RELATING TO DEPARTMENT OF EDUCATION FARM TO SCHOOL PROCUREMENT.

HB191

HOUSE OF REPRESENTATIVES

H.B. NO.

191

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to department of education farm to school procurement
.

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

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SECTION
1.
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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.
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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.

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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.
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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."
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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.

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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.
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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.

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

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"
�302A-
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Food
program; procurement; geographic preference; exemption.
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(a)
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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.

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(b)
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The rules adopted pursuant to this section 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.

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(c)
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The rules adopted pursuant to this section shall also incorporate
requirements for:

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(1)
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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;

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

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(A)
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Procurement
policies;

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

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(C)
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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;

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

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

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

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

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

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

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SECTION
3.
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New statutory material is
underscored.

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SECTION 4.
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This Act shall take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

Report Title:

Department
of Education; Farm to School Program; 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.

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