BILL REQ. #: S-4340.1
| State of Washington | 60th Legislature | 2008 Regular Session |
Read first time 01/17/08. Referred to Committee on Agriculture & Rural Economic Development.
AN ACT Relating to local food production; amending RCW 43.19.1906, 43.19.1911, 43.19.706, and 28B.10.029; reenacting and amending RCW 43.19.1905 and 28A.335.190; adding a new section to chapter 15.64 RCW; adding a new section to chapter 28A.235 RCW; adding new sections to chapter 15.04 RCW; adding a new section to chapter 43.41 RCW; creating new sections; and making appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1
(2) The legislature finds there is a direct correlation between
adequate nutrition and a child's development and school performance.
Children who are hungry or malnourished are at risk of lower
achievement in school. Improving the health of children is an
investment in a productive and successful next generation and in
reducing future health care costs for the state.
(3) The legislature further finds that adequate nutrition is also
necessary for the physical health of adults, and that communities have
limited access to fruits and vegetables and quality meat and dairy
products, a lack of which may lead to high rates of diet-related
diseases.
(4) The legislature believes that expanding market opportunities
for Washington farmers will preserve and strengthen local food
production and increase the already significant contribution that
agriculture makes to the state and local economies. Improving farmers'
access to local processing, storage, distribution, and other marketing
infrastructure will enhance their ability to meet consumer demand for
affordable locally produced and processed foods year-round.
(5) The legislature finds that in its procurement practices, the
state should further the objectives of its own heart of Washington
initiative, which was designed to increase demand for Washington food
and agricultural products.
(6) The legislature intends that the local farms-healthy kids and
communities act strengthen the connections between the state's
agricultural industry and the state's food procurement procedures in
order to expand local agricultural markets, improve the nutrition of
children and other at-risk consumers, and have a positive impact on the
environment.
NEW SECTION. Sec. 2 A new section is added to chapter 15.64 RCW
to read as follows:
(2) The farm-to-school program, in consultation as necessary with
the department of health, the office of the superintendent of public
instruction, the department of general administration, and Washington
State University shall, in order of priority:
(a) Coordinate the identification and development of policies and
procedures to implement and evaluate the program;
(b) Assist food producers, distributors, and food brokers to market
Washington products to schools by informing them of food procurement
opportunities, bid procedures, school purchasing criteria, and other
requirements;
(c) Assist school districts to connect with local producers by
informing them of the sources and availability of Washington grown
foods as well as the nutritional, environmental, and economic benefits
of purchasing Washington grown and produced foods;
(d) Identify and recommend mechanisms that will increase the
predictability of sales for producers and the adequacy of supply for
purchasers;
(e) Seek additional private and public sector funds to leverage
state resources;
(f) Identify and encourage the use of existing curricula, programs,
and publications, such as Washington agriculture in the classroom, that
educate students on the nutritional, environmental, and economic
benefits of preparing and consuming Washington grown foods, including
fresh fruits and vegetables;
(g) Support efforts to advance other farm-to-school connections
such as farmers markets on school grounds, school gardens, and
community supported agriculture; and
(h) As resources allow, seek additional private and public sector
funds to leverage state expenditures.
NEW SECTION. Sec. 3 A new section is added to chapter 28A.235
RCW to read as follows:
(2) For purposes of this section, "fresh fruit and vegetables"
includes perishable produce that is unprocessed, minimally processed,
flash frozen, or otherwise prepared and handled to maintain its fresh
nature while providing convenience to the user. Producing minimally
processed food involves cleaning, washing, cutting, or portioning.
(3) The program shall increase the number of school children with
access to Washington grown fresh fruits and vegetables and shall be
modeled after the United States department of agriculture fresh fruit
and vegetable program, as described in 42 U.S.C. Sec. 1769(g). Schools
receiving funds under the federal program are not eligible for grants
under the Washington grown fresh fruit and vegetable grant program.
(4)(a) To the extent that state funds are appropriated specifically
for this purpose, the superintendent of public instruction shall
solicit applications, conduct a competitive process, and make one or
two-year grants to a mix of urban and rural schools to enable eligible
schools to provide free locally grown fresh fruits and vegetables
throughout the school day.
