Bill Text: CA AB70 | 2011-2012 | Regular Session | Amended
Bill Title: State Department of Public Health: funding opportunities.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2012-06-14 - Referred to Com. on HEALTH. [AB70 Detail]
Download: California-2011-AB70-Amended.html
BILL NUMBER: AB 70 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 23, 2012
AMENDED IN ASSEMBLY JANUARY 5, 2012
INTRODUCED BY Assembly Member Monning
( Coauthor: Assembly Member
V. Manuel Pérez )
DECEMBER 16, 2010
An act to add Chapter 4.5 (commencing with Section 104250) to Part
1 of Division 103 of the Health and Safety Code, relating to public
health.
LEGISLATIVE COUNSEL'S DIGEST
AB 70, as amended, Monning. State Department of Public Health:
federal funding opportunities.
Existing law requires the State Department of Public Health to
perform various duties relating to public health, including, but not
limited to, administering programs related to the prevention of
chronic diseases.
This bill would require the State Department of Public Health to
examine its internal processes and develop a plan to increase the
department's flexibility to apply for, and be more responsive to,
federal funding opportunities using all appropriate methods,
including, but not limited to, direct applications and applications
in partnership with other public and nonprofit public health entities
to develop a stronger evidence base of effective prevention
programming and engage in prevention and health education activities.
This bill would provide that, in regard to a request for
applications, a funding opportunity announcement, or other similar
solicitation, if specified requirements are met, the State Department
of Public Health may enter into an agreement with another eligible
applicant making that applicant the lead agency, as specified. This
bill would require a lead agency designee, among other things, to
agree in advance to terms and conditions of the designation, set by
the department, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares as follows:
(a) Given the significant fiscal challenges ahead for California,
it is important for the Legislature to ensure that state agencies
maximize their opportunity to obtain additional federal funds,
particularly in cases where doing so could offset state General Fund
costs or assist the state with the transformation of California's
health care system and the health and well-being of California's
children, under appropriate federal laws including, but not limited
to, the Patient Protection and Affordable Care Act (ACA) (Public Law
111-148), the Healthy, Hunger-Free Kids Act of 2010 (HHFKA) (Public
Law 111-296), and the federal farm bill.
(b) The ACA is a historic opportunity for California to prioritize
preventive health programs that have been demonstrated to save
valuable health care dollars, produce positive patient outcomes in a
cost-effective manner, and move the current health care system away
from managing disease and toward prevention and health promotion in
order to improve the health of Californians.
(c) The HHFKA is a historic opportunity to improve the health and
well-being of California's children, prevent hunger, and reduce the
costly burden of diseases such as obesity and type II diabetes. It
provides valuable new federal resources for federal child nutrition
programs; requires the United States Department of Agriculture to
make significant improvements in the nutritional standards of school
meals; and provides federal grant funding to support nutrition
education and obesity prevention for low-income children and
families.
(d) The federal farm bill is a major agricultural and nutrition
bill that has a serious impact on priorities and programs that
influence public health. The farm bill addresses, among other things,
nutrition programs, and has designated federal funding for nutrition
education to support obesity prevention programming.
(e) It is the intent of the Legislature in enacting this act to
take full advantage of federal funding opportunities , such
as grants available under the ACA, the HHFKA, and the federal farm
bill , to improve state health care and nutrition programs
and invest in prevention and health education, with the goal of
building, promoting, and sustaining healthy communities through a
community prevention focus that includes efforts toward the reduction
of chronic disease rates, the elimination of conditions that lead to
health disparities, and an increase in the cultural and linguistic
appropriateness of health and nutrition services.
(f) The State Department of Public Health, has, over several
decades, worked successfully to secure federal and private
resources through direct applications and applications in
partnership with California-based nonprofit health organizations. It
is the intent of the Legislature to encourage the State Department of
Public Health to continue to take advantage of all means at its
disposal to maximize and secure federal
funding resources for the state and to develop a plan
to increase the department's flexibility to apply for, and
be more responsive to, federal and private funding
opportunities using all appropriate methods, including, but not
limited to, direct applications and applications in partnership with
other California-based public and nonprofit public health entities.
