THE SENATE	S.B. NO.	3002
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

relating to procurement.

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

SECTION 1. The legislature finds that Act 175, Session Laws of Hawaii 2021 (Act 175), moves the Hawaii farm to school program from the department of agriculture to the department of education and establishes a programmatic goal that at least thirty per cent of food served in public schools be locally sourced by 2030. Act 175 notes that a key reason for the creation of the Hawaii farm to school program in 2015 was to improve the health of the State's keiki by encouraging consumption of fresh, locally grown foods, both for their nutritional content and to promote healthy behaviors at an early age. The legislature also finds that other key reasons for creation of the program included supporting small businesses, environmentally sound agricultural practices, fair labor practices, and nutritional health.

The legislature further finds that Act 176, Session Laws of Hawaii 2021 (Act 176), requires state departments to ensure that a certain percentage of produce that is purchased is locally grown to ensure the continued growth of local produce, support local farmers and ranchers, and guarantee that revenue derived from the produce of contracts for locally-grown produce remains in the State.

The legislature additionally finds that additional guidance for state departments is needed regarding the implementation of the agencies' purchasing and reporting obligations pursuant to Act 175 and Act 176.

Accordingly, the purpose of this Act is to update the reporting obligations for state departments, including the department of education, pursuant to Act 175 and Act 176.

SECTION 2. Section 27-8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Each principal department of the State shall 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:] containing the following information:

(1) The status of the department's progress in meeting the relevant benchmarks described in subsection (a);

(2) The total food cost by the department during the calendar year preceding that regular session;

[(1)] (3) The amount of total produce purchased by the department during the calendar year preceding that regular session, as measured by the per cent of the total food cost;

[(2)] (4) The amount 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;

[(3)] (5) 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], as expressed as a ratio of the percentage of the total food cost identified in paragraph (2); and

[(4)] (6) If the department did not meet the relevant benchmark described in subsection (a), an explanation of why the department did not meet that benchmark."

SECTION 3. Section 302A-405.6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The department shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session, beginning with the regular session of 2022, containing the following information:

(1) The status of the department's progress in meeting the local farm to school meal goal;

(2) The [percentage of food served in public schools that consists of locally sourced products, by county, as measured by the percentage of the total cost of food;] total food cost by the department during the calendar year preceding that regular session;

(3) The [costs associated with the farm to school meals program and any savings realized;] amount of total produce purchased by the department during the calendar year preceding that regular session, as measured by the per cent of the total food cost;

(4) [A list of all large purchases of locally sourced products and the identity of the seller;] The amount 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;

(5) [A list of meals on a school menu consisting of the largest percentage of locally sourced products, as measured by the percentage of the total cost of food;] The percentage 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, expressed as a ratio of the percentage of the total food cost identified in paragraph (2); and

(6) [The percentage of fresh food served, by county, as measured by the percentage of the total cost of food;

(7) The percentage of processed food served, by county, as measured by the percentage of the total cost of food;

(8) A description of the training conducted to prepare cafeteria staff for cooking meals from scratch; and

(9) The percentage of locally sourced products purchased from the department's largest distributors, as measured by the percentage of the total cost of food.] If the department did not meet the relevant benchmark described in subsection (a), an explanation of why the department did not meet that benchmark."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on January 1, 2023.

INTRODUCED BY:

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Report Title:

State Departments; Department of Education; Procurement; Produce Contracts; Locally Sourced Products; Reporting Requirements

Description:

Provides additional guidance and updates the reporting obligations for state departments, including the department of education, pursuant to Acts 175 and 176 (SLH 2021), which established programmatic goals for the purchase and procurement of locally sourced products. Effective 1/1/2023.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.