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HB497
HOUSE OF REPRESENTATIVES
H.B. NO.
497
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to the hawaii child nutrition programs
.
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 the
Hawaii child nutrition programs
is the state agency
link between the United States Department of Agriculture Food and Nutrition
Service and local program operators.
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The
agency conducts audits, provides
technical assistance, and
disburses federal funds while ensuring the programs are managed according to
federal requirements.
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The
legislature further finds that the Hawaii child nutrition programs has a
critical role in ensuring the department of education reaches the programmatic
goal established in Act 175, Session Laws of Hawaii 2021, to provide at least
thirty per cent locally grown food in the State's public schools by 2030.
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However, additional resources and staff
dedicated to farm-to-school connections are needed to ensure the department of
education meets its "30 by 30" goal.
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The
legislature also finds that the Hawaii child nutrition programs is an agency
attached to the department of education under the board of education.
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However, it is critical from an ethical
standpoint for the Hawaii child nutrition programs to be independent of the
department of education's school food services branch to prevent its
preferential treatment.
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The Hawaii child
nutrition programs agency should be transferred from the department of
education to the department of agriculture to allow the Hawaii child nutrition
programs to conduct compliance audits and fiscal reviews without interference
from the school food services branch.
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The
purpose of this Act is to:
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(1)
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Establish the Hawaii child nutrition programs
as an agency in the department of agriculture; and
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(2)
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Fund grant-based programs to be administered
through the Hawaii child nutrition programs.
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SECTION
2.
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The Hawaii Revised Statutes is
amended by adding a new chapter to be appropriately designated and to read as
follows:
"
Chapter
hawaii child nutrition programs
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� -1
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D
efinitions
.
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A
s used in this chapter,
"agency" means the Hawaii child nutrition programs agency.
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-2
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Hawaii
child nutrition programs agency; purpose.
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(a)
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There is established within
the department of agriculture for administrative purposes only, the Hawaii
child nutrition programs agency.
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The
agency shall serve as the state link between the United States Department of
Agriculture Food and Nutrition Services and local program operators.
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(b)
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The purpose of the Hawaii child nutrition
programs agency is to conduct audits, provide technical assistance, disburse
federal funds to local program operators, and administer and award grants to
promote the purchasing of locally grown foods by all schools in the State
participating in the United States Department of Agriculture child nutrition programs.
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-3
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Grants
.
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(a)
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The agency shall administer a
grant program to support the State's public schools by funding the initiatives
described in subsection (c).
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(b)
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Funding shall be used for the purposes
described in subsection (c); provided that no more than two per cent of the
funding received by the grantee may be retained to be used for administration
costs.
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Funding retained by project
partners for data collection, outreach, and training may not exceed one per
cent for each project partner.
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(c)
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Grants shall be awarded to:
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(1)
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Fund purchase of minimally processed local
food products;
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(2)
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Fund equipment to increase the use and
preparation of minimally processed local foods in school meals;
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(3)
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Fund professional development to educate
children about good nutrition and farm-to-school connections; and
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(4)
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Fund technical assistance to increase
participation in federal child nutrition programs.
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(d)
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In determining recipients for grants related
to farm-to-school education and increasing participation in federal child
nutrition programs, the agency shall prefer grantees who propose educational
activities that meet one or more of the following:
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(1)
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Promotion of healthy food activities;
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(2)
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Clear educational objectives;
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(3)
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Involvement of parents or the community;
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(4)
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Connect to a school or child care center's
farm-to-school or farm-to-early-child-care procurement activities; and
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(5)
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Marketing and promoting the program, which
will lead to increased pupil knowledge and consumption of Hawaii-grown
products.
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-4
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Reports to the legislature.
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The agency shall submit a report to the
legislature on the disbursement of funds awarded pursuant to section
-3 no later than twenty days prior to the convening of each
regular session."
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SECTION 3.
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All employees of the Hawaii child nutrition
programs who occupy civil service positions and whose functions are transferred
to the department of agriculture by this Act shall retain their civil service
status, whether permanent or temporary.
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Employees shall be transferred without loss of salary, seniority (except
as prescribed by applicable collective bargaining agreements), retention
points, prior service credit, any vacation and sick leave credits previously
earned, and other rights, benefits, and privileges, in accordance with state
personnel laws and this Act; provided that the employees possess the minimum
qualifications and public employment requirements for the class or position to
which transferred or appointed, as applicable; provided further that subsequent
changes in status may be made pursuant to applicable civil service and
compensation laws.
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Any employee who,
prior to this Act, is exempt from civil service and is transferred as a
consequence of this Act may retain the employee's exempt status, but shall not
be appointed to a civil service position as a consequence of this Act.
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An exempt employee who is transferred by this
Act shall not suffer any loss of prior service credit, vacation or sick leave
credits previously earned, or other employee benefits or privileges as a
consequence of this Act; provided that the employees possess legal and public
employment requirements for the position to which transferred or appointed, as
applicable; provided further that subsequent changes in status may be made
pursuant to applicable employment and compensation laws.
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SECTION 4.
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All appropriations, records, equipment,
machines, files, supplies, contracts, books, papers, documents, maps, and other
personal property heretofore made, used, acquired, or held by the department of
education relating to the functions transferred to the department of agriculture
shall be transferred with the functions to which they relate.
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SECTION
5.
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There is appropriated out of the
general revenues of the State of Hawaii the sum of
$ or so much
thereof as may be necessary for fiscal year 2025-2026 and the same sum or so
much thereof as may be necessary for fiscal year 2026-2027 to fund grants
administered by the Hawaii child nutrition programs agency for the 2025-2026
school year.
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The sums
appropriated shall be expended by the
department of agriculture for the purposes of this Act.
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SECTION 6.
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This Act shall take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
Report Title:
Hawaii
Child Nutrition Programs; Department of Agriculture; Grants; Appropriation
Description:
Transfers
the Hawaii Child Nutrition Programs Agency from the Department of Education to the
Department of Agriculture and codifies its establishment.
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Establishes a grant program to be
administered by the Agency to support the funding of certain initiatives for
the State's public schools.
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Appropriates
funds for grants.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.