Bill Text: NY S00423 | 2023-2024 | General Assembly | Amended

---

Bill Title: Permits a school food authority to attribute moneys spent on purchases of food products from New York state farmers, growers, producers or processors made for its school breakfast program to the thirty percent of costs for school breakfast and lunch service programs.

Spectrum: Slight Partisan Bill (Democrat 9-3)

Status: (Introduced) 2024-02-16 - PRINT NUMBER 423A [S00423 Detail]

Download: New_York-2023-S00423-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         423--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by Sens. HINCHEY, ADDABBO, BORRELLO, BROUK, CLEARE, JACKSON,
          ROLISON, SKOUFIS, WEBB -- read twice and  ordered  printed,  and  when
          printed  to  be committed to the Committee on Education -- recommitted
          to the Committee on Education in accordance with Senate Rule 6, sec. 8
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee

        AN  ACT to amend chapter 537 of the laws of 1976, relating to paid, free
          and reduced price breakfast for  eligible  pupils  in  certain  school
          districts,  in  relation  to  purchases of food products from New York
          state farmers, growers, producers or processors

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivisions  b  and c of section 5 of chapter 537 of the
     2  laws of 1976, relating to paid, free and  reduced  price  breakfast  for
     3  eligible  pupils in certain school districts, as amended by section 22-b
     4  of part A of chapter 56 of the laws of 2022,  are  amended  to  read  as
     5  follows:
     6    b.  Notwithstanding  any  monetary  limitations with respect to school
     7  lunch programs contained in any law  or  regulation,  for  school  lunch
     8  meals  served in the school year commencing July 1, 2022 and each July 1
     9  thereafter, a school food authority shall be eligible for a  lunch  meal
    10  State subsidy of twenty-five cents, which shall include any annual State
    11  subsidy received by such school food authority under any other provision
    12  of  State  law,  for  any  school  lunch meal served by such school food
    13  authority; provided that the school  food  authority  certifies  to  the
    14  Department  of Agriculture and Markets through the application submitted
    15  pursuant to subdivision c of this section that such food  authority  has
    16  purchased at least thirty percent of its total cost of food products for
    17  its  school  lunch service program from New York state farmers, growers,
    18  producers or processors in the preceding school year. Commencing July 1,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01355-03-4
        S. 423--A                           2

     1  2024, and each July 1 thereafter,  a  school  food  authority  shall  be
     2  allowed to attribute moneys spent on purchases of food products from New
     3  York state farmers, growers, producers or processors made for its school
     4  breakfast  program  to  the thirty percent of costs for school breakfast
     5  and lunch service programs.
     6    c. The Department of Agriculture and Markets in cooperation  with  the
     7  State Education Department, shall develop an application for school food
     8  authorities to seek an additional State subsidy pursuant to this section
     9  in  a  timeline and format prescribed by the commissioner of agriculture
    10  and markets. Such application shall include,  but  not  be  limited  to,
    11  documentation  demonstrating  the  school  food  authority's  total food
    12  purchases for its  school  breakfast  and  lunch  service  program,  and
    13  documentation demonstrating its total food purchases and percentages for
    14  such  program, permitted to be counted under this section, from New York
    15  State farmers, growers, producers or processors in the preceding  school
    16  year.  The application shall also include an attestation from the school
    17  food authority's chief operating officer  that  it  purchased  at  least
    18  thirty  percent  of  its  total  cost  of food products, permitted to be
    19  counted under this section, for its school breakfast and  lunch  service
    20  program from New York State farmers, growers, producers or processors in
    21  the  preceding  school  year  in order to meet the requirements for this
    22  additional State subsidy. School food authorities shall be  required  to
    23  annually  apply  for  this subsidy. After reviewing school food authori-
    24  ties' completed applications for an additional State subsidy pursuant to
    25  this section, the Department of Agriculture and Markets shall certify to
    26  the State Education Department the school food authorities approved  for
    27  such  additional  State subsidy and the State Education Department shall
    28  pay such additional State subsidy to such school food authorities.
    29    § 2. This act shall take effect immediately.