HOUSE BILL REPORT
E2SHB 2709
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Passed House:
February 19, 2008
Title: An act relating to locally grown foods.
Brief Description: Authorizing school districts to establish a price preference to purchase locally grown food.
Sponsors: By House Committee on App Subcom Ed (originally sponsored by Representatives Hurst, Pettigrew, Appleton, Sells, Green, Conway, Morrell, Anderson, Sullivan, Kenney, Schual-Berke, McIntire, Wood, Hudgins, Simpson, Goodman, VanDeWege, Ormsby and Rolfes).
Brief History:
Education: 2/1/08, 2/5/08 [DPS];
Appropriations Subcommittee on Education: 2/7/08 [DP2S(w/o sub ED)].
Floor Activity:
Passed House: 2/19/08, 95-0.
Brief Summary of Engrossed Second Substitute Bill |
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HOUSE COMMITTEE ON EDUCATION
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 9 members: Representatives Quall, Chair; Barlow, Vice Chair; Priest, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Haigh, Liias, Roach, Santos and Sullivan.
Staff: Cece Clynch (786-7195).
HOUSE COMMITTEE ON APPROPRIATIONS SUBCOMMITTEE ON EDUCATION
Majority Report: The second substitute bill be substituted therefor and the second substitute bill do pass and do not pass the substitute bill by Committee on Education. Signed by 17 members: Representatives Haigh, Chair; Sullivan, Vice Chair; Priest, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Barlow, Crouse, Fromhold, Haler, Herrera, Jarrett, Kagi, Kenney, Ormsby, Quall, Seaquist, Springer and Wallace.
Staff: Ben Rarick (786-7349).
Background:
Washington Agriculture Industry. Washington is a major agricultural state with 34,000 farms
operating on more than 15 million acres, producing at least 300 commercial crops and
livestock products valued at $6.4 billion. Washington ranks first in the United States for
production of 11 commodities, including apples, sweet cherries, pears, and red raspberries.
Growers' production ranks second in the United States for an additional eight commodities,
including potatoes, grapes, and onions.
School Meal Programs. The United States Department of Agriculture (USDA) administers
the National School Lunch Program (NSLP) and the School Breakfast Program (SBP). These
programs provide low-cost or free meals to students in grades K-12. Participating school
districts are given cash subsidies for the meals they serve as long as eligible children receive
reduced price or free meals and the meals meet federal nutritional requirements.
Currently, there are 277 public school districts in the state that participate in the NSLP and
the SBP. School districts also participate in other feeding programs administered by the
USDA, such as the Summer Food Service Program, the Special Milk Program, and the
Seamless Summer Feeding Program.
The USDA rules, which govern these entitlement programs, specifically prohibit the use of
statutorily or administratively imposed in-state or local geographic preferences in the
procurement process. The prohibition may be removed by Congress in the 2007 farm bill.
Summary of Engrossed Second Substitute Bill:
School districts may develop and implement policies and procedures, including preferences,
for the purpose of increasing procurement of Washington grown food. "Washington grown"
means grown and packed or processed in Washington.
The bill specifically provides that it does not apply to procurement of food by a school if it is
determined that compliance with this subsection would cause denial of federal monies or be
inconsistent with federal law.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed. However, the bill is null and void unless funded in the budget.
Staff Summary of Public Testimony: (Education)
(In support) This bill has two purposes, to preserve farmland and to provide nutritious food to
school children. Much farmland is being lost in Washington. This will help local farmers to
compete with food from overseas. The way it has been structured, it will not be contested as
contrary to trade agreements and will not run afoul of provisions which require that the
lowest bid be taken. This is not mandatory, but merely voluntary. Many school nutrition
directors have asked for something like this. Until there is federal legislation which will
permit local preferences such as are contemplated by this bill, it is helpful to have the
provision which specifically states that it does not apply to procurement of food by a school if
it is determined that compliance would not comport with federal law. The inclusion of the
PNWER in the definition of "locally grown food" may pose a problem since federal law
pertaining to these meal programs also has a "Buy American" component.
(Opposed) None.
Staff Summary of Public Testimony: (Appropriations Subcommittee on Education)
(In support) The Northwest Food Processors Association (NWFPA) supports this bill. It is
actually House Bill 2798, a bill that has a very similar subject matter, which the NWFPA is
concerned about. That bill includes a $5 million appropriation on it.
Persons Testifying: (Education) Representative Hurst, prime sponsor; and George Sneller, Office of the Superintendent of Public Instruction.
Persons Testifying: (Appropriations Subcommittee on Education) (In support) T.K. Bentler, Northwest Food Processors Association.