(b) When evaluating applications and selecting grantees, the
superintendent of public instruction shall consider and prioritize the
following factors:
(i) The applicant's plan for ensuring the use of Washington grown
fruits and vegetables within the program;
(ii) The applicant's plan for incorporating nutrition and related
agricultural stewardship and environmental education into the
curriculum;
(iii) The applicant's plan for establishing partnerships with
state, local, and private entities to further the program's objectives,
such as helping the school acquire, handle, store, and distribute fresh
fruits and vegetables, and developing educational components around
nutrition and agricultural stewardship.
(5)(a) The office of the superintendent of public instruction shall
give funding priority to applicant schools with any of grades
kindergarten through eight that: Participate in the national school
lunch program and have fifty percent or more of their students eligible
for free or reduced price meals under the federal national school lunch
act, 42 U.S.C. Sec. 1751 et seq.
(b) If any funds remain after all eligible priority applicant
schools have been awarded grants, the office of the superintendent of
public instruction may award grants to applicant schools having less
than fifty percent of the students eligible for free or reduced price
meals.
(6) The superintendent of public instruction may adopt rules to
carry out the grant program.
(7) With assistance from the department of health, the
superintendent of public instruction shall develop and track specific,
quantifiable outcome measures of the grant program such as the number
of students served by the program and the dollar value of purchase
orders to local farmers resulting from the program. With assistance
from the department of agriculture, the office of the superintendent of
public instruction shall track the development of farm-to-school
partnerships that extend beyond the cafeteria.
Sec. 4 RCW 43.19.1905 and 2002 c 299 s 5 and 2002 c 285 s 1 are
each reenacted and amended to read as follows:
The director of general administration shall establish overall
state policy for compliance by all state agencies, including
educational institutions, regarding the following purchasing and
material control functions:
(1) Development of a state commodity coding system, including
common stock numbers for items maintained in stores for reissue;
(2) Determination where consolidations, closures, or additions of
stores operated by state agencies and educational institutions should
be initiated;
(3) Institution of standard criteria for determination of when and
where an item in the state supply system should be stocked;
(4) Establishment of stock levels to be maintained in state stores,
and formulation of standards for replenishment of stock;
(5) Formulation of an overall distribution and redistribution
system for stock items which establishes sources of supply support for
all agencies, including interagency supply support;
(6) Determination of what function data processing equipment,
including remote terminals, shall perform in statewide purchasing and
material control for improvement of service and promotion of economy;
(7) Standardization of records and forms used statewide for supply
system activities involving purchasing, receiving, inspecting, storing,
requisitioning, and issuing functions, including a standard
notification form for state agencies to report cost-effective direct
purchases, which shall at least identify the price of the goods as
available through the division of purchasing, the price of the goods as
available from the alternative source, the total savings, and the
signature of the notifying agency's director or the director's
designee;
(8) Screening of supplies, material, and equipment excess to the
requirements of one agency for overall state need before sale as
surplus;
(9) Establishment of warehouse operation and storage standards to
achieve uniform, effective, and economical stores operations;
(10) Establishment of time limit standards for the issuing of
material in store and for processing requisitions requiring purchase;
(11) Formulation of criteria for determining when centralized
rather than decentralized purchasing shall be used to obtain maximum
benefit of volume buying of identical or similar items, including
procurement from federal supply sources;
(12) Development of criteria for use of leased, rather than state
owned, warehouse space based on relative cost and accessibility;
(13) Institution of standard criteria for purchase and placement of
state furnished materials, carpeting, furniture, fixtures, and nonfixed
equipment, in newly constructed or renovated state buildings;
(14) Determination of how transportation costs incurred by the
state for materials, supplies, services, and equipment can be reduced
by improved freight and traffic coordination and control;
(15) Establishment of a formal certification program for state
employees who are authorized to perform purchasing functions as agents
for the state under the provisions of chapter 43.19 RCW;
(16) Development of performance measures for the reduction of total
overall expense for material, supplies, equipment, and services used
each biennium by the state;
