Indiana 2025 Regular Session

Indiana Senate Bill SB0474 Compare Versions

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22 Introduced Version
33 SENATE BILL No. 474
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 16-18-2; IC 16-42-12.5.
77 Synopsis: Food desert grant program. Establishes the food desert grant
88 program (program) within the Indiana department of health (ISDH) to
99 assist new and existing retail businesses or nonprofit corporations in
1010 offering fresh and unprocessed foods within a "food desert" (an
1111 underserved geographic area where, as determined by the ISDH,
1212 affordable fresh, unprocessed, and healthy foods are difficult to obtain).
1313 Provides that a grant awarded under the program may be used to
1414 establish a new retail grocery store or to renovate, expand, or upgrade
1515 an existing retail business that will increase the availability and quality
1616 of fresh produce and other unprocessed and healthy foods. Requires the
1717 ISDH to consider certain criteria when determining whether to award
1818 a grant and requires the recipient of a grant to abide by certain terms
1919 and conditions. Establishes the food desert fund for purposes of
2020 awarding grants under the program. Requires the ISDH to report on the
2121 program annually to the general assembly. Makes an appropriation.
2222 Effective: July 1, 2025.
2323 Jackson L
2424 January 13, 2025, read first time and referred to Committee on Agriculture.
2525 2025 IN 474—LS 6956/DI 150 Introduced
2626 First Regular Session of the 124th General Assembly (2025)
2727 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2828 Constitution) is being amended, the text of the existing provision will appear in this style type,
2929 additions will appear in this style type, and deletions will appear in this style type.
3030 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3131 provision adopted), the text of the new provision will appear in this style type. Also, the
3232 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3333 a new provision to the Indiana Code or the Indiana Constitution.
3434 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3535 between statutes enacted by the 2024 Regular Session of the General Assembly.
3636 SENATE BILL No. 474
3737 A BILL FOR AN ACT to amend the Indiana Code concerning
3838 health and to make an appropriation.
3939 Be it enacted by the General Assembly of the State of Indiana:
4040 1 SECTION 1. IC 16-18-2-136.5 IS ADDED TO THE INDIANA
4141 2 CODE AS A NEW SECTION TO READ AS FOLLOWS
4242 3 [EFFECTIVE JULY 1, 2025]: Sec. 136.5. "Food desert", for
4343 4 purposes of IC 16-42-12.5, has the meaning set forth in
4444 5 IC 16-42-12.5-1.
4545 6 SECTION 2. IC 16-18-2-143, AS AMENDED BY P.L.1-2010,
4646 7 SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4747 8 JULY 1, 2025]: Sec. 143. (a) "Fund", for purposes of IC 16-26-2, has
4848 9 the meaning set forth in IC 16-26-2-2.
4949 10 (b) "Fund", for purposes of IC 16-31-8.5, has the meaning set forth
5050 11 in IC 16-31-8.5-2.
5151 12 (c) "Fund", for purposes of IC 16-41-39.4, refers to the childhood
5252 13 lead poisoning prevention fund established by IC 16-41-39.4-3.1.
5353 14 (d) "Fund", for purposes of IC 16-41-39.8, refers to the lead trust
5454 15 fund established by IC 16-41-39.8-7.
5555 16 (e) "Fund", for purposes of IC 16-42-12.5, has the meaning set
5656 17 forth in IC 16-42-12.5-2.
5757 2025 IN 474—LS 6956/DI 150 2
5858 1 (e) (f) "Fund", for purposes of IC 16-46-5, has the meaning set forth
5959 2 in IC 16-46-5-3.
6060 3 (f) (g) "Fund", for purposes of IC 16-46-12, has the meaning set
6161 4 forth in IC 16-46-12-1.
6262 5 (g) (h) "Fund", for purposes of IC 16-41-42.2, has the meaning set
6363 6 forth in IC 16-41-42.2-2.
6464 7 (h) (i) "Fund", for purposes of IC 16-35-8, has the meaning set forth
6565 8 in IC 16-35-8-2.
6666 9 SECTION 3. IC 16-42-12.5 IS ADDED TO THE INDIANA CODE
6767 10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
6868 11 JULY 1, 2025]:
6969 12 Chapter 12.5. Food Desert Grant Program
7070 13 Sec. 1. As used in this chapter, "food desert" means an
7171 14 underserved geographic area where, as determined by the state
7272 15 department, affordable fresh, unprocessed, and healthy foods are
7373 16 difficult to obtain.
7474 17 Sec. 2. As used in this chapter, "fund" means the food desert
7575 18 fund established by section 6 of this chapter.