SEC. 2. Chapter 4.5 (commencing with Section 104250) is added to
Part 1 of Division 103 of the Health and Safety Code, to read:
CHAPTER 4.5. FEDERAL FUNDING FOR DISEASE
PREVENTION AND HEALTH EDUCATION
104250. The State Department of Public Health shall examine its
internal processes and develop a plan to increase the department's
flexibility to apply for, and be more responsive to, federal funding
opportunities using all appropriate methods at its disposal,
including, but not limited to, direct applications and applications
in partnership with other public and nonprofit health entities for
federal grants, such as those available under the Patient Protection
and Affordable Care Act (Public Law 111-148), the Healthy,
Hunger-Free Kids Act of 2010 (Public Law 111-296), and the federal
farm bill, to allow the state to develop a stronger evidence base of
effective prevention programming and engage in prevention and health
education activities that achieve, at a minimum, all of the
following:
104250. (a) (1) If all of the following
conditions are met, the department may take any of the actions
specified in paragraph (2).
(A) There is a request for application, funding opportunity
announcement, or other similar solicitation issued by the federal
government, a state or local government outside of California, or a
nonprofit corporation, or their contractors, grantees, or agents.
(B) The State Department of Public Health is eligible to apply to
the application, funding opportunity announcement, or solicitation.
(C) The application, funding opportunity announcement, or
solicitation is for a public health project that advances the goals
described in subdivision (c) and the goals are, in whole or in part,
within the powers of the department.
(2) If all of the requirements of paragraph (1) have been met, the
department may take any of the following actions:
(A) The department may enter into a memorandum of understanding or
agreement with another eligible applicant or entity formed by two or
more eligible applicants. The memorandum of understanding or
agreement shall provide that the other eligible applicant will
respond to the application, funding opportunity announcement, or
solicitation as the lead agency.
(B) If eligibility to apply to an application, funding opportunity
announcement, or solicitation is restricted to state and local
health departments, and entities designated by state and local health
departments, the department may enter into a written memorandum of
understanding or agreement with a local health department and its
designees, public or private institution of higher education,
nonprofit organization, or separate entity controlled by two or more
of these entities. The memorandum of understanding or agreement shall
provide that the entity will be designated by the department, in
writing, to respond to the solicitation as the lead agency.
(b) (1) The department may notify local health departments, public
or private institutions of higher education, nonprofit corporations
whose purpose includes public health, and separate entities
controlled by two or more of these entities, of the opportunity to
submit their credentials for designation as a lead agency pursuant to
subparagraphs (A) and (B) of paragraph (2) of subdivision (a). The
department may review the credentials of entities that respond to the
notice and designate a qualified lead agency for purposes of
responding to and administering the activities described in a request
for application, funding opportunity announcement, or other similar
solicitation.
(2) A qualified lead agency designee shall have the institutional
capacity to respond to and administer the activities described in a
request for application, funding opportunity announcement, or other
similar solicitation.
(3) A qualified lead agency designee shall agree in advance to
terms and conditions of designation specified by the department,
which shall include, but are not limited to, the following:
(A) Acceptance of full responsibility for compliance with the
terms and conditions of the award.
(B) Granting of permission to the state to use, reproduce, modify,
and distribute intellectual property arising out of the performance
of the award to the extent permitted by the award.
(C) Indemnification of the state from and against any claims,
expenses, or liability arising out of the award.
(D) Appropriate provisions for the cancellation of the memorandum
of understanding or agreement for the convenience of the state.
(c) The goals of public health projects described in subdivision
(a) include any of the following:
(a)
(1) The creation of healthier school and community
environments, including, but not limited to, healthful food options,
free drinking water, and physical activity.
(b)
(2) The creation of an infrastructure to support active
living and access to nutritious foods.
(c)
(3) The development and promotion of programs targeting
a variety of age levels to increase healthy eating, physical
activity, food security, smoking cessation, mental health, and
safety, as well as address special population needs.
(d)
(4) The promotion and improvement of access to
healthful food options in schools, child care facilities,
communities, worksites, and other settings.
(e)
(5) The assessment and implementation of worksite
wellness programs.
(f)
(6) The prioritization of strategies to address
inequities that lead to racial and ethnic health disparities.