(17) Establishment of a standard system for all state organizations
to record and report dollar savings and cost avoidance which are
attributable to the establishment and implementation of improved
purchasing and material control procedures;
(18) Development of procedures for mutual and voluntary cooperation
between state agencies, including educational institutions, and
political subdivisions for exchange of purchasing and material control
services;
(19) Resolution of all other purchasing and material matters which
require the establishment of overall statewide policy for effective and
economical supply management;
(20) Development of guidelines and criteria for the purchase of
vehicles, high gas mileage vehicles, alternate vehicle fuels and
systems, equipment, and materials that reduce overall energy-related
costs and energy use by the state, including investigations into all
opportunities to aggregate the purchasing of clean technologies by
state and local governments, and including the requirement that new
passenger vehicles purchased by the state meet the minimum standards
for passenger automobile fuel economy established by the United States
secretary of transportation pursuant to the energy policy and
conservation act (15 U.S.C. Sec. 2002);
(21) Development of goals for state use of recycled or
environmentally preferable products through specifications for products
and services, processes for requests for proposals and requests for
qualifications, contractor selection, and contract negotiations; and
(22) Development of food procurement procedures and materials that
facilitate the purchase of Washington grown food products by state
agencies and institutions, institutions of higher education, and the
common schools to the maximum extent practicable. As used in this
subsection, "Washington grown food" means substances or products used
by humans as food or drink that are planted, cultivated, harvested,
raised, or collected within the state of Washington.
Sec. 5 RCW 43.19.1906 and 2006 c 363 s 1 are each amended to read
as follows:
Insofar as practicable, all purchases and sales shall be based on
competitive bids, and a formal sealed, electronic, or web-based bid
procedure, subject to RCW 43.19.1911, shall be used as standard
procedure for all purchases and contracts for purchases and sales
executed by the state purchasing and material control director and
under the powers granted by RCW 43.19.190 through 43.19.1939. This
requirement also applies to purchases and contracts for purchases and
sales executed by agencies, including educational institutions, under
delegated authority granted in accordance with provisions of RCW
43.19.190 or under RCW 28B.10.029. However, formal sealed, electronic,
or web-based competitive bidding is not necessary for:
(1) Emergency purchases made pursuant to RCW 43.19.200 if the
sealed bidding procedure would prevent or hinder the emergency from
being met appropriately;
(2) Purchases not exceeding thirty-five thousand dollars, or
subsequent limits as calculated by the office of financial management:
PROVIDED, That the state director of general administration shall
establish procedures to assure that purchases made by or on behalf of
the various state agencies shall not be made so as to avoid the thirty-
five thousand dollar bid limitation, or subsequent bid limitations as
calculated by the office of financial management: PROVIDED FURTHER,
That the state purchasing and material control director is authorized
to reduce the formal sealed bid limits of thirty-five thousand dollars,
or subsequent limits as calculated by the office of financial
management, to a lower dollar amount for purchases by individual state
agencies if considered necessary to maintain full disclosure of
competitive procurement or otherwise to achieve overall state
efficiency and economy in purchasing and material control. Quotations
from three thousand dollars to thirty-five thousand dollars, or
subsequent limits as calculated by the office of financial management,
shall be secured from at least three vendors to assure establishment of
a competitive price and may be obtained by telephone or written
quotations, or both. The agency shall invite at least one quotation
each from a certified minority and a certified women-owned vendor who
shall otherwise qualify to perform such work. Immediately after the
award is made, the bid quotations obtained shall be recorded and open
to public inspection and shall be available by telephone inquiry. A
record of competition for all such purchases from three thousand
dollars to thirty-five thousand dollars, or subsequent limits as
calculated by the office of financial management, shall be documented
for audit purposes. Purchases up to three thousand dollars may be made
without competitive bids based on buyer experience and knowledge of the
market in achieving maximum quality at minimum cost;
(3) Purchases which are clearly and legitimately limited to a
single source of supply and purchases involving special facilities,
services, or market conditions, in which instances the purchase price
may be best established by direct negotiation;
(4) Purchases of insurance and bonds by the risk management
division under RCW 43.41.310;
(5) Purchases and contracts for vocational rehabilitation clients
