SB 499-FN - AS AMENDED BY THE SENATE
02/15/2024 0563s
03/21/2024 1230s
2024 SESSION
24-2907
05/10
SENATE BILL 499-FN
AN ACT relative to reduction of hunger for children, older adults, and people with disabilities.
SPONSORS: Sen. Whitley, Dist 15; Sen. D'Allesandro, Dist 20; Sen. Ricciardi, Dist 9; Sen. Fenton, Dist 10; Sen. Rosenwald, Dist 13; Sen. Prentiss, Dist 5; Sen. Soucy, Dist 18; Sen. Perkins Kwoka, Dist 21; Sen. Altschiller, Dist 24; Sen. Carson, Dist 14; Sen. Watters, Dist 4; Sen. Chandley, Dist 11; Rep. Bordes, Belk. 5; Rep. Brennan, Merr. 9; Rep. McMahon, Rock. 17; Rep. Simpson, Rock. 33; Rep. Wolf, Merr. 7
COMMITTEE: Health and Human Services
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ANALYSIS
This bill directs the department of education to expand options for free and reduced priced meals to students and directs the department of health and human services to implement a summer EBT program to provide assistance to families with children eligible for free and reduced price meals over the summer. The bill also directs the department of health and human services to participate in the elderly simplified application project within the Supplemental Nutrition Assistance Program to provide food assistance to eligible older adults and people with disabilities.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/15/2024 0563s
03/21/2024 1230s 24-2907
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to reduction of hunger for children, older adults, and people with disabilities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Schools; Food and Nutrition Programs. Amend RSA 189:11-a, I to read as follows:
I.(a) Each school board shall make [at least one meal] breakfast and lunch available during school hours to every pupil under its jurisdiction, unless otherwise provided by law. Such meals shall be served without cost or at a reduced cost to any child who meets federal income eligibility guidelines. The state board of education shall ensure compliance with this section and shall establish minimum nutritional standards for such meals as well as income guidelines set for the family size used in determining eligibility for free and reduced price meals. [Nothing in this section shall prohibit the operation of both a breakfast and lunch program in the same school.]
(b) The department of education shall reimburse school districts for the initial costs for equipment necessary to implement an alternative breakfast delivery service that provides breakfast after the start of the school day, such as, but not limited to carts, mobile refrigeration, and storage.
(c) An "alternative breakfast delivery service" shall be defined as, but not limited to, a service that provides breakfast after the start of the school day and before any lunch period begins for students at that public school.
(d) Reimbursement for the breakfast after the bell program described in this paragraph shall be available to school districts in which 40 percent or more of the student body are eligible for free or reduced price meals.
2 Schools; Food and Nutrition Programs. Amend RSA 189:11-a, VII to read as follows:
VII.(a) Each school district [which participates] shall participate in the National School Breakfast Program unless the school district implements its own breakfast program or less than 10 percent of enrolled pupils are eligible for free or reduced price lunch in the last academic year, according to the department of education’s statistics. Each school district shall maintain annual statistics on the number of breakfast meals served to pupils.
(b) Each school district that participates in the National School Lunch Program shall maintain annual statistics on the number of lunch meals served to pupils.
(c) Such school which demonstrates to the department of education that an approved school wellness policy, as required under the Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296, and the Richard B. Russell National School Lunch Act, 42 U.S.C. section 1758b is in effect, and that such school is providing breakfast meals to pupils that meet or exceed the United States Department of Agriculture's child nutrition criteria may apply for and receive a 3 cent reimbursement for each breakfast meal served to a pupil and an additional 27 cent reimbursement for each meal served to students eligible for a reduced price meal. The department of education shall request biennial appropriations in an amount sufficient to meet projected school breakfast reimbursements to ensure students eligible for reduced price meals are offered breakfast at no cost. The department of education shall prescribe forms as necessary under this paragraph.
