PRIOR PRINTER'S NO. 3333
PRINTER'S NO. 3382
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2420
Session of
2024
INTRODUCED BY BURGOS, FRITZ, PASHINSKI, HILL-EVANS, JAMES,
HANBIDGE, HOHENSTEIN, SCHLOSSBERG, KINSEY, OTTEN, FREEMAN,
HOWARD, SANCHEZ, ZIMMERMAN, D. WILLIAMS, CURRY, BOYD, GREEN,
WAXMAN, TAKAC, SIEGEL, PARKER, RABB, COOK, FRIEL, SAPPEY,
KINKEAD, SHUSTERMAN, GIRAL, GALLAGHER, DELLOSO, BRENNAN,
MULLINS, BRIGGS, MAYES AND ABNEY, JUNE 13, 2024
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 25, 2024
AN ACT
Establishing the Keystone Fresh Program; providing for the Fresh
Schools Grant Program, for the Keystone Producer Grant
Program, for the Keystone Assistance Grant Program and for
the administration of the Keystone Fresh Program by the
Department of Education and the Department of Agriculture;
and establishing the Keystone Fresh Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Keystone
Fresh Act.
Section 2. Findings and declarations.
The General Assembly finds and declares as follows:
(1) Schools across Pennsylvania serve more than 157
million lunches per year, providing critical nutrients to
children across this Commonwealth. Due to the large volume of
food purchased to support nutrition programs, schools have
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the potential to be one of the largest markets for
agricultural producers across this Commonwealth. Farm to
School (FTS) programs encourage schools to purchase, promote
and serve local foods. Nationally, FTS programs have shown to
be an innovative strategy to improve child nutrition, with
research indicating students eat 37% more vegetables and 11%
more fruit. Pennsylvania has a long history of interest in
FTS programs, with 268 districts (44%) currently
participating in some level of farm-to-school activity.
According to the United States Department of Agriculture's
2019 Farm to School Census, more than 57% of Pennsylvania's
schools reported purchasing some Pennsylvania products, yet
those local food sales, excluding liquid milk, were only 8%
of their total lunch program budget.
(2) The purpose of this program is to meet Statewide
interest in increasing the amount of local food served in
school meals by helping to change school food procurement
practices, provide technical assistance and training for how
to integrate local foods in school meals and help
Pennsylvania producers access the school food market.
(3) Enacting the Keystone Fresh Act will provide State-
level investment to expand farm-to-school efforts and provide
economic, public health and community benefits for
Pennsylvanians.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
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"Eligible costs." The actual, documented costs of local
food, which are reimbursable with program grant funds, as
provided under sections 5, 6, 7 and 8.
"Eligible school district." A kindergarten through grade 12
school district or school in this Commonwealth with at least 100
students, operating the National School Lunch Program.
"Fund." The Keystone Fresh Fund established under section 9.
"Ineligible costs." Any costs that do not constitute
eligible costs for the purposes of the program, including, but
not limited to, any costs incurred by a school or school
district in the sourcing or purchasing of fluid dairy milk or in
association with the district's ordinary, unexpanded sourcing
and procurement of local food products at or below the baseline
levels identified in the district's grant application submitted
under section 5.
"Local food." Any fruits, vegetables, grains, meats, fish,
beans, yogurt and cheese that are grown, harvested or raised and
minimally processed products in this Commonwealth.
"Minimally processed products." Food products processed in a
manner that does not fundamentally alter the product and where
the product retains its inherent character and the primary item
can still be identified. The term includes, but is not limited
to, freezing, pasteurizing milk for use in yogurt or cheese,
butchering livestock and poultry, cleaning fish, dicing and
slicing produce, forming ground food products into patties,
grinding meats, grinding grains, drying grains or beans or
dehydrating food products and washing and cutting produce. Fully
cooked or canned items are not considered minimally processed
products.
"National School Lunch Program." The federally funded school
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lunch meal program operating in this Commonwealth's public and
nonprofit private schools.
"New and beginning farmer or rancher." A farmer or rancher
who has operated a farm or ranch for 10 years or less either as
a sole operator or with others who have operated a farm or ranch
for 10 years or less.
"Program." The Keystone Fresh Program established under
section 4.
"School food authority." The governing body responsible for
the administration of one or more schools that has the legal
authority to operate the National School Lunch Program.
"Socially disadvantaged group." A population group whose
members have been subjected to prejudice or discrimination on
the basis of race, color, national origin, age, disability or,
where applicable, sex, marital status, familial status, parental
status, religion, sexual orientation, genetic information,
political beliefs or participation in any public assistance
program, because of their membership in the group or the shared
characteristics of the group and without regard to their
individual qualities.
"Sustainable agriculture techniques." Agriculture practices
that include no-till and/or use of a cover crop system,
certified organic, regenerative organic practices, pastured
poultry and/or grass-fed meat.
"Value-added processed products." Food products altered from
their unprocessed or minimally processed state through
preservation techniques, including cooking, baking or canning.
"Veteran farmer or rancher."
