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Capitol Insider: Latest News on Food Insecurity Policy & Advocacy (March 2023)

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by Jessica Dietrich, Director of Government Relations and Public Policy, and Bailey Ashbaker, Senior Policy Analyst

 

 

State Policy Updates 

Oklahoma’s 59th legislative session is well underway, and as bills advance and fail in committee, we’re beginning to get an idea of what kinds of legislation may receive more serious consideration by the legislature. But nevertheless, a long road lies ahead for many of these bills and their authors. 

Child Nutrition 

    • HB 1376, filed by Representative Boatman and Senator Garvin, which proposes to expand access to free school meals to more low-income Oklahomans. Representative Daniel Pae (HD-62) was recently added as a co-sponsor.
      • The bill was recently amended to reduce the max income for free school meals from 300% of the federal poverty line to 250%, with the potential of similar amendments further down the line. Most recently, the Oklahoma House of Representatives showed overwhelming support for HB 1376 and passed it with a vote of 91-7. The bill will now advance to the Senate for consideration.
    • HB 1542 by Representative Moore – Provides immunity from civil liability for restaurants that donate food, in good faith and without compensation, that causes damage.
      • The bill was passed by the OK House of Representatives and received in the Senate 3/7/23.
    • HB 1840 by Representative Kerbs – Moves child nutrition admin. to Dept of Ag.
      • Passed out of House Common Education 2/28/23
    • HB 1885 by Representative Waldron – Universal free school meals
      • Did not pass out of committee and is dormant pursuant to the rules.
    • HB 2727 by Representative Menz – Universal free school meals
      • Did not pass out of committee and is dormant pursuant to the rules.
    • SB 268 by Senator Alvord – Directs OSDE to request a meal pattern waiver for school districts with 1,000 or less students.
      • Did not pass out of committee and is dormant pursuant to the rules.

    Benefit Programs (SNAP, TANF, etc.) 

      • HB 1931, HB 1932, SB 281, SB 400, SB 694 – Modifications to increase access and/or reduce barriers to TANF. 
        • HB 1931 passed out of committee 2/14/23.
        • HB 1932 was passed by the OK House of Representatives 3/14/23.
        • SB 281 was passed by the OK Senate and received in the House 2/27/23.
      • SB 534 by Senator Rosino – Changes the maximum income to 300% of the federal poverty level for a child that is severely developmentally disabled to qualify for assistance.
        • The bill was passed by the OK Senate and received in the House 2/27/23.
      • SB 567 by Senator Montgomery – Directs OHCA and OKDHS to collaborate on a universal eligibility and enrollment application for certain public assistance programs.
        • Did not pass out of committee and is dormant pursuant to the rules.

      Taxation 

      • HB 1444, HB1955, HB2086 – Eliminates state portion of grocery sales tax.
        • HB 1444 did not pass out of committee and is dormant pursuant to the rules.
        • HB 1955 was passed by the OK House of Representatives and awaiting Senate consideration.
        • HB 2086 did not pass out of committee and is dormant pursuant to the rules.
      • HB 2769, SB 307 – Extends the refundability of the Earned Income Tax Credit.
        • HB 2769 did not pass out of committee and is dormant pursuant to the rules.
        • SB 307 did not pass out of committee and is dormant pursuant to the rules.
      • SB 863 by Senator Bullard – Requires OSDE to develop a plan to phase out federal funding.
        • Did not pass out of committee and is dormant pursuant to the rules.

      Federal Policy Updates

      Non-congregate Guidance is Out

      USDA has issued guidance for Summer 2023 Non-Congregate Meal Service. Key takeaways from this guidance are below. Please note that all summer child nutrition plans still must be approved by the Oklahoma State Department of Education and possibly the regional USDA office.

      • Sponsors can provide non-congregate summer meals in rural areas that do not have congregate meal service. The definition of ‘rural’ in the Summer Food Service Program (SFSP) has not changed. You can determine your area’s designation utilizing FNS’s Rural Designation Map.
        • Some areas located in “rural pockets” within a larger area designated as urban may still be eligible for non-congregate meal service.
      • Existing rural sites can switch from congregate to non-congregate meal service, with the caveat that OSDE and sponsors will be directed to prioritize those rural areas that the congregate SFSP cannot reliably reach.
        • Non-congregate and congregate meal service can operate on different days in the same area.
        • The two types of meal service cannot occur during the same meals in the same area.
      • Non-congregate meal service can potentially be provided by sites that are near congregate service sites. However, State agencies must ensure that the congregate and non-congregate sites will not serve the same population of children for the same meal service on the same day.
      • Sites may provide a combination of non-congregate and congregate meal services in certain circumstances.
      • Both home delivery and meal pickup service models are allowed.
      • Sponsors/sites may distribute multiple days of meals at once.
      • Sponsors/sites offering non-congregate meals are not required to serve breakfast in the morning or allow one hour between meal services.
      • Meals may be distributed to parents/guardians as long as the process maintains accountability and program integrity.
      • There is additional guidance forthcoming for the USDA on non-congregate oversight and monitoring.

      Rep. McGovern Files Legislation to Increase School Meal Reimbursement Rates

      HFO recently signed on in support of Congressman McGovern’s HR 1269 which would permanently increase the reimbursement rates for school lunch and school breakfast. This increase would be meaningful for Oklahoma schools working to feed children.

      End of SNAP Emergency Benefits and the Federal Public Health Emergency

      As we previously shared, the end of the Federal Public Health Emergency will happen in May 2023, which means many pandemic era programs are beginning to wind down. March is the first month where SNAP households will go back to their “normal” benefit levels, as opposed to the maximum benefit based on the size of a household. This means Oklahomans participating in SNAP are seeing an average reduction of $179 less per month in SNAP benefits.

      Another notable program winding down is Medicaid continuous coverage. During the pandemic, Medicaid participants were able to maintain coverage even if they would have no longer qualified. The state will start removing Medicaid participants if they are deemed ineligible this summer.

       

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