(d) Such school which demonstrates to the department of education that an approved school wellness policy, as required under the Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296, and the Richard B. Russell National School Lunch Act, 42 U.S.C. section 1758b is in effect, and that such school is providing lunch meals to pupils that meet or exceed the United States Department of Agriculture's child nutrition criteria may apply for and receive a reimbursement for each lunch meal served to a pupil and an additional reimbursement for each meal served to students eligible for a reduced price meal. The department of education shall request biennial appropriations in an amount sufficient to meet projected school lunch reimbursements to ensure students eligible for reduced price meals are offered lunch at no cost. The department of education shall prescribe forms as necessary under this paragraph.
3 New Paragraphs; Schools; Food and Nutrition Programs. Amend RSA 189:11-a by inserting after paragraph VIII the following new paragraphs:
IX. The department of education shall adopt rules under RSA 541-A requiring school districts to offer online and physical free or reduced price school meals applications. The rules shall not prevent school districts from offering other innovative ways to distribute or collect free or reduced price meal applications, in addition to offering online and physical free or reduced price school meals applications.
(a) The department of education shall provide administrative or technical assistance to school districts establishing an online application for free or reduced price school meals and shall include in its biennial budget request under RSA 9:4, funding for costs associated with providing such assistance.
(b) For the biennium ending June 30, 2027, the department of education shall include in its biennial budget request under RSA 9:4, funding for school districts to purchase software to create an online application for free or reduced price school meals.
X. Notwithstanding any provision of law, rule, or regulation to the contrary, there is established a pilot program for school districts with an identified student population above 35 percent. Beginning with the 2024 - 2025 school year and each school year thereafter, for each breakfast and lunch meal that is served at a school participating in the federal community eligibility provision program that is reimbursed at the federal reimbursement rate for a paid meal, the department shall reimburse the school food authority the difference between (a) the combined state and federal reimbursement rate for a paid meal for the current school year and (b) the combined state and federal reimbursement rate for a free meal for the current school year, provided that the total reimbursement rate for each meal served shall equal the combined state and federal reimbursement rate for a free meal for the current school year.
4 New Paragraphs; Human Service; Summer EBT and Elderly Simplified Application. Amend RSA 161:2 by inserting after paragraph XIII-b the following new paragraphs:
XIII-c. Summer EBT. The department shall apply for and meet all deadlines to participate in the federal Summer EBT program so that families whose children are eligible for free and reduced price meals can receive benefits on an EBT card in the summer. The department shall include in its biennial budget request under RSA 9:4 funding for any administrative costs related to administering the federal Summer EBT program.
XIII-d. Elderly Simplified Application. The department shall apply for and participate in the elderly simplified application project within the Supplemental Nutrition Assistance Program. The department shall include in its biennial budget request under RSA 9:4 funding for any administrative costs related to administering Summer EBT and the SNAP Elderly Simplified Application.
I. For the purpose of funding RSA 189:11-a, I, as inserted by section 1 of this act, relative to the breakfast after the bell program, the sum necessary to fund the program is hereby appropriated to the department of education for the biennium ending June 30, 2025, for distribution to eligible school districts. Of this amount, the governor shall determine if any remaining discretionary funds appropriated in the American Rescue Plan Act of 2021, Public Law 117-2 or any other federal funds can be used for this purpose and any remainder, not to exceed $1, shall be general funds. The governor is authorized to draw a warrant for the general fund share of said sum out of any money in the treasury not otherwise appropriated.
II. For the purpose of funding RSA 189:11-a, VII(a), (b), and (c) as inserted by section 2 of this act, the sum necessary to fund the program is hereby appropriated to the department of education for the biennium ending June 30, 2025. Of this amount, the governor shall determine if any remaining discretionary funds appropriated in the American Rescue Plan Act of 2021, Public Law 117-2 or any other federal funds can be used for this purpose and any remainder, not to exceed $1, shall be general funds. The governor is authorized to draw a warrant for the general fund share of said sum out of any money in the treasury not otherwise appropriated.