7676 19 Sec. 3. (a) The food desert grant program is established within
7777 20 the state department to assist:
7878 21 (1) new retail businesses;
7979 22 (2) existing retail businesses;
8080 23 (3) new nonprofit corporations exempt from federal income
8181 24 taxation under Section 501(c)(3) of the Internal Revenue
8282 25 Code; or
8383 26 (4) existing nonprofit corporations exempt from federal
8484 27 income taxation under Section 501(c)(3) of the Internal
8585 28 Revenue Code;
8686 29 in offering fresh, unprocessed, and healthy foods within a food
8787 30 desert. A grant awarded under the program may be used to
8888 31 establish a new retail grocery store or to renovate, expand, or
8989 32 upgrade an existing retail business that will increase the
9090 33 availability and quality of fresh produce and other unprocessed
9191 34 and healthy foods.
9292 35 (b) The state department shall establish criteria for awarding
9393 36 grants under this chapter. The criteria must include the following:
9494 37 (1) The level of need for fresh and unprocessed foods in the
9595 38 area to be served.
9696 39 (2) The extent to which the prospective grant recipient needs
9797 40 a grant to:
9898 41 (A) proceed with a fresh, unprocessed, and healthy foods
9999 42 project;
100100 2025 IN 474—LS 6956/DI 150 3
101101 1 (B) address the need for fresh, unprocessed, and healthy
102102 2 foods in a food desert; or
103103 3 (C) be sustainable in the area to be served.
104104 4 (3) The overall positive effect that the prospective grant
105105 5 recipient's project will have on the underserved community,
106106 6 including creating and continuing to provide jobs for local
107107 7 residents.
108108 8 (4) The degree to which the prospective grant recipient will
109109 9 participate in state department and local health department
110110 10 initiatives to educate consumers on nutrition and promote
111111 11 healthier eating.
112112 12 (5) Other criteria that are determined by the state department
113113 13 and consistent with this chapter.
114114 14 (c) The recipient of a grant must abide by the terms and
115115 15 conditions established for grant recipients by the state department
116116 16 and must do the following:
117117 17 (1) Allow the state department to conduct an annual audit to
118118 18 ensure compliance with the terms and conditions.
119119 19 (2) Agree to repay the grant amount to the state department
120120 20 if the recipient is not compliant with the terms and conditions.
121121 21 (3) Comply with data collection and reporting requirements
122122 22 established by the state department.
123123 23 (d) The state department may adopt rules under IC 4-22-2
124124 24 necessary to administer the food desert grant program.
125125 25 Sec. 4. The state department may work with public agencies,
126126 26 nonprofit organizations, and community organizations to
127127 27 implement this chapter.
128128 28 Sec. 5. In awarding grants under this chapter, the state
129129 29 department may consider whether a project will leverage private
130130 30 sector dollars, federal resources, or local resources.
131131 31 Sec. 6. (a) The food desert fund is established for the purpose of
132132 32 awarding grants under the food desert grant program established
133133 33 by section 3 of this chapter.
134134 34 (b) The fund shall be administered by the state department.
135135 35 (c) The expenses of administering the fund shall be paid from
136136 36 money in the fund.
137137 37 (d) The treasurer of state shall invest the money in the fund not
138138 38 currently needed to meet the obligations of the fund in the same
139139 39 manner as other public money may be invested.
140140 40 (e) The sources of money for the fund are the following:
141141 41 (1) Appropriations from the general assembly.
142142 42 (2) Donations, gifts, and money received from any other
143143 2025 IN 474—LS 6956/DI 150 4
144144 1 source, including transfers from other funds or accounts.
145145 2 (f) Money in the fund at the end of a state fiscal year does not
146146 3 revert to the state general fund but remains in the fund to be used
147147 4 exclusively for the purposes of this chapter.
148148 5 Sec. 7. The state department shall submit an annual report on
149149 6 the activities of the food desert grant program to the general
150150 7 assembly in an electronic format under IC 5-14-6.
151151 8 SECTION 4. [EFFECTIVE JULY 1, 2025] (a) There is
152152 9 appropriated to the food desert fund established by
153153 10 IC 16-42-12.5-6, as added by this act, for the biennium beginning
154154 11 July 1, 2025, and ending June 30, 2027, two million dollars
155155 12 ($2,000,000) from the state general fund for the purpose of
156156 13 establishing and operating the food desert grant program
157157 14 established by IC 16-42-12.5-3, as added by this act.
158158 15 (b) This section expires July 1, 2027.
159159 2025 IN 474—LS 6956/DI 150