75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1615
House Bill 2800
Sponsored by Representatives CLEM, KOTEK; Representatives BAILEY,
BOONE, CANNON, GARRETT, GELSER, GILLIAM, GREENLICK, HARKER,
HOLVEY, KAHL, KRIEGER, MATTHEWS, NATHANSON, READ, ROBLAN,
SCHAUFLER, SHIELDS, J SMITH, TOMEI
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.
Directs Department of Education to provide reimbursements to
school districts that serve Oregon food products as part of
United States Department of Agriculture's National School Lunch
Program or School Breakfast Program. Directs department to award
grants for development of food-based and garden-based educational
activities.
Allocates moneys from Administrative Services Economic
Development Fund to State Department of Agriculture for purposes
of reimbursements and grants.
Declares emergency, effective July 1, 2009.
A BILL FOR AN ACT
Relating to Oregon Farm-to-School and School Garden Program;
creating new provisions; amending section 1, chapter 21, Oregon
Laws 2008; limiting expenditures; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 1, chapter 21, Oregon Laws 2008, is amended
to read:
{ + Sec. 1. + } (1) The Department of Education shall
establish the Oregon Farm-to-School and School Garden Program.
Through the program, the department shall:
{ + (a) Provide reimbursements to school districts that serve
Oregon food products as part of the United States Department of
Agriculture's National School Lunch Program or School Breakfast
Program; + }
{ - (a) - } { + (b) + } Assist school districts that
participate in the United States Department of Agriculture's
National School Lunch Program or School Breakfast Program in
{ - utilizing - } { + using + } Oregon food products { - and
produce - } from school gardens;
{ - (b) - } { + (c) + } Promote { - food- - }
{ + food-based + } and garden-based educational activities in
{ + schools and + } school districts { - that participate in
the United States Department of Agriculture's National School
Lunch Program or School Breakfast Program - } ;
{ - (c) - } { + (d) + } 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) - } { + (e) + } Assist school districts in
incorporating farm-to-school and school garden projects into
wellness policies mandated by the United States Department of
Agriculture;
{ - (e) - } { + (f) + } Work with the State Department of
Agriculture { + , agricultural organizations, state institutions
of higher education and other regional organizations and
community-based organizations + } to develop farm-to-school
related programs; and
{ - (f) - } { + (g) + } Perform other activities necessary
to facilitate the success of the Oregon Farm-to-School and School
Garden Program.
{ + (2)(a) A school district may be reimbursed for purchasing
Oregon food products by applying to the Department of Education
for reimbursement and showing that food for which the district
seeks reimbursement:
(A) Was produced, packaged, packed or processed in Oregon;
(B) Was used in meals that are part of the United States
Department of Agriculture's National School Lunch Program or
School Breakfast Program; and
(C) Met or exceeded federal standards for the nutritional
content of school meals.
(b) The Department of Education shall provide reimbursement in
an amount equal to 15 cents for every school lunch and seven
cents for every school breakfast.
(c) A school district may not use any moneys received under
this subsection to supplant purchases of food products with
federal moneys.
(d) The Department of Education shall consult with the State
Department of Agriculture to develop rules and standards related
to the implementation of the reimbursements described in this
subsection.
(3)(a) A school or school district may apply to the Department
of Education for a grant to be used for food-based and
garden-based educational activities in schools and school
districts.
(b) The Department of Education shall consult with the State
Department of Agriculture to determine the recipients and amounts
of grants awarded under this subsection.
(c) An applicant for a grant may not receive more than $20,000
in grants per biennium under this subsection.
(d) The Department of Education may not award more than 150
grants per biennium under this subsection. + }
{ - (2) - } { + (4) + } The State Board of Education { +
shall adopt rules that establish the criteria to determine the
eligibility for a grant awarded under subsection (3) of this
section and + }may adopt any { + other + } rules necessary for
the administration of this section.
{ - (3)(a) - } { + (5)(a) + } For the purpose of paying the
costs of the Department of Education of administering the Oregon
Farm-to-School and School Garden 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. { +
Moneys specifically received for reimbursements described in
subsection (2) of this section and for grants described in
subsection (3) of this section shall be credited for those
purposes. + }
SECTION 2. { + The amendments to section 1, chapter 21, Oregon
Laws 2008, by section 1 of this 2009 Act first apply to food
purchased on or after the effective date of this 2009 Act. + }
SECTION 3. { + (1) There is allocated to the State Department
of Agriculture from the Administrative Services Economic
Development Fund the amount identified in subsection (2) of this
section.
(2) Notwithstanding any other law limiting expenditures, the
amount of $22,580,000 is established for the biennium beginning
July 1, 2009, as the maximum limit for payment of expenses by the
State Department of Agriculture and the Department of Education
from the Administrative Services Economic Development Fund for
the following purposes:
(a) $19,580,000 for the reimbursements described in section 1
(2), chapter 21, Oregon Laws 2008.
(b) $3,000,000 for grants to be used for food-based and
garden-based educational activities, as described in section 1
(3), chapter 21, Oregon Laws 2008.
(3) The allocation of moneys from the Administrative Services
Economic Development Fund under this section is subject to the
requirements in section 4, Article XV of the Oregon Constitution,
for deposit of specified amounts of the net proceeds from the
Oregon State Lottery into the Education Stability Fund and into
the Parks and Natural Resources Fund and shall be made only after
satisfaction or payment of:
(a) Amounts allocated to Westside lottery bonds issued under
ORS 391.140 or to the reserves or any refunding related to the
Westside lottery bonds in accordance with the priority for
allocation and disbursement established by ORS 391.130;
(b) All liens, pledges or other obligations relating to lottery
bonds or refunding lottery bonds that are due or payable during
the biennium beginning July 1, 2009; and
(c) Amounts required by any other pledges of, or liens on, net
proceeds from the Oregon State Lottery. + }
SECTION 4. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect July 1,
2009. + }
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