING PROGRAM 16 Sec. 10. NEW SECTION . 904.302A Gardening program. 17 1. The director shall establish a gardening program for 18 growing and harvesting produce, including edible vegetables, 19 at each correctional facility operated by the department, to 20 the extent that the director determines that security and space 21 requirements allow for the garden’s creation and operation. 22 The director may appoint the farm operations administrator to 23 oversee the program. A garden established pursuant to the 24 program shall be tended by inmates of the correctional facility 25 as determined by the director. The produce harvested from 26 the garden may be used to feed the correctional facility’s 27 population or may be donated to a food bank as defined in 28 section 190B.201 designated by the director. The food bank 29 must be located in proximity to the correctional facility where 30 the garden is situated. Any excess produce that is not used 31 to feed the correctional facility’s inmate population shall be 32 donated to the designated food bank. 33 2. a. This section does not authorize the department or an 34 inmate of a correctional facility to claim a from farm to food 35 -6- LSB 5669SV (3) 86 da/nh 6/ 8

S.F. 2307 donation tax credit as established in chapter 190B, subchapter 1 I. 2 b. This section does not apply to a garden operated by Iowa 3 state industries as defined in section 904.802. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 GENERAL. This bill provides for the distribution of raw 8 and processed food to two types of nonprofit organizations: 9 food banks and emergency feeding organizations, both of which 10 are involved in distributing food to low-income families and 11 individuals and unemployed families and individuals in this 12 state. The bill provides for the donation of food by sponsors 13 of legislative events conducted on the premises of the state 14 capitol; the establishment of three distribution programs, two 15 within the department of agriculture and land stewardship, with 16 accompanying appropriations, and one within the Iowa department 17 of corrections. 18 FOOD SERVED ON STATE CAPITOL PREMISES. The bill provides 19 that, during a legislative session, a sponsor conducting 20 an event within or on the grounds of the state capitol to 21 which all legislative members are invited must offer to 22 donate apparently wholesome food to a food bank or emergency 23 feeding organization under the direction of the secretary of 24 the senate or chief clerk of the house of representatives. 25 The legislative council may also require that a legislative 26 council-approved sponsor of an event located on the same 27 premises offer to donate apparently wholesome food to a food 28 bank or emergency feeding organization. 29 PROGRAMS AND APPROPRIATIONS. An Iowa food bank association, 30 which is a private nonprofit entity with its principal office 31 located in this state and comprised of food bank members, is 32 to manage two programs under a contract entered into with 33 the department of agriculture and land stewardship. The 34 programs allow the association to purchase or otherwise 35 -7- LSB 5669SV (3) 86 da/nh 7/ 8

S.F. 2307 acquire: eligible agricultural products which include both (1) 1 agricultural commodities that can be consumed in a raw state 2 and (2) agricultural commodities that can be processed into 3 food. The programs also provide for the packaging, storing, 4 and transporting of eligible agricultural products to nonprofit 5 organizations for distribution. The Iowa agricultural products 6 clearance program is established to distribute eligible 7 agricultural products to both food banks and emergency feeding 8 organizations. The Iowa emergency food purchase program is 9 established to distribute food to food banks and emergency 10 feeding organizations. The bill appropriates moneys from the 11 general fund for the fiscal year 2015-2016 to the department to 12 support administration of the two programs. 13 A prison gardening program is to be established by the 14 director of the Iowa department of corrections. Under this 15 program, the director is to establish gardens subject to 16 security and space requirements at each correctional facility. 17 Any garden produce must be either consumed within the prison or 18 donated to a food bank. 19 -8- LSB 5669SV (3) 86 da/nh 8/ 8