SB282 - Revises provisions relating to food security. (BDR 18-75)

EXEMPT (Reprinted with amendments adopted on April 14, 2025) FIRST REPRINT S.B. 282 - *SB282_R1* SENATE BILL NO. 282–SENATORS CANNIZZARO, SCHEIBLE, PAZINA, CRUZ-CRAWFORD, NGUYEN; DALY, DOÑATE, DONDERO LOOP, FLORES, OHRENSCHALL AND TAYLOR MARCH 5, 2025 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to food security. (BDR 18-75) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Contains Appropriation not included in Executive Budget. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to food; requiring the Department of Health and Human Services to establish and administer the Grocery Initiative to award grants of money and provide technical assistance and other information to certain grocery stores in this State for certain purposes; revising the duties of the Council on Food Security; making an appropriation; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law creates the Council on Food Security within the Department of 1 Health and Human Services which is charged with various duties relating to food 2 security. (NRS 232.4966, 232.4968) Section 3 of this bill requires the Department, 3 in coordination with the Council, to establish and administer the Grocery Initiative 4 to award grants of money and provide technical assistance and other information to 5 certain grocery stores in this State to expand access to healthy foods in food deserts 6 and areas at risk of becoming food deserts. To the extent money is available, 7 section 3 requires the Department to award grants of money to certain grocery 8 stores for certain purposes. 9 Section 5 of this bill requires the Department, to the extent money is available, 10 to: (1) provide technical assistance to any grocery store awarded a grant of money 11 from the Grocery Initiative and other small, independent grocery stores in this 12 State; and (2) make certain information and materials available on the Internet 13 website of the Department to assist the growth and development of grantees and 14 other grocery stores in this State. 15 Section 5 authorizes the Department to apply for and accept gifts, grants, 16 donations and contributions to carry out its duties pursuant to the provisions of 17 sections 2-5. 18 – 2 – - *SB282_R1* Section 4 of this bill sets forth certain requirements for a grocery store to be 19 eligible to receive assistance from the Grocery Initiative. 20 Section 2 of this bill defines “food desert” for the purposes of sections 3 and 5 21 and the provisions of existing law relating to the Department. Section 6 of this bill 22 applies certain definitions in existing law relating to the Department to the 23 provisions of sections 2-5. 24 Section 7 of this bill requires the Council to research and develop 25 recommendations relating to food insecurity in urban and rural food deserts in this 26 State. Section 9 of this bill requires the Council to submit a written report to the 27 84th Session of the Legislature summarizing this research and recommendations. 28 Section 8 of this bill appropriates $10,000,000 to the Department for the 29 Grocery Initiative to award grants of money and provide technical assistance and 30 other information to grocery stores in this State pursuant to sections 3 and 5. 31 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 232 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2 to 5, inclusive, of this 2 act. 3 Sec. 2. 1. Except as otherwise provided in subsection 2, for 4 the purposes of NRS 232.496 to 232.4969, inclusive, and sections 2 5 to 5, inclusive, of this act, a food desert is a census tract that in the 6 immediately preceding census meets one of the following: 7 (a) Poverty standards: 8 (1) At least 20 percent of households within the census tract 9 have a household income that falls below the federally designated 10 level signifying poverty; 11 (2) The census tract is not located within a metropolitan 12 statistical area, as defined by the United States Office of 13 Management and Budget, and the median family income within 14 the tract is 80 percent or less than the median household income 15 in this State; or 16 (3) The census tract is located within a metropolitan 17 statistical area, as defined by the United States Office of 18 Management and Budget, and the median family income within 19 the tract is 80 percent or less than the greater of the median 20 household income in this State or the median family income in the 21 metropolitan statistical area; and 22 (b) Population and food accessibility standards: 23 (1) The census tract is a rural tract and at least 33 percent 24 of the population of the census tract or 500 or more residents of 25 the census tract reside more than 10 miles from the nearest 26 grocery store; or 27 (2) The census tract is an urban tract and at least 33 28 percent of the population of the census tract or 500 or more 29 – 3 – - *SB282_R1* residents of the census tract reside more than 0.5 miles from the 1 nearest grocery store. 