Resolve, To Require the Department of Health and Human Services To Request a Waiver To Prohibit the Use of Food Supplement Benefits for the Purchase of Taxable Food Items
Maine Legislature, Session 127, LD 0526
Committee Amendment CA_B_S299 (Senate)

COMMITTEE AMENDMENT" 0" to S.P. 195, L.D. 526, "Resolve, To Require 
the Department of Health and Human Services To Request a Waiver To Prohibit the Use 
of Food Supplement Benefits for the Purchase of Taxable Food Items" 
Amend the resolve by striking out the title and substituting the following: 
'Resolve, To Require the Department of Health and Human Services To Request a 
Waiver To Prohibit the Use of Food Supplement Benefits for the Purchase of 
Taxable Food Items and To Establish the Healthy Local Foods Initiative Pilot 
Program' 
Amend the resolve by striking out all of the emergency preamble. 
Amend the resolve by inserting before section 1 the following: 
'PART A' 
Amend the resolve in section 1 in the last line (page 1, line 28 in L.D.) by striking out 
the following: "October 1,2015" and inserting the following: 'January 1, 2016' 
Amend the resolve by inserting after section 2 the following: 
'PARTB 
Sec. B-l. 
Healthy Local Foods Initiative Pilot Program established. 
Resolved: 
That the Department of Health and Human Services shall establish the 
Healthy Local Foods Initiative Pilot Program, referred to in this Part as "the program," to 
engage in effOIts to seek out and support, sustain or assist eligible applicants in 
SUbmitting proposals for federal grants or funding to establish pilot projects designed to 
improve the diets of low-income persons enrolled in a statewide food supplement 
program administered as part of the federal Supplemental Nutrition Assistance Program 
under the Maine Revised Statutes, Title 22, section 3104, referred to in this Part as 
"project participants." 
For the purposes of this Part, "eligible applicant" means an 
COMMITTEE AMENDMENT 
~0 
«-. 
COMMITTEE AMENDMENT" 10" to S.P. 195, L.D. 526 
applicant that meets the eligibility standards of the United States Department of 
Agriculture for accepting federal grants and funding through the federal Supplemental 
Nutrition Assistance Program under Title 22, section 3104; and be it further 
Sec. B-2. WorIdng group. Resolved: That the Department of Health and 
Human Services shall convene and staff a working group of 9 members, referred to in this 
Part as "the working group," to assist the department in carrying out the purposes of the 
program. The Commissioner of Health and Human Services shall appoint the members 
of the working group, which must include a representative of the department; a 
representative of Healthy Maine Partnerships established under the Maine Revised 
Statutes, Title 22, section 412; a representative from a local food access network 
administered by a statewide land trust organization that works to protect farmland; a food 
retailer; a person with expertise in nutrition policy; a person with an advanced degree and 
expertise in food policy; a person engaged in the production and sale of local fruits or 
vegetables; an anti-hunger advocate; and a participant in the program. The working 
group shall make recommendations to the department regarding the best practices and 
criteria for evaluating proposals and ensuring qualification for federal grants or funding 
for pilot projects under section 3 of this Part and to assist the department in identifying 
one or more applicants that the working group determines are eligible applicants and are 
qualified to conduct a pilot project; and be it further 
Sec. B-3. Pilot project criteria. Resolved: That evaluation criteria developed 
by the working group under section 2 of this Part must provide for objective assessment 
of the extent to which a proposed pilot project by an eligible applicant under section 1 of 
this Part will improve the diets of project participants and households, reduce obesity and 
support farmers and businesses in the State by increasing purchases of fniits and 
vegetables by project participants and promoting effective and efficient use of program 
benefits. The criteria must provide a basis for weighing the extent to which a pilot 
project explores ways to make locally produced fruit and vegetable products without 
added sugars, fats or oils more affordable at the point of purchase and provide incentives 
to enable households of project participants to obtain additional fruits and vegetables 
when purchasing such produce at a local retail store or farmers' market or through a 
community-supported agdculture or fisheries enterprise. 
