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
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1568 |
THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 2 |
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STATE OF HAWAII |
S.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.
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 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 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'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 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 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, to the extent practicable, prioritize contracts with vendors
that use locally sourced food products.
(c) 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 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;
(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
did not meet the relevant benchmark described in subsection (a), an explanation
of why the department or University of Hawaii did not meet that benchmark.
[(c) For the purposes of] (d) 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 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 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, 2112.
Report Title:
Procurement; Food Contracts; Specifications; Department of Education; Department of Health; Department of Public Safety; Department of Defense; University of Hawaii System
Description:
Changes the law requiring all state departments to ensure that a certain percentage of food purchased, excluding certain purchases made within the University of Hawaii System, consists of fresh, local agricultural products or local value-added, processed, agricultural, or food products to apply only to the Department of Education, Department of Health, Department of Public Safety, Department of Defense, and University of Hawaii System. Requires each of those departments to prioritize contracts with vendors that use locally sourced food products. Requires each of those departments and the University of Hawaii System to report to the Legislature on its progress toward meeting these benchmarks and clarifies the information to be reported. Effective 7/1/2112. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.