of the department of social and health services: PROVIDED, That this
exemption is effective only when the state purchasing and material
control director, after consultation with the director of the division
of vocational rehabilitation and appropriate department of social and
health services procurement personnel, declares that such purchases may
be best executed through direct negotiation with one or more suppliers
in order to expeditiously meet the special needs of the state's
vocational rehabilitation clients;
(6) Purchases by universities for hospital operation or biomedical
teaching or research purposes and by the state purchasing and material
control director, as the agent for state hospitals as defined in RCW
72.23.010, and for health care programs provided in state correctional
institutions as defined in RCW 72.65.010(3) and veterans' institutions
as defined in RCW 72.36.010 and 72.36.070, made by participating in
contracts for materials, supplies, and equipment entered into by
nonprofit cooperative hospital group purchasing organizations;
(7) Purchases for resale by institutions of higher education to
other than public agencies when such purchases are for the express
purpose of supporting instructional programs and may best be executed
through direct negotiation with one or more suppliers in order to meet
the special needs of the institution;
(8) Purchases by institutions of higher education not exceeding
thirty-five thousand dollars: PROVIDED, That for purchases between
three thousand dollars and thirty-five thousand dollars quotations
shall be secured from at least three vendors to assure establishment of
a competitive price and may be obtained by telephone or written
quotations, or both. For purchases between three thousand dollars and
thirty-five thousand dollars, each institution of higher education
shall invite at least one quotation each from a certified minority and
a certified women-owned vendor who shall otherwise qualify to perform
such work. A record of competition for all such purchases made from
three thousand to thirty-five thousand dollars shall be documented for
audit purposes; ((and))
(9) Purchases by state agencies and institutions, and institutions
of higher education of Washington grown food products. However, under
this subsection the quality of available Washington grown food products
must be substantially equivalent or better than the quality of similar
food products that are not locally grown; a vendor must be able to
supply Washington grown food products in sufficient quantity; and the
price for the Washington grown food products must be reasonable and
able to be paid from the agency's existing budget without supplemental
appropriation. As used in this subsection, "Washington grown" has the
definition in RCW 43.19.1905; and
(10) Negotiation of a contract by the department of transportation,
valid until June 30, 2001, with registered tow truck operators to
provide roving service patrols in one or more Washington state patrol
tow zones whereby those registered tow truck operators wishing to
participate would cooperatively, with the department of transportation,
develop a demonstration project upon terms and conditions negotiated by
the parties.
Beginning on July 1, 1995, and on July 1 of each succeeding odd-numbered year, the dollar limits specified in this section shall be
adjusted as follows: The office of financial management shall
calculate such limits by adjusting the previous biennium's limits by
the appropriate federal inflationary index reflecting the rate of
inflation for the previous biennium. Such amounts shall be rounded to
the nearest one hundred dollars. However, the three thousand dollar
figure in subsections (2) and (8) of this section may not be adjusted
to exceed five thousand dollars.
Sec. 6 RCW 28A.335.190 and 2005 c 346 s 2 and 2005 c 286 s 1 are
each reenacted and amended to read as follows:
(1) When, in the opinion of the board of directors of any school
district, the cost of any furniture, supplies, equipment, building,
improvements, or repairs, or other work or purchases, except books,
will equal or exceed the sum of fifty thousand dollars, complete plans
and specifications for such work or purchases shall be prepared and
notice by publication given in at least one newspaper of general
circulation within the district, once each week for two consecutive
weeks, of the intention to receive bids and that specifications and
other information may be examined at the office of the board or any
other officially designated location: PROVIDED, That the board without
giving such notice may make improvements or repairs to the property of
the district through the shop and repair department of such district
when the total of such improvements or repair does not exceed the sum
of forty thousand dollars. The cost of any public work, improvement or
repair for the purposes of this section shall be the aggregate of all
amounts to be paid for labor, material, and equipment on one continuous
or interrelated project where work is to be performed simultaneously or
in close sequence. The bids shall be in writing and shall be opened
and read in public on the date and in the place named in the notice and
after being opened shall be filed for public inspection.
