76th OREGON LEGISLATIVE ASSEMBLY--2011 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 203
 
                           A-Engrossed
 
                         House Bill 2800
                  Ordered by the House April 13
            Including House Amendments dated April 13
 
Sponsored by Representatives CLEM, KOTEK; Representatives
  BARNHART, BOONE, DEMBROW, FREDERICK, GARRETT, HOLVEY, KOMP,
  MATTHEWS, READ, SCHAUFLER, J SMITH, Senator EDWARDS (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.
 
  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 - }  { +  award grants to school
districts for reimbursement of costs incurred in purchasing
Oregon food products that meet certain criteria and for
funding + } food-based, agriculture-based and garden-based
educational activities.
  Allocates moneys from Administrative Services Economic
Development Fund to   { - Oregon Business Development Department
for purposes of reimbursements and - }  { +  State Department of
Agriculture for purpose of awarding + } grants.
  Declares emergency, effective July 1, 2011.
 
                        A BILL FOR AN ACT
Relating to Oregon Farm-to-School and School Garden Program;
  creating new provisions; amending ORS 336.426; limiting
  expenditures; 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. 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   { - utilizing - }
 { + using + } Oregon food products and produce from school
gardens;
  (b) Promote   { - food- - }   { + food-based,
agriculture-based + } and garden-based educational activities in
school districts   { - that participate in the United States
Department of Agriculture's National School Lunch Program or
School Breakfast Program - } ;
 
  (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) Perform other activities necessary to facilitate the
success of the Oregon Farm-to-School and School Garden 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, 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.  { + (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
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 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
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 three
grants per biennium under this section.
  (7) The Department of Education shall consult with the State
Department of Agriculture to develop rules and standards related
to the grants awarded under this section.
  (8) The Department of Education and the State Department of
Agriculture may expend for the administrative costs incurred by
the departments under this section no more than two percent of
all moneys received by the departments for the grant program. + }
  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 $2 million is established for the biennium beginning
July 1, 2011, 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 grant program described in section 2 of this 2011 Act.
  (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, 2011; and
  (c) Amounts required by any other pledges of, or liens on, net
proceeds from the Oregon State Lottery. + }
  SECTION 4.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect July 1,
2011. + }
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