Senate Bill S423A

2023-2024 Legislative Session

Relates to eligible purchases by school breakfast and lunch service programs receiving additional state subsidies

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Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 16, 2024	print number 423a
Feb 16, 2024	amend and recommit to education
Jan 03, 2024	referred to education
Jan 04, 2023	referred to education

Bill Amendments

Original

A (Active)

co-Sponsors

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2023-S423 - Details

See Assembly Version of this Bill:: A870
Current Committee:: Senate Education
Law Section:: Education
Laws Affected:: Amd §5, Chap 537 of 1976
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7847, A10320
2021-2022: S4315, A4820
2025-2026: S591, A839

2023-S423 - Summary

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.

2023-S423 - Sponsor Memo

                                 
BILL NUMBER: S423

SPONSOR: HINCHEY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation Is to increase school district partic-
ipation in, and .eligibility for, the school lunch reimbursement for
purchase of New York farm-fresh f9POS

 
SUMMARY OF PROVISIONS:

Section one amends unconsolidated law to authorize schools, commencing
July 1, 2020 and every year thereafter, to attribute moneys spent on
purchases of food products from New York state farmers, growers produc-
ers or processors made for Its.school breakfast program to the thirty

percent of costs required to receive reimbursement for school lunch
service programs.

Section two provides the effective date.

 
EXISTING LAW:

Currently, schools are eligible to receive an additional $.25 reimburse-
ment for school lunches that include at least thkty percent food
products from New York state farmers, growers, producers or processors.

 
JUSTIFICATION:

The reimbursement for school lunches was added in 2018 to encourage the
purchase of fresh, healthy, and whole or minimally-processed foods to
support the health and nutritional well-being of school children while
also supporting New York farms. In addition, at a time when dairy farm-
ers in New York are struggling, lidding this incentive would provide
them with much-needed support and give our children access to higher
quality products.

This program includes a $10 million appropriation through the State
Education Budget Up to this point, only 49 school districts across the
state qualified for the incentive, and upon audit, only 7 school
districts were actually approved. This language change will give schools
access to this already allocated funding, which has not yet been fully
utilized, and 'significantly expand the benefits of this valuable
program to more schools.

One of the biggest Impediments to qualifying for the Incentive is that
lunch is the only meal that can be counted toward the 30 percent thresh-
old. This means that milk, 'yogurt, :cheese, and; fresh fruit served at
school breakfast do not count, even though we know that this is one of
the most important meals of the day 'for children. Not only win this
Change expand account to healthy, nutritious foods for our school chil-
dren but would also discourage the perverse incentive schools currently

have to procure unnecessarily more expensive foods in order to meet the
required 30 percent threshold.

According to Hunger Solutions"New York, 4,912 schools across the state
Offer lunch programs serving over one million students with 1,562 school
also offering free breakfast to Over5t0,000,children,: We are falling
very short of serving these children with healthy, locally grown, and
sourced foods. We can make this incentive a win-win for our school chil-
dren and New York farmers and food produtera with the addition of break-
fast to that incentive.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S7847 EDUCATION / A10320 education

2021-2022: S4315 Referred to Education

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
Immediate.

2023-S423 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    423
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sens. HINCHEY, ADDABBO, BORRELLO, BROUK, JACKSON, SKOUFIS
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Education
 
 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:
 
   Section 1. Subdivisions b and c of section 5 of  chapter  537  of  the
 laws  of  1976,  relating  to paid, free and reduced price breakfast for
 eligible pupils in certain school districts, as amended by section  22-b
 of  part  A  of  chapter  56 of the laws of 2022, are amended to read as
 follows:
   b. Notwithstanding any monetary limitations  with  respect  to  school
 lunch  programs  contained  in  any  law or regulation, for school lunch
 meals served in the school year commencing July 1, 2022 and each July  1
 thereafter,  a  school food authority shall be eligible for a lunch meal
 State subsidy of twenty-five cents, which shall include any annual State
 subsidy received by such school food authority under any other provision
 of State law, for any school lunch  meal  served  by  such  school  food
 authority;  provided  that  the  school  food authority certifies to the
 Department of Agriculture and Markets through the application  submitted
 pursuant  to  subdivision c of this section that such food authority has
 purchased at least thirty percent of its total cost of food products for
 its school lunch service program from New York state  farmers,  growers,
 producers or processors in the preceding school year. COMMENCING JULY 1,
 2023,  AND  EACH  JULY  1  THEREAFTER,  A SCHOOL FOOD AUTHORITY SHALL BE
 ALLOWED TO ATTRIBUTE MONEYS SPENT ON PURCHASES OF FOOD PRODUCTS FROM NEW
 YORK STATE FARMERS, GROWERS, PRODUCERS OR PROCESSORS MADE FOR ITS SCHOOL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01355-01-3
 S. 423                              2
 
