HF 2140 (LSB 5668YH (5) 90)

HOUSE FILE 2140

BY  BAGNIEWSKI, LEVIN, BUCK, CROKEN, WILSON, FORBES, JUDGE, SCHEETZ, CAHILL, NIELSEN, STECKMAN, AMOS JR., ZABNER, KURTH, BAETH, STAED, MADISON, MATSON, GAINES, ABDUL-SAMAD, KRESSIG, BROWN-POWERS, TUREK, WILBURN, WESSEL-KROESCHELL, ISENHART, COOLING, SCHOLTEN, SRINIVAS, EHLERT, B. MEYER, JACOBY, JAMES, OLSON, GJERDE, and KONFRST

(COMPANION TO SF 2039 BY TRONE GARRIOTT)

A BILL FOR

An Act relating to the federal summer electronic benefits transfer for children program, making an appropriation, and including effective date and retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  FINDINGS.  The general assembly finds all of the following:
   1.  The Iowa general assembly, in conjunction with state agencies, has a duty to ensure Iowa children have access to food and essential nutrition regardless of income level.
   2.  Summer can be a time of increased hunger for children who no longer have access to regular school lunches.
   3.  Iowa is currently experiencing a food insecurity crisis as food banks and other charitable organizations continue to report record high demand from Iowans in need.
   4.  There are an estimated two hundred forty thousand children in Iowa who would be eligible to receive benefits under the summer electronic benefits transfer (EBT) for children program, as established as a permanent program under the federal Consolidated Appropriations Act, 2023, 42 U.S.C. §1762.
   5.  When Iowans are struggling financially, they are more likely to buy less expensive foods, which are high in calories and low in nutritional value.
   6.  Summer congregate and noncongregate meals are not always easily accessible to families in need, particularly in rural Iowa.
   7.  The summer EBT for children program offered by the federal government would provide an estimated twenty-nine million dollars to address the food insecurity crisis, which not only feeds children but stimulates local economic activity.
   8.  Iowa ended fiscal year 2022-2023 with a general fund balance of one billion eight hundred thirty-one million dollars. Iowa can afford to feed hungry children and cover the costs of administering the summer EBT for children program. 
    Sec. 2.  PARTICIPATION IN SUMMER ELECTRONIC BENEFITS TRANSFER (EBT) FOR CHILDREN PROGRAM —— APPROPRIATION.
   1.  The department of health and human services, in coordination with the department of education, shall do all of the following:
   a.  Immediately upon the effective date of this Act, submit a letter of intent to the United States secretary of agriculture to apply for and participate in the summer EBT for children program offered by the United States department of agriculture food and nutrition service during summer 2024.
   b.  Coordinate with the United States department of agriculture food and nutrition service to develop a successful management and administration plan for the summer EBT for children program, and submit the plan to the United States secretary of agriculture by February 15, 2024.
   2.  There is appropriated from the general fund of the state to the department of health and human services for the fiscal year beginning July 1, 2023, a sufficient amount to cover the costs of administering the summer EBT for children program during summer 2024. Moneys appropriated under this section that remain unexpended or unencumbered at the close of the fiscal year shall not revert but shall remain available for expenditure in the succeeding fiscal year.
    Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 4.  RETROACTIVE APPLICABILITY.  This Act applies retroactively to July 1, 2023.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the summer electronic benefits transfer (EBT) for children program made permanent by federal law under the Consolidated Appropriations Act, 2023, administered by the United States department of agriculture (USDA) food and nutrition service.
   The bill includes findings relating to food insecurity in the state including that it is estimated that approximately 240,000 children would be eligible to receive benefits under the summer EBT for children program; that when Iowans are struggling financially, they are more likely to buy less expensive foods, high in calories and low in nutritional value; and that the summer EBT for children program would provide an estimated $29 million to address the food insecurity crisis which not only feeds children but stimulates local economic activity.
   The bill requires the department of health and human services (HHS), in coordination with the department of education, to immediately upon the effective date of the bill submit a letter of intent to apply for and participate in the summer EBT program for children during summer 2024, to coordinate with the USDA to develop a successful management and administration plan for the summer EBT program for children, and to submit the plan to the USDA by February 15, 2024.
   The bill appropriates from the general fund of the state to HHS for fiscal year 2023-2024 a sufficient amount to cover the costs of administering the summer EBT program for children during summer 2024.
   The bill takes effect upon enactment and is retroactively applicable to July 1, 2023.