(1) A producer who:
(i) served in the United States Army, Navy, Marine
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Corps, Air Force or Coast Guard, including the reserve
component thereof;
(ii) was released from service under conditions
other than dishonorable; and
(iii) (A) has not operated a farm or ranch;
(B) has operated a farm or ranch for not more
than 10 years; or
(C) who first obtained status as a veteran
during the most recent 10-year period.
(1) A PRODUCER WHO SERVED IN THE UNITED STATES ARMED
FORCES, INCLUDING A RESERVE COMPONENT OR THE NATIONAL GUARD,
AND WHO WAS DISCHARGED OR RELEASED FROM SERVICE UNDER
CONDITIONS OTHER THAN DISHONORABLE.
(2) A legal entity or joint operation can be a veteran
farmer or rancher only if all individual members
independently qualify.
Section 4. Establishment.
The Keystone Fresh Program is established within the
department in consultation with the Department of Agriculture.
Section 5. Fresh Schools Grant Program.
(a) Authorization.--The department, in consultation with the
Department of Agriculture, shall establish The THE Fresh Schools
Grant Program to award grants for the purpose of reimbursing
school food authorities for the purchase of local food to be
used in school meals.
(b) Eligibility.--An eligible school district may submit an
application to the department for grant funding.
(c) Evaluation of applicants.--The department shall develop
an application and evaluate applicants based on the readiness
level of a school food authority to purchase and serve local
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food in school meals by considering:
(1) The applicant's local foods purchasing plan in the
grant application.
(2) The applicant's ability to demonstrate a commitment
to local purchasing or food and agricultural education.
(3) The applicant's access to a kitchen with the ability
to store, prepare and serve local food products.
(4) That preference shall be given to applicants
sourcing from veteran farmers or ranchers, farmers or
ranchers who are from socially disadvantaged groups, new and
beginning farmers or ranchers or farmers or ranchers that use
sustainable agriculture techniques.
(d) Grant amounts.--The department shall award grants based
on student enrollment, as identified by the applicant in the
following amounts on an annual basis:
(1) Applicants with a student enrollment from 100 to
1,000 are eligible for an award from $16,500 to $45,000.
(2) Applicants with a student enrollment from 1,001 to
5,000 are eligible for an award from $35,000 to $120,000.
(3) Applicants with a student enrollment from 5,001 to
10,000 are eligible for an award from $85,000 to $200,000.
(4) Applicants with a student enrollment from 10,001 to
32,000 are eligible for an award from $100,000 to $275,000.
(5) Applicants with a student enrollment above 32,000
are eligible for an award from $200,000 to $650,000.
(e) Eligible use of grants.--A school district may use grant
awards for the following purposes:
(1) To purchase whole and minimally processed fruits,
vegetables, herbs, meat, seafood, yogurt, cheese, legumes and
grains that are 100% grown, raised or caught and processed in
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this Commonwealth.
(2) To purchase products that are 100% Pennsylvania
grown but processed in a neighboring state.
(3) No more than 20% of the total amounts awarded to the
school district may be used to support equipment upgrades,
materials, training and staff time directly related to
supporting the increased amount of local Pennsylvania
products served in school meals.
(4) Grant awards may only be used for school lunch,
breakfast or Seamless Summer Option program meals in school
settings.
(f) Ineligible use of grant awards.--School districts shall
not use grant awards to purchase fluid dairy milk for the
purposes of this program or any other ineligible costs.
(g) Reimbursement of eligible costs.--The department shall
reimburse school food authorities for eligible costs on an
annual basis with the following conditions:
(1) School food authorities shall submit invoices on a
timeline set by the department in order to be reimbursed for
their eligible costs under this section.
(2) The department may allow the school food authority
to apply for an extension to spend down unused money in the
following year.
(h) Reporting on use of grant awards.--The department shall
monitor the Fresh Schools Grant Program to ensure program
integrity. Grantees shall be required to include the following
information to request reimbursement:
(1) Products purchased.
(2) The name, location and total amount spent per farm,
either through receipts or uploading procurement details.
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Section 6. Keystone Producer Grant Program and Keystone
Assistance Grant Program.
(a) Authorization.--The Department of Agriculture, in
consultation with the department, shall establish the following
grant programs:
(1) The Keystone Producer Grant Program to award grants
for the purposes of providing funding to participating farms,
food hubs and local food aggregators for equipment and
marketing needed to participate in the program. Eligible
entities shall include individual farms, food hubs and local
food aggregators participating in the program.
(2) The Keystone Assistance Grant Program to award
technical assistance grants to assist school food authorities
with incorporating additional unprocessed products into their
lunch programs, including scratch cooking. Eligible entities
shall include nonprofits and institutions of higher education
located in this Commonwealth participating in the program.
(b) Eligible use of money.--The Department of Agriculture
shall allow grant awards outlined in this section for the
following purposes:
(1) Keystone Producer Grant Program awards may be used
for equipment or marketing needed by producers to meet the
school food institutional standards.
(2) Keystone Assistance Grant Program awards may be used
by awardees to assist school food authorities to incorporate
additional unprocessed products into their lunch programs,
including scratch cooking.