(2) Every purchase of furniture, equipment or supplies, except
books, the cost of which is estimated to be in excess of forty thousand
dollars, shall be on a competitive basis. The board of directors shall
establish a procedure for securing telephone and/or written quotations
for such purchases. Whenever the estimated cost is from forty thousand
dollars up to seventy-five thousand dollars, the procedure shall
require quotations from at least three different sources to be obtained
in writing or by telephone, and recorded for public perusal. Whenever
the estimated cost is in excess of seventy-five thousand dollars, the
public bidding process provided in subsection (1) of this section shall
be followed.
(3) Any school district may purchase goods produced or provided in
whole or in part from class II inmate work programs operated by the
department of corrections pursuant to RCW 72.09.100, including but not
limited to furniture, equipment, or supplies. School districts are
encouraged to set as a target to contract, beginning after June 30,
2006, to purchase up to one percent of the total goods required by the
school districts each year, goods produced or provided in whole or in
part from class II inmate work programs operated by the department of
corrections.
(4) Every building, improvement, repair or other public works
project, the cost of which is estimated to be in excess of forty
thousand dollars, shall be on a competitive bid process. Whenever the
estimated cost of a public works project is one hundred thousand
dollars or more, the public bidding process provided in subsection (1)
of this section shall be followed unless the contract is let using the
small works roster process in RCW 39.04.155 or under any other
procedure authorized for school districts. One or more school
districts may authorize an educational service district to establish
and operate a small works roster for the school district under the
provisions of RCW 39.04.155.
(5) The contract for the work or purchase shall be awarded to the
lowest responsible bidder as defined in RCW 43.19.1911 but the board
may by resolution reject any and all bids and make further calls for
bids in the same manner as the original call. On any work or purchase
the board shall provide bidding information to any qualified bidder or
the bidder's agent, requesting it in person.
(6) In the event of any emergency when the public interest or
property of the district would suffer material injury or damage by
delay, upon resolution of the board declaring the existence of such an
emergency and reciting the facts constituting the same, the board may
waive the requirements of this section with reference to any purchase
or contract: PROVIDED, That an "emergency", for the purposes of this
section, means a condition likely to result in immediate physical
injury to persons or to property of the school district in the absence
of prompt remedial action.
(7) This section does not apply to the direct purchase of school
buses by school districts and educational services in accordance with
RCW 28A.160.195.
(8) This section does not apply to the purchase of Washington grown
food products as provided in RCW 43.19.1906(9). As used in this
subsection, "Washington grown" has the definition in RCW 43.19.1905.
(9) At the discretion of the board of directors, a school district
participating in the child nutrition program may elect to conduct a
formal bidding process following the procedures outlined in this
section, and may elect to apply a five percent bidder preference to any
purchase of food where the order consists entirely of products grown or
processed in Washington.
Sec. 7 RCW 43.19.1911 and 2006 c 363 s 3 are each amended to read
as follows:
(1) Preservation of the integrity of the competitive bid system
dictates that after competitive bids have been opened, award must be
made to that responsible bidder who submitted the lowest responsive bid
pursuant to subsections (((7))) (8) and (((9))) (10) of this section,
unless there is a compelling reason to reject all bids and cancel the
solicitation.
(2) Every effort shall be made to anticipate changes in a
requirement before the date of opening and to provide reasonable notice
to all prospective bidders of any resulting modification or
cancellation. If, in the opinion of the purchasing agency, division,
or department head, it is not possible to provide reasonable notice,
the published date for receipt of bids may be postponed and all known
bidders notified. This will permit bidders to change their bids and
prevent unnecessary exposure of bid prices. In addition, every effort
shall be made to include realistic, achievable requirements in a
solicitation.
(3) In any solicitation for a food procurement contract, the
department of general administration shall require prospective bidders
to provide information detailing their ability, anticipated sources,
and plans to make Washington grown and processed foods available
through the contract.
