HOUSE OF REPRESENTATIVES

H.B. NO.

702

THIRTY-FIRST LEGISLATURE, 2021

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO FARM TO SCHOOL PROCUREMENT.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. The legislature finds that building farm to school connections can improve student access to healthy, local foods, provide numerous public health benefits, and contribute to the local agricultural industry. The National Farm to School Network reports that increasing local food procurement in schools provides economic benefits to school districts by increasing student and teacher meal participation and decreasing school meal program costs.

The legislature also finds that local food procurement provides economic benefits to local food systems by providing a long-term revenue stream for farmers and other food producers, promoting market diversification, and increasing income and economic growth opportunities for individual farmers. The 2008 Farm Bill directed the Secretary of Agriculture to encourage schools to purchase unprocessed locally grown and locally raised products "to the maximum extent practicable and appropriate." The Secretary was also instructed to allow child nutrition program operators to use a "geographic preference" when procuring unprocessed locally grown and locally raised agricultural products.

The purpose of this Act is to require the department of education to adopt rules for the procurement of goods and services related to the administration of food programs at public schools that incorporate a geographic preference for unprocessed locally grown and locally raised agricultural products. This Act will thereby facilitate the increase of locally grown and locally raised food products from Hawaii farmers, ranchers, and food producers and allow school complexes to regionalize their menus.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"302A-    Food program; procurement; geographic preference; exemption. (a) The department shall adopt rules pursuant to chapter 91 for the procurement of goods and services related to the administration of food programs at public schools that incorporate a geographic preference for unprocessed locally grown and locally raised agricultural products.

(b) The rules shall be in accordance with federal guidance on geographic preference pursuant to the final rule published on April 22, 2011, 76 Federal Register 22603, et seq.

(c) The rules shall also incorporate requirements for:

(1) Maintaining internal policies and procedures for the timely and efficient procurement of goods and services, including post-award contract management and oversight procedures, that are consistent with the goals of public accountability and public procurement practices;

(2) Posting the following information on the department's website:

(A) Procurement policies;

(B) All solicitations, including any bid openings and additional solicitation documents; and

(C) All contracts awarded by the department for goods and services related to the administration of food programs at public schools that incorporate a geographic preference for unprocessed locally grown and locally raised agricultural products, including contracts involving realizations and in-kind benefits;

(3) Prohibiting contracts involving cost plus percentage of cost pricing calculations;

(4) Considering quality, delivery, best value, sustainability, nutritional value, and past performance when determining the most advantageous proposal;

(5) Prohibiting artificial division or parceling that would avoid competitive bidding or competitive proposals; and

(6) Implementing a dispute resolution process for procurement award and post-award contract actions.

(d) All contracts made for the procurement of goods and services pursuant to rules adopted under this section shall include a period of performance.

(e) Nothing in this section shall be construed to permit the awarding of contracts based on geographic preference to supersede the competitive bidding process."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2050.



 

Report Title:

Public School Food Programs; Farm to School; Department of Education; Geographic Preference; Locally Grown Food

 

Description:

Requires the department of education to establish rules for the procurement of goods and services related to the administration of food programs at public schools that incorporate a geographic preference for unprocessed locally grown and locally raised food products. Effective 7/1/2050. (HD1)

 

 

 

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