Bill Text: OR HB2174 | 2013 | Regular Session | Introduced

---

Bill Title: Relating to food in schools; appropriating money; declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2174 Detail]

Download: Oregon-2013-HB2174-Introduced.html

---

     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2118

                         House Bill 2174

Sponsored by Representative BOONE (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Changes name of Oregon Farm-to-School and School Garden Program
to Oregon Food Products Program.
  Allows grants awarded to program to be used for fisheries-based
educational activities.
  Appropriates moneys from General Fund to Department of
Education for purpose of awarding grants.
  Declares emergency, effective July 1, 2013.

                        A BILL FOR AN ACT
Relating to food in schools; amending ORS 336.426 and 336.431;
  appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 336.426 is amended to read:
  336.426. (1) The Department of Education shall establish the
  { - Oregon Farm-to-School and School Garden Program - }  { +
Oregon Food Products Program + }. Through the program, the
department shall:
  (a) Assist school districts that participate in the United
States Department of Agriculture's National School Lunch Program
or School Breakfast Program in using Oregon food products and
produce from school gardens;
  (b) Promote food-based, agriculture-based { + , + }
 { - and - }  garden-based  { +  and fisheries-based + }
educational activities in school districts;
  (c) Provide information to school districts on how
farm-to-school and school garden projects may help implement
wellness policies mandated by the United States Department of
Agriculture;
  (d) Assist school districts in incorporating farm-to-school and
school garden projects into wellness policies mandated by the
United States Department of Agriculture;
  (e) Work with the State Department of Agriculture to develop
farm-to-school related programs;   { - and - }
   { +  (f) Work with the State Department of Fish and Wildlife
to develop educational activities related to fisheries; and + }
    { - (f) - }   { + (g) + } Perform other activities necessary
to facilitate the success of the   { - Oregon Farm-to-School and
School Garden Program - }  { +  Oregon Food Products Program + }.
  (2) The State Board of Education may adopt any rules necessary
for the administration of this section.

  (3)(a) For the purpose of paying the costs of the Department of
Education of administering the   { - Oregon Farm-to-School and
School Garden Program - }  { +  Oregon Food Products Program + },
the department may accept contributions of moneys and assistance
from any source, public or private, and agree to conditions
placed on the moneys not inconsistent with the duties of the
department under this section.
  (b) Any moneys received by the department under this subsection
shall be placed in the Department of Education Account.
  SECTION 2. ORS 336.431 is amended to read:
  336.431. (1) A school district may apply to the Department of
Education for a grant to be used by the school district to:
  (a) Reimburse the school district for costs incurred by the
school district to purchase Oregon food products described in
subsection (3) of this section; and
  (b) Fund food-based, agriculture-based { + , + }   { - and - }
garden-based  { +  and fisheries-based + } educational activities
in school districts.
  (2) For a grant received under this section:
  (a) 87.5 percent of the moneys of the grant must be used for
reimbursements as described in subsection (1)(a) of this section;
and
  (b) 12.5 percent of the moneys of the grant must be used for
the educational activities described in subsection (1)(b) of this
section.
  (3)(a) For the portion of a grant that is allocated for
reimbursements, a school district shall be reimbursed for the
costs incurred by the school district to purchase Oregon food
products that were:
  (A) Purchased on or after the date the school district received
the moneys for the grant;
  (B) Produced or processed in Oregon; and
  (C) Used in meals that are part of the United States Department
of Agriculture's National School Lunch Program.
  (b) For Oregon food products that satisfy the requirements of
paragraph (a) of this subsection, reimbursements shall be in an
amount that equals the lesser of:
  (A) The amount paid per meal by the school district to purchase
the Oregon food product; or
  (B) Fifteen cents for every school lunch.
  (c) A school district that receives moneys for reimbursement as
provided by paragraph (b) of this subsection:
  (A) Must use the moneys to purchase foods produced or processed
in Oregon; and
  (B) May not use the moneys to supplant purchases of food
products with federal moneys, but may use the moneys to pay for
the difference in cost between food products that are of higher
quality and food products that are allowed to be purchased with
federal moneys.
  (4) For the portion of a grant that is allocated for
educational activities, a school district shall use the moneys
for costs directly associated with the educational activities,
including staff time, travel costs and equipment purchased for
the activities.
  (5) The Department of Education shall consult with the State
Department of Agriculture  { + or the State Department of Fish
and Wildlife  + }to determine the recipients and amounts of
grants awarded under this section. Preference shall be given to
school districts that:
  (a) Propose farm-to-school projects { + , + }   { - or - }
school garden projects  { + or fisheries projects + } that:
  (A) Are well designed;
  (B) Incorporate positive changes in food purchasing;
  (C) Promote healthy food activities;
  (D) Have clear educational objectives;
  (E) Involve parents or the community; and
  (F) Have high potential for job creation;
  (b) Represent a variety of sizes and geographic locations; and
  (c) Serve a high percentage of children who qualify for free or
reduced price school meals under the United States Department of
Agriculture's National School Lunch Program.
  (6) The Department of Education must award at least two grants
per biennium under this section.
  (7) The Department of Education shall consult with the State
Department of Agriculture  { + and the State Department of Fish
and Wildlife + } to develop rules and standards related to the
grants awarded under this section.
  (8) The Department of Education may expend for the
administrative costs incurred under this section no more than two
percent of all moneys received by the department for the grant
program.
  SECTION 3.  { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of
Education, for the biennium beginning July 1, 2013, out of the
General Fund, the amount of $250,000 for the grant program
described in ORS 336.431. + }
  SECTION 4.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on July 1,
2013. + }
                         ----------