(4) After the opening of bids, a solicitation may not be canceled
and resolicited solely because of an increase in requirements for the
items being acquired. Award may be made on the initial solicitation
and an increase in requirements may be treated as a new acquisition.
(((4))) (5) A solicitation may be canceled and all bids rejected
before award but after bid opening only when, consistent with
subsection (1) of this section, the purchasing agency, division, or
department head determines in writing that:
(a) Unavailable, inadequate, ambiguous specifications, terms,
conditions, or requirements were cited in the solicitation;
(b) Specifications, terms, conditions, or requirements have been
revised;
(c) The supplies or services being contracted for are no longer
required;
(d) The solicitation did not provide for consideration of all
factors of cost to the agency;
(e) Bids received indicate that the needs of the agency can be
satisfied by a less expensive article differing from that for which the
bids were invited;
(f) All otherwise acceptable bids received are at unreasonable
prices or only one bid is received and the agency cannot determine the
reasonableness of the bid price;
(g) No responsive bid has been received from a responsible bidder;
or
(h) The bid process was not fair or equitable.
(((5))) (6) The agency, division, or department head may not
delegate his or her authority under this section.
(((6))) (7) After the opening of bids, an agency may not reject all
bids and enter into direct negotiations to complete the planned
acquisition. However, the agency can enter into negotiations
exclusively with the lowest responsible bidder in order to determine if
the lowest responsible bid may be improved. Until December 31, 2009,
for purchases requiring a formal bid process the agency shall also
enter into negotiations with and may consider for award the lowest
responsible bidder that is a vendor in good standing, as defined in RCW
43.19.525. An agency shall not use this negotiation opportunity to
permit a bidder to change a nonresponsive bid into a responsive bid.
(((7))) (8) In determining the lowest responsible bidder, the
agency shall consider any preferences provided by law to Washington
products and vendors and to RCW 43.19.704, and further, may take into
consideration the quality of the articles proposed to be supplied,
their conformity with specifications, the purposes for which required,
and the times of delivery.
(((8))) (9) Each bid with the name of the bidder shall be entered
of record and each record, with the successful bid indicated, shall,
after letting of the contract, be open to public inspection. Bid
prices shall not be disclosed during electronic or web-based bidding
before the letting of the contract.
(((9))) (10) In determining "lowest responsible bidder", in
addition to price, the following elements shall be given consideration:
(a) The ability, capacity, and skill of the bidder to perform the
contract or provide the service required;
(b) The character, integrity, reputation, judgment, experience, and
efficiency of the bidder;
(c) Whether the bidder can perform the contract within the time
specified;
(d) The quality of performance of previous contracts or services;
(e) The previous and existing compliance by the bidder with laws
relating to the contract or services;
(f) In bids submitted for food procurement contracts, the bidder's
plan to source and offer locally grown food products; and
(g) Such other information as may be secured having a bearing on
the decision to award the contract: PROVIDED, That in considering bids
for purchase, manufacture, or lease, and in determining the "lowest
responsible bidder," whenever there is reason to believe that applying
the "life cycle costing" technique to bid evaluation would result in
lowest total cost to the state, first consideration shall be given by
state purchasing activities to the bid with the lowest life cycle cost
which complies with specifications. "Life cycle cost" means the total
cost of an item to the state over its estimated useful life, including
costs of selection, acquisition, operation, maintenance, and where
applicable, disposal, as far as these costs can reasonably be
determined, minus the salvage value at the end of its estimated useful
life. The "estimated useful life" of an item means the estimated time
from the date of acquisition to the date of replacement or disposal,
determined in any reasonable manner. Nothing in this section shall
prohibit any state agency, department, board, commission, committee, or
other state-level entity from allowing for preferential purchase of
products made from recycled materials or products that may be recycled
or reused.
