Bill Text: HI HB1568 | 2022 | Regular Session | Amended
Bill Title: Relating To Agriculture.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2022-06-27 - Act 144, on 06/27/2022 (Gov. Msg. No. 1245). [HB1568 Detail]
Download: Hawaii-2022-HB1568-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1568 |
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THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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C.D. 1 |
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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. The
legislature finds that supporting local businesses and encouraging the
production and use of local agricultural products are a matter of statewide
concern.
The legislature further finds that the
department of education, department of health, department of public safety, department
of defense, 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.
For the department of health, 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 coronavirus disease 2019 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 legislature notes that the department
of defense oversees the Hawaii national guard youth challenge academy and
serves breakfast, lunch, and dinner to its residential students. The Hawaii national guard youth challenge
academy is seventy-five per cent funded by a federal National Guard Bureau
grant, with meal and food purchases for the year having a federal budget cap of
$25 a day for each cadet participating in the academy.
Therefore, the purpose of this Act is to
require the department of education, department of health, department of public
safety, department of defense, and University of Hawaii system to ensure that a
certain percentage of food that is purchased is locally grown to ensure the continued
growth of local food, support local farmers and ranchers, and guarantee that
revenue derived from locally grown food remains in the State. This Act is not meant to capture departmental
or University of Hawaii system staff travel expenses, office staff procurement,
any other staff meals separate from each department's offered
meal services or programs, or other staff meals separate from the University of
Hawaii system'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, department of
defense, and University of Hawaii system shall each ensure that a
certain percentage of the [produce] food
purchased [by that department] for public schools, youth campuses,
public hospitals, public prisons, and any purchases made directly by the
University of Hawaii for use in its academic programs, as applicable, 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, department of defense, 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 made 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;], or in the case of the department of education,
during the school year preceding that regular session;
(2) The [amount of]
percentage of the total cost of food purchased during the calendar year
preceding that regular session, accounted for by the total 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;], or in the case of the department of education, during the school
year preceding that regular session; 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 department or University of Hawaii
system did not meet the relevant benchmark described in subsection (a), an
explanation of why the department or University of Hawaii system 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, that are one hundred per cent grown, raised, and harvested in
Hawaii.
"Local value-added, processed, agricultural, or
food products" means a product for which at least fifty-one per
cent of [the product's] 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 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2022.
Report Title:
Procurement; Food Contracts; Specifications; DOE; DOH; PSD; DOD; UH System
Description:
Requires the department of education, department of health, department of public safety, department of defense, and University of Hawaii system to ensure that a certain percentage of food purchased for public schools, youth campuses, public hospitals, public prisons, and University of Hawaii system academic programs consists of fresh, local agricultural products or local value-added, processed, agricultural, or food products. Requires each of those departments and the University of Hawaii system to annually report to the legislature on progress made toward meeting these benchmarks and clarifies the information to be reported. (CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