(c) Grant awards.--The Department of Agriculture, in
consultation with the department, shall develop an application
and process for awarding grants outlined in this section that
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includes the following requirements and considerations:
(1) Preference shall be given to applicants sourcing
from or working with veteran farmers or ranchers, farmers or
ranchers who are from socially disadvantaged groups, new and
beginning farmers or ranchers or farmers or ranchers that use
sustainable agriculture techniques.
(2) Grantees shall be eligible to apply for one of the
grants outlined in this section per grant cycle.
(d) Grant amounts.--Subject to the availability of money
under section 9, the Department of Agriculture shall determine
the amount of each grant in this section with the maximum award
amount not to exceed $150,000 per grantee.
Section 7. Administration.
(a) Department administration.--For the purposes of carrying
out this act and subject to the availability of money under
section 9, the department shall receive necessary money from the
fund to cover administrative costs incurred in establishing the
program and commencing initial program operations under this
act, including, but not limited to, the costs associated with:
(1) Hiring and employing of at least one full-time staff
person and other personnel necessary for the administration
and management of the programs established in this act and
providing relevant program-related information and assistance
to eligible school districts.
(2) Developing requests for proposals, reviewing
applications and administering disbursements to grant
recipients.
(3) Acquiring, maintaining and repairing relevant
technology, equipment and computer programs needed to
establish, implement and successfully operate this act and
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facilitate the annual pro rata allocation, awarding and
periodic disbursement of program grant funding available.
(4) Monitoring and developing reports related to the
Fresh Schools Grant Program, including, but not limited to,
program implementation and operations, program funding and
program-related activities and outcomes.
(b) Department of Agriculture administration.--For the
purposes of carrying out this act and subject to the
availability of money under section 9, the Department of
Agriculture shall receive necessary money from the fund to cover
administrative costs incurred in establishing the program and
commencing initial program operations under this act, including,
but not limited to, the costs associated with:
(1) Hiring and employing at least one full-time staff
person and other personnel, as may be necessary to administer
and manage the grants in section 6 and provide relevant
program-related information to producers, farmers and
entities providing technical assistance.
(2) Developing requests for proposals, reviewing
applications and administering disbursements to grant
recipients.
(3) Conducting outreach and providing appropriate
training to farmers who are engaged or who plan to engage in
the sale or donation of local food products to schools and
school districts for program purposes.
(4) Developing a resource-rich farm-to-school Internet
website that includes, at a minimum, the following
information:
(i) A list of farms that have served an eligible
school district.
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(ii) Materials listed below, divided into sections:
(A) School meal operators. The following
information shall be included:
(I) Buying local foods.
(II) Preparing local foods.
(III) Promoting local school meals.
(B) Agricultural producers. The following
information shall be included:
(I) Understanding school market channels.
(II) Best practices for selling to eligible
school districts.
(III) Promoting local foods to eligible
school districts.
(C) School and community members. The following
information shall be included:
(I) Insights into school meal programs.
(II) Engaging with school meal programs.
(D) Sample menus incorporating local products.
(E) Recipes using local products.
(F) Marketing materials for local food in
cafeterias.
(5) Monitoring and developing reports related to the
grants established in section 6, including, but not limited
to, program implementation and operations, program funding
and program-related activities and outcomes.
Section 8. External evaluations.
(a) External review.--The department, in consultation with
the Department of Agriculture, shall biennially contract with an
eligible entity to conduct an external review to evaluate the
effectiveness and efficacy of the components of this act.
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(b) Reviewers.--Eligible entities to conduct external
reviews shall include nonprofit organizations and academic
institutions as determined by the department.
(c) Report.--External evaluations shall include, at a
minimum:
(1) Outcomes of the overall grant program, including the
dollar amount spent on local products, the purchasing impact
on various agricultural sectors as determined by the
Department of Agriculture and changes in values-based
purchasing behavior.
(2) Guidance to the department and the Department of
Agriculture on areas of success and areas in need of
improvement to increase local food procurement.
(3) A report to be transmitted to the members of the
General Assembly and made available to the public on a
publicly accessible Internet website.
Section 9. Establishment of Keystone Fresh Fund.
(a) Fund established.--The Keystone Fresh Fund is
established, which shall be an interest-bearing restricted
revenue account, in which shall be deposited money as it is
appropriated, given, granted or donated to the Fresh Schools
Grant Program, the Keystone Producer Grant Program and the
Keystone Assistance Grant Program, by the Federal Government,
the Commonwealth or any other governmental or private agency or
person.
(b) Use of fund.--Money deposited into the fund and interest
earned on the money deposited into the fund shall be used solely
for the purpose of carrying out the provisions of this act, with
the following requirements:
(1) No less than 60% of money deposited into the fund
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shall be appropriated for the grants established in section
5.
(2) No less than 25% of money deposited into the fund
shall be appropriated to cover the costs incurred by the
department and the Department of Agriculture in carrying out
the provisions of sections 6 and 7.
(3) No less than $250,000 of money deposited into the
fund shall be reserved every two years for the purpose of
carrying out the biennial external evaluations provided for
in section 8.
Section 10. Effective date.
This act shall take effect as follows:
(1) Sections 5, 6 and 8 shall take effect in 245 days.
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect in 180
days.
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