Sec. 8 RCW 43.19.706 and 2002 c 166 s 2 are each amended to read
as follows:
(1) The department of general administration, through the state
purchasing and material control director, shall ((encourage)) require
each state and local agency doing business with the department to
purchase ((Washington fruit, vegetables, and agricultural)) locally
grown food products when available at a price, quantity, and quality
substantially equivalent or better than similar food products that are
not locally grown.
(2) ((The department of general administration shall work with the
department of agriculture and other interested parties to identify and
recommend strategies to increase public purchasing of Washington fruit,
vegetables, and agricultural products, and report back orally to the
appropriate committees of the legislature in September 2002, and in
January 2003)) By January 1, 2009, the department of general
administration shall review and, as necessary, modify the state's food
procurement materials and procedures to require the purchase of
Washington grown food products by state agencies and institutions, and
institutions of higher education to the maximum extent practicable and
allowed by law. Modifications shall be made to materials and
procedures including, but not limited to, product specifications,
solicitation processes, contractor selection criteria, and purchasing
guidelines.
Sec. 9 RCW 28B.10.029 and 2004 c 167 s 10 are each amended to
read as follows:
(1) An institution of higher education may exercise independently
those powers otherwise granted to the director of general
administration in chapter 43.19 RCW in connection with the purchase and
disposition of all material, supplies, services, and equipment needed
for the support, maintenance, and use of the respective institution of
higher education. Property disposition policies followed by
institutions of higher education shall be consistent with policies
followed by the department of general administration. Purchasing
policies and procedures followed by institutions of higher education
shall be in compliance with chapters 39.19, 39.29, and 43.03 RCW, and
RCW 43.19.1901, 43.19.1906, 43.19.1911, 43.19.1917, 43.19.1937,
43.19.534, 43.19.685, 43.19.700 through ((43.19.704)) 43.19.706, and
43.19.560 through 43.19.637. The community and technical colleges
shall comply with RCW 43.19.450. Except for the University of
Washington, institutions of higher education shall comply with RCW
43.41.310, 43.41.290, and 43.41.350. If an institution of higher
education can satisfactorily demonstrate to the director of the office
of financial management that the cost of compliance is greater than the
value of benefits from any of the following statutes, then it shall be
exempt from them: RCW 43.19.685; 43.19.534; and 43.19.637. Any
institution of higher education that chooses to exercise independent
purchasing authority for a commodity or group of commodities shall
notify the director of general administration. Thereafter the director
of general administration shall not be required to provide those
services for that institution for the duration of the general
administration contract term for that commodity or group of
commodities.
(2) The council of presidents and the state board for community and
technical colleges shall convene its correctional industries business
development advisory committee, and work collaboratively with
correctional industries, to:
(a) Reaffirm purchasing criteria and ensure that quality, service,
and timely delivery result in the best value for expenditure of state
dollars;
(b) Update the approved list of correctional industries products
from which higher education shall purchase; and
(c) Develop recommendations on ways to continue to build
correctional industries' business with institutions of higher
education.
(3) Higher education and correctional industries shall develop a
plan to build higher education business with correctional industries to
increase higher education purchases of correctional industries
products, based upon the criteria established in subsection (2) of this
section. The plan shall include the correctional industries'
production and sales goals for higher education and an approved list of
products from which higher education institutions shall purchase, based
on the criteria established in subsection (2) of this section. Higher
education and correctional industries shall report to the legislature
regarding the plan and its implementation no later than January 30,
2005.
(4) Institutions of higher education shall set as a target to
contract, beginning not later than June 30, 2006, to purchase one
percent of the total goods and services required by the institutions
each year produced or provided in whole or in part from class II inmate
work programs operated by the department of corrections. Institutions
of higher education shall set as a target to contract, beginning not
later than June 30, 2008, to purchase two percent of the total goods
and services required by the institutions each year produced or
provided in whole or in part from class II inmate work programs
operated by the department of corrections.
(5) An institution of higher education may exercise independently
those powers otherwise granted to the public printer in chapter 43.78
RCW in connection with the production or purchase of any printing and
binding needed by the respective institution of higher education.