An eligible applicant shall 
ensure that a project participant is informed of any educational services provided by the 
statewide food supplement program under the Maine Revised Statutes, Title 22, section 
3104 available in the participant's area promoting healthy food choices and related 
practical food preparation techniques for a person living within a limited budget; and be it 
further 
Sec. B-4. Department support; assistance. Resolved: That the Department 
of Health and Human Services shall consider working group criteria and 
recommendations in determining which eligible applicants' submissions for federal grants 
to support. The department may support more than one proposal for a pilot project under 
section 3 of this Part to implement the program. Upon determining proposals receiving 
support of the department, the department shall assist an eligible applicant receiving 
support in obtaining funding from the United States Department of Agriculture, Food 
Insecurity Nutrition Incentive Grant Program or another appropriate funding source and 
contribute, within the limits of available funds, the matching funds required of the 
eligible applicant for obtaining funding pursuant to section 5 of this Part. The department 
COMMITTEE AMENDMENT 
~s 
.q .. O 
COMMITTEE AlYfENDMENT" 0" to S.P, 195, L.D, 526 
may require that an eligible applicant receiving a grant match a contribution provided by 
the department to the extent the eligible applicant is able; and be it further 
Sec. B-5. Healthy Local Foods Incentive Fund established. Resolved: 
That the Healthy Local Foods Incentive Fund, referred to in this Part as "the fund," is 
established as a revolving, nonlapsing fund administered by the Department of Health 
and Human Services to carry out the purposes of the program, The fund includes funds 
received from a hospital organization in the State pursuant to the implementation strategy 
to meet community health needs identified through a community health needs assessment 
under the United States Internal Revenue Code of 1986, Section 501(r), as amended, and 
any other funds that the department determines suitable; and be it further 
Sec. B-6. Promotion by department. Resolved: That the Department of 
Health and Human Services shall infonn hospital organizations in the State of the 
opportunity to meet federal requirements pursuant to section 5 of this Part by providing 
funds to the fund and shall promote this opportunity; and be it further 
Sec. B-7. Rules. Resolved: That the Department of Health and Human Services 
may adopt routine technical lUles as defined in the Maine Revised Statutes, Title 5, 
chapter 375, subchapter 2-A to ensure compliance with federal and state requirements 
associated with any grant funds, to ensure fairness and accountability in the award and 
expenditure of a grant under this Part and to carry out the purposes of the program.' 
Amend the resolve by striking out all of the emergency clause, 
Amend the resolve by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively, 
SUMMARY 
This amendment, which is the minority report of the committee, removes the 
emergency preamble and emergency clause from the resolve. It changes the date by 
which the Department of Health and Human Services must request a waiver from 
October 1, 2015 to January 1, 2016. It requires the Department of Health and Human 
Services to establish the Healthy Local Foods Initiative Pilot Program to engage in efforts 
to seek out and support, sustain or assist eligible applicants in submitting proposals for 
federal grants or funding for pilot projects to improve the diets of low-income persons 
enrolled in a statewide food supplement program administered as part of the federal 
Supplemental Nutrition Assistance Program. 
The department is required to create a 
working group to make recommendations concerning best practices and criteria for 
evaluating proposals for federal grants or funding to conduct pilot projects designed to 
provide incentives to participants of the federal Supplemental Nutrition Assistance 
Program to improve their diets, reduce obesity and support farmers and businesses in the 
State. The amendment directs the department to provide the matching funds required of 
eligible applicants, The amendment establishes within the department the Healthy Local 
Foods Incentive Fund, which may include funds received from hospital organizations 
fulfilling United States Internal Revenue Service requirements to meet community health 
needs, 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/16/15 
fr/LZC 
LD 526 
LR 31(03) 
Resolve, To Require the Department of Health and Human Services To Request a Waiver To Prohibit 
the Use of Food Supplement Benefits for the Purchase of Taxable Food Items 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment '!]'(S-AC) ') 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Depaliment of Health and Human Services to implement the provisions of this bill are 
expected to be minor and can be absorbed within existing budgeted resources.