III. For the purpose of funding RSA 189:11-a, VII(d) as inserted by section 2 of this act, the sum necessary to provide school reimbursement for the free and reduced priced meal program is appropriated to the department of education for the biennium ending June 30, 2025. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
IV. For the purpose of funding RSA 189:11-a, IX and X as inserted by section 3 of this act, the sum necessary to fund the program is hereby appropriated to the department of education for the biennium ending June 30, 2025. Of this amount, the governor shall determine if any remaining discretionary funds appropriated in the American Rescue Plan Act of 2021, Public Law 117-2 or any other federal funds can be used for this purpose and any remainder, not to exceed $1, shall be general funds. The governor is authorized to draw a warrant for the general fund share of said sum out of any money in the treasury not otherwise appropriated.
V. For the purpose of funding RSA 161:2, XIII-c and XIII-d, as inserted by section 4 of this act, relative to participation in the summer EBT program and the elderly simplified application for SNAP, the sum necessary to fund the programs is appropriated to the department of health and human services for the biennium ending June 30, 2025. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
6 Contingency. Should the appropriations for RSA 189:11-a, I enumerated in section 5, paragraph I, 189:11-a, VII(a), (b), and (c) enumerated in section 5, paragraph II, or 189:11-a, IX and X enumerated in section 5, paragraph IV, be insufficient to fund the directives of the aforementioned paragraphs as amended, the department of education may suspend implementation of said paragraphs.
I. Section 5, paragraph I of this act shall take effect June 30, 2024.
II. The remainder of this act shall take effect July 1, 2024.
24-2907
Amended 4/18/24
SB 499-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2024-1230s)
AN ACT relative to reduction of hunger for children, older adults, and people with disabilities.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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| |||||
Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures | $0 | $1,656,107 general funds; indeterminable federal funds | Indeterminable Increase | Indeterminable Increase | ||
Funding Source(s) | General Fund Federal Funds | |||||
Appropriations | $0 | $1,656,107 General Funds/ Indeterminable Federal Funds | $0 | $0 | ||
Funding Source(s) | General Fund Federal Funds | |||||
• Does this bill provide sufficient funding to cover estimated expenditures? [X] See Below • Does this bill authorize new positions to implement this bill? [X] No | ||||||
| ||||||
Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | $0 | $0 | $0 | $0 | ||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | ||
METHODOLOGY:
This bill directs the Department of Education to expand options for free and reduced price meals to students. One such provision (the reduced price lunch program established by RSA 189:11-a, VII(d), found in section 2 of the bill) is to be funded by state general funds, and the bill contains an open warrant for the amount necessary to fund the program in FY25. (As noted below, the Department estimates this amount at $499,104.) The remaining provisions contain general fund appropriations of $1, with the remainder funded by federal funds. Section 6 of the bill states that should the appropriations be insufficient, the Department may suspend implementation of the programs.
Assuming the programs are fully implemented, the Department anticipates a need for three new positions (all Program Specialist IV, labor grade 25, starting at step 5). The table below shows the anticipated state share of the costs, and does not account for any matching federal costs. As noted above, the bill effectively assumes that federal funds will be available to fund the state share, and allows the Department to suspend implementation of the programs if such funds are not available.
| FY25 |
| FY26 | FY27 |
| Cost | Contains Appropriation? |
|
|
Positions | $351,000 | No explicit appropriation made; could theoretically be funded by appropriations below | $345,000 | $357,000 |
Breakfast After the Bell* | $3,720,000 | $1 general funds; open warrant federal funds (Section 5, I) | Indeterminable | Indeterminable |
Breakfast Program; Statistics for Breakfast/Lunch | Indeterminable | $1 general funds; open warrant federal funds (Section 5, II) | Indeterminable | Indeterminable |
Reduced Price Lunch | $499,104 | Open warrant general funds (Section 5, III) | $499,104 | $499,104 |
Online Applications | Indeterminable |
$1 general funds; open warrant federal funds (Section 5, IV) | Indeterminable | Indeterminable |
Breakfast and Lunch for Community Eligibility Provision (CEP) Participating Schools | $7,618,257 | $7,618,257 | $7,618,257 | |
State Share Total: | $12,188,361+ | $499,107 | $8,462,361+ | $8,474,361+ |
The Department states that the bill's impact on local expenditures is indeterminable. Anticipated start-up costs include the following:
In addition to the impacts on the educational system, the bill requires the Department of Health and Human Services to implement a summer electronic benefits transfer (EBT) program to provide assistance to families eligible for free and reduced price meals over the summer. The bill also directs the Department to participate in the elderly simplified application project within the Supplemental Nutrition Assistance Program to provide food assistance to older adults and people with disabilities. The Department expects there to be substantial startup costs for the systems changes necessary to implement a summer EBT program. The estimates below reflect only the state share of costs. (These costs will be matched by an equivalent amount of federal funds.) As indicated in the table, the bill contains an open-ended appropriation in FY25 for the amount necessary to fund the programs.
