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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1568 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to agriculture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Act 176, Session Laws of Hawaii 2021, is amended by amending section 1 to read as follows:
"SECTION 1. The legislature
finds that supporting local businesses and encouraging the production and use of
local agricultural products [is] are a matter of statewide concern.
The legislature further finds that the department
of education, department of health, department of public safety, and University
of Hawaii system are the state entities that purchase some of the greatest amounts
of agricultural products. For example, according
to the department of public safety, it consistently spent more than $10,000,000
annually from 2007 to 2011 to feed Hawaii's inmate population. Under section 11-174-3, Hawaii Administrative
Rules, the inclusive rate for routine and ancillary services per patient of the
Hawaii state hospital is $133 per day. Routine
and ancillary services include food and nutrition services, among other services
and supplies.
The department of education operates the
twelfth-largest school system in the United States. Prior to the COVID-19 pandemic, the department
of education served lunch to 103,786 students daily and an additional 32,352
breakfasts daily. During fiscal year 2017-2018,
the department spent more than $45,640,000 on food for school meals. In 2020, even during an abbreviated school year,
the department spent about $30,000,000 on food.
[The] Therefore, the purpose of
this Act is to require [state departments] the department of education,
department of health, department of public safety, and University of Hawaii system
to ensure that a certain percentage of [produce] food that is purchased
is locally grown to ensure the continued growth of local [produce,] food,
support local farmers and ranchers, and guarantee that revenue derived from [the
produce of contracts for] locally grown [produce] food remains
in the State. This Act is not meant
to capture departmental or university staff travel expenses, office staff
procurement, or any other staff meals separate from each department's or the university's
offered meal services or programs."
SECTION 2. Section 27-8, Hawaii Revised Statutes, is amended to read as follows:
"[[]§27-8[]] Contracts for [produce;] food; percentage
to be grown within the State. (a) [Each
principal department of the State, as established in section 26-4, that purchases
produce] The department of education, department of health, department of
public safety, and University of Hawaii system shall ensure that a certain percentage
of the [produce] food purchased [by that department]
in public schools, public hospitals, public prisons, and University of
Hawaii facilities is fresh local agricultural products and local value-added,
processed, agricultural, or food products as follows:
(1) By January 1, 2025,
fresh local agricultural products and local value-added, processed, agricultural,
or food products shall constitute a minimum of ten per cent of the total [produce] food purchased
[by the department] during each calendar year, as measured by the per cent
of total food cost;
(2) By January 1, 2030, fresh local agricultural
products and local value-added, processed, agricultural, or food products shall
constitute a minimum of eighteen per cent of the total [produce] food purchased
[by the department] during each calendar year, as measured by the per cent
of total food cost;
(3) By January 1, 2035,
fresh local agricultural products and local value-added, processed, agricultural,
or food products shall constitute a minimum of twenty‑six per cent of
the total [produce] food
purchased [by the department] during each calendar year, as measured by the
per cent of total food cost;
(4) By January 1, 2040,
fresh local agricultural products and local value-added, processed, agricultural,
or food products shall constitute a minimum of thirty‑four per cent of the
total [produce] food purchased [by
the department] during each calendar year, as measured by the per cent of total
food cost;
(5) By January 1, 2045,
fresh local agricultural products and local value-added, processed, agricultural,
or food products shall constitute a minimum of forty‑two per cent of
the total [produce] food purchased [by
the department] during each calendar year, as measured by the per cent of total
food cost; and
(6) By January 1, 2050,
fresh local agricultural products and local value-added, processed, agricultural,
or food products shall constitute a minimum of fifty per cent of the total
[produce] food purchased [by
the department] during each calendar year, as measured by the per cent of total
food cost.
(b) [Each
principal department of the State] The department of education, department
of health, department of public safety, and University of Hawaii system shall
each submit a report to the legislature no later than twenty days
prior to the convening of each regular session on [that department's] progress
toward meeting the benchmarks described in subsection (a), including:
(1) The [amount of]
total [produce] cost of food purchased [by the department]
during the calendar year preceding that regular session[, as measured by the
per cent of the total food cost];
(2) The [amount of]
percentage of the total cost of food purchased during the calendar year preceding
that regular session accounted for by the cost of fresh local agricultural products
and local value-added, processed, agricultural, or food products [purchased by
the department during the calendar year preceding that regular session, as measured
by the per cent of the total food cost]; and
[(3) The percentage of
fresh local agricultural products and local value-added, processed, agricultural,
or food products purchased by the department during the year preceding that regular
session; and
(4)] (3) If [the] each respective department
or the University of Hawaii did not meet the relevant benchmark described
in subsection (a), an explanation of why [the] each respective department
or the University of Hawaii did not meet that benchmark.
(c) [For the purposes of] As used in
this section:
"Fresh local agricultural products"
means fruits, vegetables, nuts, coffee, eggs, poultry, and poultry products, livestock,
and livestock products, milk and milk products, aquacultural, and maricultural products,
and horticultural products, one hundred per cent grown, raised, and harvested in
Hawaii.
"Local value-added, processed, agricultural, or food
product" means a product for which at least fifty-one per cent of its primary
agricultural product is grown, raised, and harvested in Hawaii.
"Primary agricultural product" means the major agricultural product in a processed or value-added agricultural or food product.
["Produce" means fruits,
vegetables, staple starches, nuts, coffee, eggs, poultry and poultry products,
livestock and livestock products, milk and milk products, aquacultural and
maricultural products, and horticultural products.]"
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Procurement; Food Contracts; Specifications; DOE; DOH; PSD; UH System
Description:
Changes the law requiring all state departments to ensure that a certain percentage of food purchased consists of fresh, local agricultural products or local value-added, processed, agricultural, or food products to apply only to the DOE, DOH, PSD, and UH System. Requires each of those departments and the UH System to report to the legislature on its progress toward meeting these benchmarks and clarifies the information to be reported.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.