2 2. The Department may by regulation designate as a food 3 desert one or more existing areas that do not meet the 4 requirements set forth in subsection 1 based on data that includes, 5 without limitation, poverty levels and access to grocery stores. 6 3. As used in this section: 7 (a) “Block” means the smallest geographical unit whose 8 boundaries were designated by the Bureau of the Census of the 9 United States Department of Commerce in its topographically 10 integrated geographic encoding and referencing system. 11 (b) “Block group” means a combination of blocks whose 12 numbers begin with the same digit. 13 (c) “Census tract” means a combination of block groups. 14 (d) “Rural tract” means a census tract that is not an urban 15 tract. 16 (e) “Urban tract” means a census tract with a geographic 17 centroid located in an urban area designated by the Bureau of the 18 Census of the United States Department of Commerce. 19 Sec. 3. 1. The Department shall, in coordination with the 20 Council on Food Security, establish and administer the Grocery 21 Initiative to award grants of money and provide technical 22 assistance and other information to grocery stores in this State to 23 expand access to healthy foods in food deserts and any areas at 24 risk of becoming food deserts in this State. 25 2. The Department shall, to the extent money is available, 26 award grants of money from the Grocery Initiative established 27 pursuant to subsection 1 to a grocery store in this State for: 28 (a) Studies of market and site feasibility; 29 (b) Marketing and promotional materials; 30 (c) Paying the salaries or benefits of persons employed by the 31 grocery store; 32 (d) Paying the rent of the building or making a down payment 33 on the purchase of a building or other facility of the grocery store; 34 (e) Purchasing ownership of an existing grocery store to 35 establish a new grocery store; 36 (f) Capital improvements, planning, renovations, land 37 acquisition, demolition or equipment purchases; or 38 (g) Any other costs the Department determines are eligible for 39 a grant. 40 3. In addition to the provisions of subsection 2 and except as 41 otherwise provided in this subsection, the Department may award 42 grants of money from the Grocery Initiative to existing grocery 43 stores in this State for equipment upgrades. The award of a grant 44 of money pursuant to this subsection must prioritize equipment 45 – 4 – - *SB282_R1* that is energy efficient. The Department may not award more than 1 20 percent of the total amount available in any fiscal year for the 2 Grocery Initiative to award grants of money pursuant to this 3 subsection. 4 4. The Department may establish: 5 (a) Limitations on the size of grocery stores which are eligible 6 to receive a grant, which may include, without limitation, 7 limitations based on the annual revenue or projected revenue of 8 the grocery store, the number of full-time employees of the grocery 9 store or the square footage of the grocery store; and 10 (b) Priorities for the award of grants from the Grocery 11 Initiative, which may include, without limitation, poverty levels 12 and median household income in the area, geographic diversity of 13 the area, local ownership, access to grocery stores in the area or 14 any other factors established by the Department. 15 5. The Director may, based upon the recommendations of the 16 Council on Food Security, adopt regulations to carry out the 17 provisions of this section. 18 Sec. 4. A grocery store is eligible to receive assistance from 19 the Grocery Initiative established by the Department pursuant to 20 section 3 of this act if the grocery store is an existing or planned 21 retail establishment, whether organized for profit or not for profit 22 and whether independently owned, cooperatively owned or owned 23 and operated by a local government, which: 24 1. Is principally devoted to the business of selling groceries, 25 including, without limitation, fresh fruits and vegetables; 26 2. In a county whose population is 100,000 or more, derives 27 or will derive not more than 30 percent of its gross revenue from 28 sales of tobacco and alcohol in any given year; 29 3. Accepts or will accept payment from benefits authorized 30 under Supplemental Nutrition Assistance or the Special 31 Supplemental Nutrition Program for Women, Infants and 32 Children established by 42 U.S.C. § 1786; and 33 4. Provides or will provide for the retail sale of a substantial 34 variety of perishable foods, including, without limitation, fresh or 35 frozen dairy products and fresh fruits, vegetable, meats, poultry 36 and fish. 37 Sec. 5. 