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PS 1079

Para crear la “Ley de la Corporación de Comedores Escolares”, cuya misión principal será establecer una operación integral y efectiva, respecto a procesos, productos y servicios e implantar un programa agresivo que planifique, organice y dirija las operaciones de los comedores escolares participantes, incluyendo escuelas públicas, privadas e instituciones sin fines de lucro; derogar la Ley Núm. 328 de 15 de abril de 1946, según enmendada, mediante la cual se creó la División de Comedores Escolares del Departamento de Educación de Puerto Rico; y para otros fines relacionados.

2025-2028 Session

Creates the Corporation of School Meals to consolidate and expand administration of all federal school nutrition programs, centralizing oversight and local sourcing.

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Bill Summary · PS 1079

Summary of PS 1079 (Session 2025-2028, Puerto Rico)

Purpose and Intent

PS 1079 proposes the creation of a new public entity called the Corporation of School Meals (Corporación de Comedores Escolares). Its central mission is to establish an integrated, efficient operation for school meal programs (including public schools, private schools, and nonprofit institutions), and to implement an aggressive program to plan, organize, direct, and supervise all participating dining operations. The bill also seeks to derogue the 1946 Law 328, which created the Division of School Meals within the Department of Education (DEPR).

Key stated motive:
- Past fragmentation between federal nutrition programs and Puerto Rico’s local administration has hindered effective operation and local agricultural integration.
- The new Corporation would be autonomous administratively and fiscally to improve service quality, efficiency, and compliance with federal and state nutrition rules.
- A major focus is addressing longstanding administrative and personnel gaps within the current system.

Key Provisions and Changes

  • Article 2 – Creation and Nature

    • Establishes the Corporation of School Meals as a public corporation separate from the central Puerto Rico government.
    • A seven-member Board of Directors (nominated by the Governor with Senate consent) will govern, appoint a Chief Executive Officer (CEO), and set regulations.
    • The Board may designate a President and a Vice President.

  • Article 3– Transfer of Functions and Personnel

    • Transfers all authority, personnel, funds, property, and programs related to the School Meals Authority from the DEPR to the new Corporation.

  • Article 4– Employee Rights

    • Employee rights, including tenure and benefits, are preserved for staff transferring from the DEPR.

  • Article 5– Purposes and Objectives

    • Administer eight federal nutrition programs, including: 1) School Breakfast Program (CFR 7 part 220) 2) National School Lunch Program (CFR 7 part 210) 3) Summer Food Service Program (CFR 7 part 225) 4) Child and Adult Care Food Program (CFR 7 part 226) 5) Federal Food Distribution Program (CFR 7 part 250) 6) Fresh Fruit and Vegetable Program (CFR 7 part 210, sec. 19) 7) Farm to School Program (HHFKA 2010, sec. 18) 8) Summer Electronic Benefit Transfer Program (CFR 7 part 292)
    • Promote local agricultural products and provide nutrition education.
    • Expand participation in nutrition programs.
    • Perform quarterly audits and ongoing monitoring to ensure regulatory compliance.
    • Establish strategic links with local producers and manage funds from state and federal sources, including private donations and potential self-generated revenue (e.g., nutrition consulting and education services).

  • Article 6– Board of Directors

    • Composition: 7 members; 4 with expertise in foods/nutrition (including distribution/marketing and food technology), and 3 with strong administrative experience (one with accounting/finance expertise).
    • Terms: staggered initial terms (2, 3, then 4 years; subsequent terms 5 years with Senate confirmation).
    • Quorum, meeting procedures, and compensation rules (directors do not receive salaries; modest per diem possible under specified limits).

  • Articles 7-8– Governance and Executive

    • Board sets policy, approves annual work plan and budget, authorizes contracts and audits, and appoints the CEO.
    • The CEO acts as the principal executive, oversees operations, can hire staff, and must report annually to the Board, the Governor, and the Legislature.

  • Article 9– Exemptions

    • The Corporation would be exempt from several Puerto Rico government-wide statutes and procurement laws, but it must adopt general rules, including a Personal Regulation and a Purchasing Regulation, under Uniform Administrative Procedure Law.

  • Article 11– Budget and Finances

    • Annual budget submitted to the Legislature via the Governor’s Office.
    • Funds may come from state appropriations, federal grants, private donations, and potential self-generated income.
    • Clear banking and disbursement controls; authority to advance funds safeguarded by bonds.

  • Article 14– Transfer of Property

    • Transferred assets from the DEPR’s School Meal division to the Corporation; federally funded assets remain restricted to their federally permitted uses.

  • Article 15– Derogation

    • Repeals Law 328 of April 15, 1946, and other incompatible laws.

  • Article 18– Effective Date and Transition

    • Effective upon approval; 18-month transition window for DEPR to transfer assets, liabilities, and personnel and for the Corporation to commence operations.

Affected Parties and Impacts

  • Public, private, and nonprofit schools participating in school meals programs.
  • Current DEPR employees assigned to the School Meals division.
  • Local farmers and food producers via the Farm to School and local sourcing provisions.
  • Federal and state program administrators and auditors who oversee nutrition program compliance.
  • General public (students and their families) through enhanced nutrition programs and potential improved service quality.

Procedural and Timeline Notes

  • Initial introduction and committee referrals occurred in February 2026.
  • The bill includes an 18-month transition period from enactment for asset transfer and operational startup.
  • If enacted, the Corporation would operate autonomously with annual reporting to the Legislature and Governor.

Compiled from official sources — confirm details with the bill’s official record.

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