HB249 HD1

SECTION 1. 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. The agency conducts audits, provides technical assistance, and disburses federal funds while ensuring the programs are managed according to federal requirements.

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. 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.

The legislature also finds that the Hawaii child nutrition programs is an agency attached to the department of education under the board of education. 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. The Hawaii child nutrition programs office should be moved from the department of education to the department of human services to allow the Hawaii child nutrition programs to conduct compliance audits and fiscal reviews without interference from the school food services branch.

The purpose of this Act is to:

(1) Establish the Hawaii child nutrition programs in the department of human services;

(2) Fund grant-based programs to be administered through the Hawaii child nutrition programs; and

(3) Establish three permanent full-time equivalent (3.0 FTE) within the Hawaii child nutrition programs to support the State's programmatic goals.

SECTION 2. 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

§ -1 Definitions. As used in this chapter, "agency" means the Hawaii child nutrition programs agency.

§ -2 Hawaii child nutrition programs agency; purpose. (a) There is established within the department of human services for administrative purposes only, the Hawaii child nutrition programs agency. The agency shall serve as the state link between the United States Department of Agriculture Food and Nutrition Services and local program operators.

(b) 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.

§ -3 Positions. (a) The farm to school division within the agency shall be headed by a farm to school coordinator who shall execute, administer, and award grants to develop farm to school programs to purchase local goods for consumption in school food programs; purchase cafeteria equipment and provide facilities upgrades for school production kitchens; train school cafeteria staff; and develop school garden cafeteria curriculum.

(b) The agency shall employ two permanent full-time equivalent positions as follows:

(1) A Hawaii child nutrition program accountant who shall disburse funds to grantees; review quarterly reports submitted by grantees for compliance; provide technical assistance to schools related to United States Department of Agriculture resource management and procurement regulations, if appropriate; and provide an annual accounting report to the legislature on the disbursement of funds to the school complex areas; and

(2) A farm to school farmer support position to assist the farm to school coordinator; provide technical assistance to farmers and producers to navigate the procurement process to comply with United States Department of Agriculture regulations; engage more small farmers and producers to conduct businesses with schools; and assist farmer and producers in improving channels of communication with schools.

§ -4 Grants. (a) The agency shall administer a grant program to support the State's public schools by funding the initiatives described in subsection (c).

(b) Funding shall be used for the purposes described in subsection (c); provided that no more than two per cent of the funding retained by the grantee may be used for administration costs. Funding retained by project partners for data collection, outreach, and training may not exceed one per cent for each project partner.

(1) Fund purchase of minimally processed local food products;

(2) Fund equipment to increase the use and preparation of minimally processed local foods in school meals;

(3) Fund professional development to educate children about good nutrition and farm-to-school connections; and

(4) Fund technical assistance to increase participation in federal child nutrition programs.

(d) In determining recipients for grants related to farm-to-school education and increase in participation in federal child nutrition programs, the agency shall prefer grantees who propose educational activities that meet one or more of the following:

(1) Promotion of healthy food activities;

(2) Clear educational objectives;

(3) Involvement of parents or the community;

(4) Connect to a school or child care center's farm-to-school or farm-to-early-child-care procurement activities; and

(5) Marketing and promoting the program, which will lead to increased pupil knowledge and consumption of Hawaii-grown products.

§ -5 Reports to the legislature. The agency shall submit a report on the disbursement of funds awarded pursuant to section -4 to the legislature no later than twenty days prior to the convening of each regular session."

SECTION 3. All employees of the Hawaii child nutrition program who occupy civil service positions and whose functions are transferred to the department of human services by this Act shall retain their civil service status, whether permanent or temporary. 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.

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. 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.

SECTION 4. 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 human services shall be transferred with the functions to which they relate.

SECTION 5. 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to fund grants administered by the Hawaii child nutrition programs agency for the 2023-2024 school year.

The sums appropriated shall be expended by the department of human services for the purposes of this Act.

SECTION 6. 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of:

(1) One permanent full-time equivalent (1.0 FTE) farm to school coordinator;

(2) One permanent full-time equivalent (1.0 FTE) Hawaii child nutrition programs accountant; and

(3) One permanent full-time equivalent (1.0 FTE) farm to school farmer support position.

The sums appropriated shall be expended by the department of human services for the purposes of this Act.

SECTION 7. This Act shall take effect on June 30, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	249
THIRTY-SECOND LEGISLATURE, 2023		H.D. 1
STATE OF HAWAII