 BREAKFAST PROGRAM TO THE  THIRTY  PERCENT  OF  COSTS  FOR  SCHOOL  LUNCH
 SERVICE PROGRAMS.
   c.  The  Department of Agriculture and Markets in cooperation with the
 State Education Department, shall develop an application for school food
 authorities to seek an additional State subsidy pursuant to this section
 in a timeline and format prescribed by the commissioner  of  agriculture
 and  markets.  Such  application  shall  include, but not be limited to,
 documentation demonstrating  the  school  food  authority's  total  food
 purchases for its school lunch service program, and documentation demon-
 strating  its  total  food  purchases  and percentages for such program,
 PERMITTED TO BE COUNTED UNDER THIS SECTION, from New York State farmers,
 growers, producers or processors  in  the  preceding  school  year.  The
 application  shall  also  include  an  attestation  from the school food
 authority's chief operating officer that it purchased  at  least  thirty
 percent  of  its  total  cost  of food products, PERMITTED TO BE COUNTED
 UNDER THIS SECTION, for its school lunch service program from  New  York
 State  farmers, growers, producers or processors in the preceding school
 year in order to meet the requirements for this additional State  subsi-
 dy. School food authorities shall be required to annually apply for this
 subsidy. After reviewing school food authorities' completed applications
 for an additional State subsidy pursuant to this section, the Department
 of  Agriculture and Markets shall certify to the State Education Depart-
 ment the school food authorities  approved  for  such  additional  State
 subsidy  and  the  State  Education Department shall pay such additional
 State subsidy to such school food authorities.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2023-S423A (ACTIVE) - Details

See Assembly Version of this Bill:: A870
Current Committee:: Senate Education
Law Section:: Education
Laws Affected:: Amd §5, Chap 537 of 1976
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7847, A10320
2021-2022: S4315, A4820
2025-2026: S591, A839

2023-S423A (ACTIVE) - Summary

2023-S423A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S423A

SPONSOR: HINCHEY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to increase school district partic-
ipation in, and eligibility for, the school lunch reimbursement for
purchase of New York farm-fresh products.

 
SUMMARY OF PROVISIONS:

Section one amends unconsolidated law to authorize schools, commencing
'July 1, 2020 and every year thereafter, to attribute moneys spent on
purchases of food products from New York state farmers, growers, produc-
ers or processors made for its.school breakfast program to the thirty

percent of costs required to receive reimbursement for school lunch
service programs.

Section two provides the effective date.

 
EXISTING LAW:

Currently, schools are eligible to receive an additional $.25 reimburse-
ment for school lunches that include at least thirty percent food
products from New York state farmers, growers, producers or processors.

 
JUSTIFICATION:

The reimbursement for school lunches was added in 2018 to encourage the
purchase of fresh, healthy, and whole or minimally-processed foods to
support the health and nutritional well-being of school children while
also supporting New York farms. In addition, at a time when dairy farm-
ers in New York are struggling, adding this incentive would provide them
with much-needed support and give our children access to higher quality
products.

This program includes a $10 million appropriation through the State
Education Budget. Up to this point, only 49 school districts across the
state qualified for the incentive, and upon audit, only 7 school
districts were actually approved. This language change will give schools
access to this already allocated funding, which has not yet been fully
utilized, and 'significantly expand the benefits of this valuable
program to more schools.

One of the biggest impediments to qualifying for the incentive is that
lunch is the only meal that can be counted toward the 30 percent thresh-
old. This means that milk, 'yogurt, :cheese, and; fresh fruit served at
school breakfast do not count, even though we know that this is one of
the most important meals of the day 'for children. Not only will this
Change expand account to healthy, nutritious foods for our school chil-
dren but would also discourage the perverse incentive schools currently

have to procure unnecessarily more expensive foods in order to meet the
required 30 percent threshold.

