House File 239 - IntroducedA Bill ForAn Act 1relating to a program that assists schools and school
2districts in purchasing fresh farm produce, making
3appropriations, and including effective date provisions.
1   Section 1.  NEW SECTION.  190A.11  Definitions.
   2As used in this subchapter, unless the context otherwise
   41.  “Department” means the department of agriculture and land
   62.  “Farm source” means a farmer who produces fresh farm
7produce and sells directly to consumers or to a distributor or
8broker of fresh farm produce.
   93.  “Fresh farm produce” means vegetables, fruits, or nuts
10intended for inclusion as part of a school diet, including
11school meals and snacks as described in section 190A.3, if the
12vegetables, fruits, or nuts are not processed except for being
13trimmed, cleaned, dried, sorted, or packaged.
   144.  “Fund” means the local farm produce fund created in
15section 190A.12.
   165.  “Program” means the local farm produce program created
17in section 190A.13.
   186.  “School” means a public school or nonpublic school, as
19those terms are defined in section 280.2, or that portion of a
20public school or nonpublic school that provides facilities for
21teaching any grade from kindergarten through grade twelve.
   227.  “School district” means a school district as described
23in chapter 274.
24   Sec. 2.  NEW SECTION.  190A.12  Local farm produce fund.
   251.  A local farm produce fund is created in the state
26treasury under the management and control of the department.
   272.  The fund shall include moneys appropriated to the fund
28by the general assembly. The fund may include other moneys
29available to and obtained or accepted by the department,
30including moneys from public or private sources.
   313.  Moneys in the fund are appropriated to support the
32program in a manner determined by the department, including for
33reasonable administrative costs incurred by the department.
34However, the department shall not use more than five percent
35of moneys credited to the fund during a fiscal year to pay for
-1-1reasonable administrative costs.
   24.  a.  Notwithstanding section 12C.7, interest or earnings
3on moneys in the fund shall be credited to the fund.
   4b.  Notwithstanding section 8.33, moneys credited to the
5fund that remain unencumbered or unobligated at the end of a
6fiscal year shall not revert but shall remain available for
7expenditure for the purposes designated.
8   Sec. 3.  NEW SECTION.  190A.13  Local farm produce program.
   91.  A local farm produce program is created. The program
10shall be controlled and administered by the department.
   112.  The purpose of the program is to assist schools and
12school districts in purchasing fresh farm produce.
   133.  The department shall reimburse a school or school
14district for expenditures incurred by the school or school
15district for the purchase of fresh farm produce during
16the school year in which the school or school district is
17participating in the program.
   184.  A school or school district must apply each year to the
19department to participate in the program according to rules
20adopted by the department pursuant to chapter 17A.
   215.  To be eligible to participate in the program, a school or
22school district must purchase the fresh farm produce directly
23from a farm source as follows:
   24a.  Except as provided in paragraph “b”, the farm source must
25be located in this state.
   26b.  If the school district shares a border with another
27state, or the school is part of a school district that shares
28a border with another state, the farm source may be located
29in the other state. However, the food source must be located
30within thirty miles from the school district’s border with that
31state and the department must approve the purchase.
   326.  The department shall require proof of purchase prior to
33reimbursing the school or school district for the purchase of
34fresh farm produce.
   357.  The department may administer the program in cooperation
-2-1with the department of education and the participating school
2district or school district in which a participating school is
   48.  a.  The department shall reimburse a participating
5school or school district that submits a claim as required
6by the department. The department shall pay the claim on a
7matching basis with the department contributing one dollar for
8every three dollars expended by the school or school district.
9However, a school or school district shall not receive
10more than five thousand dollars during any year in which it
11participates in the program.
   12b.  If the department determines that there are not
13sufficient moneys in the fund to satisfy all applications that
14are submitted by schools and school districts, the department
15shall distribute available moneys after reducing the requested
16amounts by a like percentage.
   17c.  Notwithstanding paragraph “a”, if the department
18determines that there are sufficient moneys in the fund to
19satisfy all claims that may be submitted by schools and school
20districts, the department shall provide for the distribution of
21the available moneys in a manner determined equitable by the
22department to schools and school districts in counties where
23the county board of health has identified obesity or another
24diet-related illness in youth as a priority in the board’s
25community health needs assessment and health improvement plan.
26   Sec. 4.  APPROPRIATION.
   271.  There is appropriated to the department of agriculture
28and land stewardship for the fiscal year beginning July 1,
292020, and ending June 30, 2021, from the moneys available to
30the state pursuant to the Coronavirus Aid, Relief, and Economic
31Security Act, Pub.L. No.116-136, and the Consolidated
32Appropriations Act, 2021, for continued coronavirus stimulus
33and relief, Pub.L.No.116-260, the following amount, or
34so much thereof as is necessary, to be used for the purpose
   1For deposit in the local farm produce fund created in section
2190A.12, as enacted in this Act:
..................................................  $31,925,000
   42.  Notwithstanding sections 8.33 and 190A.12, moneys
5appropriated in this section that remain unencumbered or
6unobligated shall not revert and shall be transferred on
7December 31, 2021, to the general fund of the state and are
8appropriated to the economic development authority for the
9fiscal year beginning July 1, 2021, and ending June 30, 2022,
10for purposes related to assisting small businesses impacted by
11the coronavirus.
12   Sec. 5.  EFFECTIVE DATE.  This Act, being deemed of immediate
13importance, takes effect upon enactment.
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
   17This bill creates a local farm produce program to assist
18schools and school districts purchasing fresh farm produce
19directly from farmers or distributors of fresh farm produce
20(Code chapter 190A). The department of agriculture and
21land stewardship may reimburse a school or school district
22for expenditures on such products to the extent moneys are
23available to support the program. The available moneys would
24be allocated during the school year on a matching basis,
25subject to a $5,000 cap. The bill also creates a local farm
26produce fund to support the program.
   27The bill appropriates to the fund moneys available to
28the state pursuant to the federal Coronavirus Aid, Relief,
29and Economic Security Act and Consolidated Appropriations
30Act, 2021. However, any unencumbered or unobligated moneys
31remaining on December 31, 2021, are transferred to the general
32fund and appropriated to the economic development authority to
33support small businesses.
   34The bill takes effect upon enactment.