House File 2626 H-8238 Amend the amendment, H-8206, to House File 2626 as follows: 1 1. Page 1, after line 3 by inserting: 2 << DIVISION ___ 3 LOCAL FARM PRODUCE PROGRAM 4 Sec. ___. NEW SECTION . 190A.11 Definitions. 5 As used in this subchapter, unless the context otherwise 6 requires: 7 1. “Department” means the department of agriculture and land 8 stewardship. 9 2. “Farm source” means a farmer who produces fresh farm 10 produce and sells directly to consumers or to a distributor or 11 broker of fresh farm produce. 12 3. “Fresh farm produce” means vegetables, fruits, or nuts 13 intended for inclusion as part of a school diet, including 14 school meals and snacks as described in section 190A.3, if the 15 vegetables, fruits, or nuts are not processed except for being 16 trimmed, cleaned, dried, sorted, or packaged. 17 4. “Fund” means the local farm produce fund created in 18 section 190A.12. 19 5. “Program” means the local farm produce program created 20 in section 190A.13. 21 6. “School” means a public school or nonpublic school, as 22 those terms are defined in section 280.2, or that portion of a 23 public school or nonpublic school that provides facilities for 24 teaching any grade from kindergarten through grade twelve. 25 7. “School district” means a school district as described 26 in chapter 274. 27 Sec. ___. NEW SECTION . 190A.12 Local farm produce fund. 28 1. A local farm produce fund is created in the state 29 treasury under the management and control of the department. 30 2. The fund shall include moneys appropriated to the fund 31 by the general assembly. The fund may include other moneys 32 available to and obtained or accepted by the department, 33 including moneys from public or private sources. 34 3. Moneys in the fund are appropriated to support the 35 -1- H8206.4156 (4) 88 da/ns 1/ 4 #1.
program in a manner determined by the department, including for 1 reasonable administrative costs incurred by the department. 2 However, the department shall not use more than five percent 3 of moneys credited to the fund during a fiscal year to pay for 4 reasonable administrative costs. 5 4. a. Notwithstanding section 12C.7, interest or earnings 6 on moneys in the fund shall be credited to the fund. 7 b. Notwithstanding section 8.33, moneys credited to the 8 fund that remain unencumbered or unobligated at the end of a 9 fiscal year shall not revert but shall remain available for the 10 purposes designated. 11 Sec. ___. NEW SECTION . 190A.13 Local farm produce program. 12 1. A local farm produce program is created. The program 13 shall be controlled and administered by the department. 14 2. The purpose of the program is to assist schools and 15 school districts in purchasing fresh farm produce. 16 3. The department shall reimburse a school or school 17 district for expenditures incurred by the school or school 18 district for the purchase of fresh farm produce during 19 the school year in which the school or school district is 20 participating in the program. 21 4. A school or school district must apply each year to the 22 department to participate in the program according to rules 23 adopted by the department pursuant to chapter 17A. 24 5. To be eligible to participate in the program, a school or 25 school district must purchase the fresh farm produce directly 26 from a farm source as follows: 27 a. Except as provided in paragraph “b” , the farm source must 28 be located in this state. 29 b. If the school district shares a border with another 30 state, or the school is part of a school district that shares 31 a border with another state, the farm source may be located 32 in the other state. However, the food source must be located 33 within thirty miles from the school district’s border with that 34 state and the department must approve the purchase. 35 -2- H8206.4156 (4) 88 da/ns 2/ 4
6. The department shall require proof of purchase prior to 1 reimbursing the school or school district for the purchase of 2 fresh farm produce. 3 7. The department may administer the program in cooperation 4 with the department of education and the participating school 5 district or school district in which a participating school is 6 located. 7 8. a. The department shall reimburse a participating 8 school or school district that submits a claim as required 9 by the department. The department shall pay the claim on a 10 matching basis with the department contributing one dollar for 11 every three dollars expended by the school or school district. 12 However, a school or school district shall not receive 13 more than five thousand dollars during any year in which it 14 participates in the program. 15 b. If the department determines that there are not 16 sufficient moneys in the fund to satisfy all applications that 17 are submitted by schools and school districts, the department 18 shall distribute available moneys after reducing the requested 19 amounts by a like percentage. 20 c. Notwithstanding paragraph “a” , if the department 21 determines that there are sufficient moneys in the fund to 22 satisfy all claims that may be submitted by schools and school 23 districts, the department shall provide for the distribution of 24 the available moneys in a manner determined equitable by the 25 department to schools and school districts in counties where 26 the county board of health has identified obesity or another 27 diet-related illness in youth as a priority in the board’s 28 community health needs assessment and health improvement plan. 29 Sec. ___. APPROPRIATION. 30 1. There is appropriated to the department of agriculture 31 and land stewardship for the fiscal year beginning July 1, 32 2019, and ending June 30, 2020, from the moneys available to 33 the state pursuant to the Coronavirus Aid, Relief, and Economic 34 Security Act, Pub. L. No. 116-136, the following amount, or 35 -3- H8206.4156 (4) 88 da/ns 3/ 4
so much thereof as is necessary, to be used for the purpose 1 designated: 2 For deposit in the local farm produce fund created in section 3 190A.12, as enacted in this Act: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,925,000 5 2. Notwithstanding sections 8.33 and 190A.12, moneys 6 appropriated in this section that remain unencumbered or 7 unobligated shall not revert and shall be transferred on 8 December 31, 2020, to the general fund of the state and are 9 appropriated to the economic development authority for the 10 fiscal year beginning July 1, 2020, and ending June 30, 2021, 11 for purposes related to assisting small businesses impacted by 12 the coronavirus. 13 Sec. ___. EFFECTIVE DATE. This division of this Act, being 14 deemed of immediate importance, takes effect upon enactment. 15 Sec. ___. RETROACTIVE APPLICABILITY. This division of this 16 Act, if approved by the governor on or after July 1, 2020, 17 applies retroactively to June 30, 2020. > 18 2. By renumbering as necessary. 19 ______________________________ ISENHART of Dubuque -4- H8206.4156 (4) 88 da/ns 4/ 4 #2.