1. To the extent money is available, the Department: 38 (a) Shall provide technical assistance to any person awarded a 39 grant from the Grocery Initiative and to other small, 40 independently owned grocery stores in this State to ensure the 41 long-term viability and business success of the grantee or 42 independent grocery store. The technical assistance may include, 43 without limitation, business planning, marketing, financing, 44 supply chain management and workforce development assistance. 45 – 5 – - *SB282_R1* (b) Shall make available on the Internet website of the 1 Department information and materials to assist the growth and 2 development of grantees and other grocery stores in this State. 3 (c) May enter into contracts and other lawful agreements with 4 public or private entities to carry out the requirements of this 5 section. 6 2. The Department may apply for and accept gifts, grants, 7 donations and contributions from any source to carry out the 8 provisions of sections 2 to 5, inclusive, of this act. 9 Sec. 6. NRS 232.290 is hereby amended to read as follows: 10 232.290 As used in NRS 232.290 to 232.4983, inclusive, and 11 sections 2 to 5, inclusive, of this act, unless the context requires 12 otherwise: 13 1. “Department” means the Department of Health and Human 14 Services. 15 2. “Director” means the Director of the Department. 16 Sec. 7. NRS 232.4968 is hereby amended to read as follows: 17 232.4968 The Council on Food Security created by NRS 18 232.4966 shall: 19 1. Develop, coordinate and implement a food system that will: 20 (a) Partner with initiatives in economic development and social 21 determinants of health; 22 (b) Increase access to improved food resource programs; 23 (c) Increase participation in federal nutrition programs by 24 eligible households; and 25 (d) Increase capacity to produce, process, distribute and 26 purchase food in an affordable and sustainable manner. 27 2. Research and develop recommendations on community 28 gardens and urban farms, which must include, without limitation: 29 (a) Examinations of: 30 (1) Local and regional efforts to develop community gardens 31 and urban farms; 32 (2) Regulatory and policy barriers to the development of 33 community gardens and urban farms; and 34 (3) The potential effects of community gardens and urban 35 farms on economic development in this State; and 36 (b) Recommendations to: 37 (1) Promote the use of community gardens and urban farms 38 in this State; 39 (2) Strengthen local infrastructure for community gardens 40 and urban farms; and 41 (3) Promote entrepreneurial efforts to develop community 42 gardens and urban farms. 43 – 6 – - *SB282_R1* 3. Research and develop recommendations relating to food 1 insecurity in urban and rural food deserts in this State, which 2 may, without limitation: 3 (a) Include an exploration of: 4 (1) The reasons for current market failures and potential 5 solutions to such market failures; 6 (2) Geographic trends relating to food security in urban 7 and rural food deserts; 8 (3) The need for independent grocery stores; and 9 (4) Any disparities in ownership of grocery stores by 10 minority groups, women and persons with disabilities. 11 (b) Identify areas in this State at risk of becoming food deserts. 12 4. Hold public hearings to receive public comment and to 13 discuss issues related to food security in this State. 14 [4.] 5. Serve as a clearinghouse for the review and approval of 15 any events or projects initiated in the name of the Plan. 16 [5.] 6. Review and comment on any proposed federal, state or 17 local legislation and regulation that would affect the food policy 18 system of this State. 19 [6.] 7. Advise and inform the Governor on the food policy of 20 this State. 21 [7.] 8. Review grant proposals and alternative funding sources 22 as requested by the Director to provide recommendations for 23 funding the Plan. 24 [8.] 9. Develop new resources related to the Plan. 25 [9.] 10. Advise, assist and make recommendations to the 26 Director for the creation and administration of the Program. 27 [10.] 11. On or before January 31 of each year submit an 28 annual report to the Director and the Director of the Legislative 29 Counsel Bureau concerning the accomplishments and 30 recommendations of th [Text truncated for display. Full text available on LegiScan.]