According to Hunger Solutions"New York, 4,912 schools across the state
Offer lunch programs serving over one million students with 1,562
schools also offering free breakfast to over 500,000 children: We are
falling very short of serving these children with healthy, locally
grown, and sourced foods. We can make this incentive a win-win for our
school children and New York farmers and food products with the addition
of breakfast to that incentive.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S7847 EDUCATION / A10320 education

2021-2022: S4315 Referred to Education

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
Immediate.

2023-S423A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  423--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (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:
 
   Section  1.  Subdivisions  b  and c of section 5 of chapter 537 of the
 laws of 1976, relating to paid, free and  reduced  price  breakfast  for
 eligible  pupils in certain school districts, as amended by section 22-b
 of part A of chapter 56 of the laws of 2022,  are  amended  to  read  as
 follows:
   b.  Notwithstanding  any  monetary  limitations with respect to school
 lunch programs contained in any law  or  regulation,  for  school  lunch
 meals  served in the school year commencing July 1, 2022 and each July 1
 thereafter, a school food authority shall be eligible for a  lunch  meal
 State subsidy of twenty-five cents, which shall include any annual State
 subsidy received by such school food authority under any other provision
 of  State  law,  for  any  school  lunch meal served by such school food
 authority; provided that the school  food  authority  certifies  to  the
 Department  of Agriculture and Markets through the application submitted
 pursuant to subdivision c of this section that such food  authority  has
 purchased at least thirty percent of its total cost of food products for
 its  school  lunch service program from New York state farmers, growers,
 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
 
 2024, AND EACH JULY 1 THEREAFTER,  A  SCHOOL  FOOD  AUTHORITY  SHALL  BE
 ALLOWED 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.
   c. The Department of Agriculture and Markets in cooperation  with  the
 State Education Department, shall develop an application for school food
 authorities to seek an additional State subsidy pursuant to this section
 in  a  timeline and format prescribed by the commissioner of agriculture
 and markets. Such application shall include,  but  not  be  limited  to,
 documentation  demonstrating  the  school  food  authority's  total food
 purchases for its  school  BREAKFAST  AND  lunch  service  program,  and
 documentation demonstrating its total food purchases and percentages for
 such  program, PERMITTED TO BE COUNTED UNDER THIS SECTION, from New York
 State farmers, growers, producers or processors in the preceding  school
 year.  The application shall also include an attestation from the school
 food authority's chief operating officer  that  it  purchased  at  least
 thirty  percent  of  its  total  cost  of food products, PERMITTED TO BE
 COUNTED UNDER THIS SECTION, for its school BREAKFAST AND  lunch  service
 program from New York State farmers, growers, producers or processors in
 the  preceding  school  year  in order to meet the requirements for this
 additional State subsidy. School food authorities shall be  required  to
 annually  apply  for  this subsidy. After reviewing school food authori-
 ties' completed applications for an additional State subsidy pursuant to
 this section, the Department of Agriculture and Markets shall certify to
 the State Education Department the school food authorities approved  for
 such  additional  State subsidy and the State Education Department shall
 pay such additional State subsidy to such school food authorities.
   § 2. This act shall take effect immediately.

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Senate Bill S423A

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

Bill Amendments

co-Sponsors

2023-S423 - Details

2023-S423 - Summary

2023-S423 - Sponsor Memo

2023-S423 - Bill Text download pdf

co-Sponsors

2023-S423A (ACTIVE) - Details

2023-S423A (ACTIVE) - Summary

2023-S423A (ACTIVE) - Sponsor Memo

2023-S423A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

Bill Amendments

co-Sponsors

2023-S423 - Details

2023-S423 - Summary

2023-S423 - Sponsor Memo

2023-S423 - Bill Text download pdf

co-Sponsors

2023-S423A (ACTIVE) - Details

2023-S423A (ACTIVE) - Summary

2023-S423A (ACTIVE) - Sponsor Memo

2023-S423A (ACTIVE) - Bill Text download pdf

Comments