| FY25 |
| FY26 | FY27 |
| Cost | Contains Appropriation? |
|
|
Position Costs | $177,000 |
| $177,000 | $183,000 |
EBT Costs* | $165,000 | Open warrant | $82,500 | $82,500 |
Vendor Costs | $55,000 | (Section 5, V) | $0 | $0 |
RMS Costs | $7,500 |
| $0 | $0 |
System Costs** | $752,500 |
| $0 | $0 |
State Share Total: | $1,157,000 | $1,157,000 | $259,500 | $265,500 |
*FY25 cost reflects both the temporary EBT program and the first year of the permanent EBT program.
**Costs reflect those needed to set up the following: temporary EBT, permanent EBT, and elderly simplified application.
AGENCIES CONTACTED:
Department of Education and Department of Health and Human Services
| Date | Amendment |
|---|---|
| Feb. 8, 2024 | 2024-0563s |
| March 19, 2024 | 2024-1230s |
| Date | Body | Type |
|---|---|---|
| Jan. 3, 2024 | Senate | Hearing |
| Feb. 15, 2024 | Senate | Floor Vote |
| Feb. 15, 2024 | Senate | Floor Vote |
| March 21, 2024 | Senate | Floor Vote |
| April 17, 2024 | House | Hearing |
April 17, 2024: Division III Work Session: 04/29/2024 01:00 pm LOB 210-211
April 24, 2024: Division II Work Session: 04/29/2024 10:00 am LOB 209
April 24, 2024: ==CANCELLED== Division II Work Session: 04/29/2024 10:00 am LOB 209
April 17, 2024: Division III Work Session: 04/29/2024 01:00 pm LOB 210-211
April 17, 2024: Division III Work Session: 04/23/2024 01:00 pm LOB 210-211
April 11, 2024: Public Hearing: 04/17/2024 02:30 pm LOB 210-211
April 4, 2024: Vacated and Referred to Finance (Rep. Ladd): MA VV (in recess of) 03/28/2024 HJ 10
April 3, 2024: Introduced (in recess of) 03/28/2024 and referred to Education HJ 10
March 21, 2024: Ought to Pass with Amendment 2024-1230s, MA, VV; OT3rdg; 03/21/2024; SJ 7
March 21, 2024: Committee Amendment # 2024-1230s, AA, VV; 03/21/2024; SJ 7
March 19, 2024: Committee Report: Ought to Pass with Amendment # 2024-1230s, 03/21/2024, Vote 7-0; SC 11A
Feb. 15, 2024: Ought to Pass with Amendment 2024-0563s, MA, VV; Refer to Finance Rule 4-5; 02/15/2024; SJ 4
Feb. 15, 2024: Committee Amendment # 2024-0563s, AA, VV; 02/15/2024; SJ 4
Feb. 9, 2024: Committee Report: Ought to Pass with Amendment # 2024-0563s, 02/15/2024; Vote 5-0; CC; SC 7
Feb. 8, 2024: Committee Report: Ought to Pass with Amendment #2024-0563s, 02/15/2024; Vote 5-0; CC; SC 7
Dec. 15, 2023: Hearing: 01/03/2024, Room 101, LOB, 01:30 pm; SC 49
Dec. 13, 2023: To Be Introduced 01/03/2024 and Referred to Health and Human Services; SJ 1