Purchasing policies and procedures followed by institutions of higher
education shall be in compliance with chapter 39.19 RCW. Any
institution of higher education that chooses to exercise independent
printing production or purchasing authority shall notify the public
printer. Thereafter the public printer shall not be required to
provide those services for that institution.
NEW SECTION. Sec. 10 A new section is added to chapter 15.04 RCW
to read as follows:
(2) The department shall work with farmers markets and appropriate
associations to determine criteria for participation, ensuring that the
program serves a balance of rural and urban farmers markets. Criteria
for participation shall prioritize the following factors:
(a) The applicant farmers market's ability to complete required
paperwork and implement participation requirements;
(b) The applicant's location with regard to the number of residents
in the area who are using food stamps; and
(c) The applicant's ability to establish partnerships with local
public and private organizations to further local outreach and to
coordinate with existing programs through the department of social and
health services and the department of health.
NEW SECTION. Sec. 11 A new section is added to chapter 15.04 RCW
to read as follows:
(a) The percentage of the population suffering from hunger and food
insecurity;
(b) The existence and success of the local emergency food system;
(c) The potential to engage and contract with local farmers; and
(d) The capacity to leverage private sector funding and in-kind
contributions.
(2) Funds shall be used in pilot communities for the food bank
system to contract with local farmers to provide fruits, vegetables,
dairy, and meat products for distribution to low-income people at local
designated food banks.
NEW SECTION. Sec. 12 A new section is added to chapter 43.41 RCW
to read as follows:
NEW SECTION. Sec. 13 This act may be known and cited as the
local farms-healthy kids and communities act.
NEW SECTION. Sec. 14 Captions used in this act are not any part
of the law.
NEW SECTION. Sec. 15 (1)(a) The sum of two hundred fifty
thousand dollars, or as much thereof as may be necessary, is
appropriated for the fiscal year ending June 30, 2009, from the general
fund to the center for sustainable agriculture at Washington State
University.
(b) Funds shall be used by the center for research and to recommend
options for improving producer access to processing, packaging,
storage, distribution, and other cooperative marketing services to
improve consumer access to affordable, locally produced and processed
foods. The center shall work with relevant state agencies, commodity
commissions, agricultural associations, and other stakeholders and
shall present its findings and recommendations to the governor and the
legislature by June 30, 2009.
(2) The sum of five hundred thousand dollars, or as much thereof as
may be necessary, is appropriated for the fiscal year ending June 30,
2009, from the general fund to the department of health solely to
provide access to the women, infants and children farmers market
nutrition program for twenty-five thousand additional participants.
(3) The sum of two hundred thirty thousand dollars, or as much
thereof as may be necessary, is appropriated for the fiscal year ending
June 30, 2009, from the general fund to the department of social and
health services solely to provide access to the senior farmers market
nutrition program for five thousand additional participants.
(4) The sum of two hundred fifty thousand dollars, or as much
thereof as may be necessary, is appropriated for the fiscal year ending
June 30, 2009, from the general fund to the department of agriculture
solely for the purposes of section 10 of this act.
(5) The sum of three hundred thousand dollars, or as much thereof
as may be necessary, is appropriated for the fiscal year ending June
30, 2009, from the general fund to the department of agriculture for
the purposes of section 2 of this act.
(6) The sum of two million fifty thousand dollars, or as much
thereof as may be necessary, is appropriated for the fiscal year ending
June 30, 2009, from the general fund to the office of the
superintendent of public instruction for the purpose of providing
grants to at least seventy-five schools to enable them to participate
in the Washington grown fresh fruit and vegetable grant program as
described in section 3 of this act. No more than ninety-nine thousand
dollars of this amount may be used by the superintendent of public
instruction for program administration, including tracking and
evaluating the benefits of the program.
(7) The sum of nine hundred seventy-five thousand dollars, or as
much thereof as may be necessary, is appropriated for the fiscal year
ending June 30, 2009, from the general fund to the department of
community, trade, and economic development in coordination with the
department of agriculture for the purpose of implementing the farmers
to food banks pilot program in section 11 of this act. No more than
seventy-five thousand dollars of the total allocation may be used by
the department to administer the program.