Regular Session 2021-2022 House Bill 2317 P.N. 2695

PRINTER'S NO. 2695

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2317

Session of

2022

INTRODUCED BY SHUSTERMAN, HILL-EVANS, SCHLOSSBERG, GUENST,

KINSEY, SANCHEZ, MADDEN, N. NELSON, BRADFORD, DELLOSO,

T. DAVIS AND MERSKI, JANUARY 31, 2022

REFERRED TO COMMITTEE ON EDUCATION, JANUARY 31, 2022

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," providing for child and adult care

food supplement; and making an appropriation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding an

article to read:

ARTICLE XV-K

CHILD AND ADULT CARE FOOD PROGRAM SUPPLEMENT

Section 1501-K. Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department." The Department of Education of the

Commonwealth.

"Enrollee." An individual enrolled in a program-

participating facility and defined as eligible for the program

under section 17 of the National School Lunch Act (60 Stat. 230,

42 U.S.C. § 1766).

"Facility." An eligible care center, as defined under

section 17 of the National School Lunch Act, receiving

reimbursements for meals served to enrollees under the program.

"Program." The Child and Adult Care Food Program as

established in section 17 of the National School Lunch Act and

administered by the Federal and state agencies as provided by

law.

"Supplement." The Child and Adult Care Food Program

Supplement established in this article, which shall constitute

supplemental financial reimbursements under the program to

facilities for food that they serve to enrollees.

Section 1502-K. Establishment and administration of supplement.

(a) Establishment.--The Child and Adult Care Food Program

Supplement is established.

(b) Administration.--The department shall:

(1) Administer the supplement, which shall include, to

every extent possible, the coordination of financial

reimbursements with other State departments and agencies as

necessary.

(2) Develop rules and regulations necessary to

administer the supplement.

Section 1503-K. Appropriations.

(a) General rule.--Subject to subsection (b), the sum of

$30,000,000 is appropriated on an annual basis from the General

Fund to the department for the period beginning the first

October 1 after the effective date of this subsection, and each

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October 1 thereafter, and ending on the first subsequent

September 30, and each September 30 thereafter, for the purpose

of administering the supplement.

(b) Exception.--T he General Assembly may adjust the annual

amount specified under subsection (a) to take into account the

funding that the department projects as necessary as specified

in the annual report under section 1506-K.

Section 1504-K. Procedures.

(a) Applications.-- To implement the supplement during and

after the initial round of funding, the department shall request

applications for funding from facilities. Applications shall be

provided in electronic and physical form.

(b) Criteria.--The department may award a supplement to a

facility in accordance with the following:

(1) For the first round of funding for a facility, or in

the case of a facility that receives reimbursements under the

program but did not receive a supplement during the previous

year, the department shall award funding to the facility that

demonstrates the ability of the facility to:

(i) Better serve food to additional enrollees.

(ii) Do any of the following:

(A) If the facility is a nonprofit organization

or an emergency shelter, bolster its near-term and

long-term fiscal stability or provide for further

care and educational opportunities for its enrollees.

(B) If the facility is a for-profit

organization, provide for further care and

educational opportunities for its enrollees.

(2) If the facility received reimbursements in the

initial round of funding or received funding any year after

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through the supplement, the facility must demonstrate that

the supplemental financial reimbursements allowed, and will

continue to allow, the facility to:

(i) Better serve food to additional enrollees.

(ii) Do any of the following:

(A) If the facility is a nonprofit organization

or an emergency shelter, bolster its near-term and

long-term fiscal stability or provide for further

care and educational opportunities for its enrollees.

(B) If the facility is a for-profit

organization, provide for further care and

educational opportunities for its enrollees.

Section 1505-K. Priority in funding.

The department shall prioritize funding under the supplement

in a manner, as determined by the department, that maximizes the

number of enrollees who are fully nourished while in the care of

the facilities.

Section 1506-K. Annual report.

(a) General requirement.--No later than the June 1 following

the date of each appropriation under section 1503-K, the

department shall compile an annual report on the program and the

supplement.

(b) Submittal.--Each annual report shall be submitted to the

following:

(1) The Governor.

(2) The chairperson and minority chairperson of the

Aging and Youth Committee of the Senate.

(3) The chairperson and minority chairperson of the

Appropriations Committee of the Senate.

(4) The chairperson and minority chairperson of the

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Education Committee of the Senate.

(5) The chairperson and minority chairperson of the

Aging and Older Adult Services Committee of the House of

Representatives.

(6) The chairperson and minority chairperson of the

Appropriations Committee of the House of Representatives.

(7) The chairperson and minority chairperson of the

Children and Youth Committee of the House of Representatives.

(8) The chairperson and minority chairperson of the

Education Committee of the House of Representatives.

following:

(1) The number of facilities participating in the

program.

(2) The number of those facilities participating in the

supplement.

(3) The number of meals served through the program with

and without the supplement.

(4) A summary of the types of meals served to enrollees.

(5) The amount of money projected to be necessary during

the next year to allow all enrollees to receive nutritious

meals and snacks.

Section 2. This act shall take effect in 60 days.

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