S T A T E O F N E W Y O R K
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6619--A
2025-2026 Regular Sessions
I N A S S E M B L Y
March 6, 2025
___________
Introduced by M. of A. LUPARDO, KELLES -- read once and referred to the
Committee on Education -- recommitted to the Committee on Education in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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 increasing the state subsidy for school
lunch meals
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, subdivision b as amended by
section 32-a of part A of chapter 56 of the laws of 2024 and subdivision
c as amended by section 22-b of part A of chapter 56 of the laws of
2022, are amended and two new subdivisions b-1 and c-1 are added 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] 2027 and each
July 1 thereafter, a school food authority shall be eligible for a State
subsidy equal to [$0.1901 per free and paid school lunch meal, and
$0.0519 per reduced-price lunch meal,] AN AMOUNT PER SCHOOL LUNCH MEAL
DETERMINED PURSUANT TO PARAGRAPHS (I), (II) AND (III) OF THIS SUBDIVI-
SION 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
BREAKFAST SERVICE, lunch service, AND REIMBURSABLE SNACK program from
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09089-03-6
A. 6619--A 2
New York state farmers, growers, producers or processors in the preced-
ing school year. PAYMENTS PURSUANT TO THIS SUBDIVISION SHALL BE SEPARATE
FROM AND SHALL NOT SUPPLANT OR OFFSET ANY OTHER STATE OR FEDERAL
REIMBURSEMENT, AID, GRANT, OR PAYMENT FOR SCHOOL MEALS OR CHILD NUTRI-
TION PROGRAMS, INCLUDING BUT NOT LIMITED TO THE STATE REIMBURSEMENT
AMOUNT FOR SCHOOL LUNCH MEALS. WHERE THE SCHOOL FOOD AUTHORITY CERTI-
FIES THAT IT HAS PURCHASED AT LEAST THIRTY PERCENT OF ITS TOTAL COST OF
FOOD PRODUCTS PERMITTED TO BE COUNTED UNDER THIS SECTION FOR ITS SCHOOL
BREAKFAST SERVICE, LUNCH SERVICE, AND REIMBURSABLE SNACK PROGRAM FROM
NEW YORK STATE FARMERS, GROWERS, PRODUCERS OR PROCESSORS IN THE PRECED-
ING SCHOOL YEAR, THE AMOUNT OF THE STATE SUBSIDY PAYABLE PURSUANT TO
THIS SUBDIVISION SHALL BE:
(I) TWENTY-SIX CENTS PER SCHOOL LUNCH MEAL WHERE SUCH PERCENTAGE IS AT
LEAST THIRTY PERCENT BUT NOT MORE THAN FORTY PERCENT;
(II) TWENTY-EIGHT CENTS PER SCHOOL LUNCH MEAL WHERE SUCH PERCENTAGE IS
AT LEAST FORTY-ONE PERCENT BUT NOT MORE THAN FIFTY PERCENT; AND
(III) THIRTY CENTS PER SCHOOL LUNCH MEAL WHERE SUCH PERCENTAGE IS
FIFTY-ONE PERCENT OR GREATER.
B-1. EACH OF THE PER SCHOOL LUNCH MEAL SUBSIDY AMOUNTS SET FORTH IN
PARAGRAPHS (I), (II) AND (III) OF SUBDIVISION B OF THIS SECTION SHALL BE
INCREASED ANNUALLY BY ONE AND ONE-HALF PERCENT OVER THE PRIOR SCHOOL
YEAR'S APPLICABLE AMOUNT. THE COMMISSIONER OF AGRICULTURE AND MARKETS
SHALL PUBLISH THE ADJUSTED PER-MEAL AMOUNTS ON OR BEFORE JULY FIRST OF
EACH SUCH SCHOOL YEAR.
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 SERVICE, lunch service, AND REIMBURS-
ABLE SNACK program, and documentation demonstrating its total food
purchases and percentages for such [program] PROGRAMS PERMITTED TO BE
COUNTED UNDER THIS SECTION from New York State farmers, growers, produc-
ers or processors in the preceding school year. The application shall
also include an attestation from the school food authority's chief oper-
ating 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 SERVICE, lunch service, AND REIMBURSABLE SNACK program
from New York State farmers, growers, producers or processors in the
preceding school year in order to meet the requirements for this addi-
tional State subsidy. School food authorities shall be required to annu-
ally 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 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.
C-1. (I) FOR THREE SCHOOL YEARS COMMENCING JULY 1, 2027 (THE "TRANSI-
TION PERIOD"), ANY SCHOOL FOOD AUTHORITY THAT HAS BEEN CERTIFIED BY THE
DEPARTMENT OF AGRICULTURE AND MARKETS AS APPROVED TO RECEIVE THE ADDI-
TIONAL STATE SUBSIDY PURSUANT TO THIS SECTION FOR SCHOOL MEALS SERVED
DURING THE SCHOOL YEAR COMMENCING JULY 1, 2026, BASED ON SUCH AUTHORI-
TY'S ELIGIBLE FOOD PURCHASES MADE DURING THE SCHOOL YEAR COMMENCING JULY
1, 2026, SHALL BE DEEMED ELIGIBLE DURING THE TRANSITION PERIOD TO
RECEIVE THE SUBSIDY AMOUNT SET FORTH IN PARAGRAPH (I) OF SUBDIVISION B
A. 6619--A 3
OF THIS SECTION, PROVIDED THAT SUCH PARTICIPANT SUBMITS SUCH DOCUMENTA-
TION AS DEEMED NECESSARY BY THE COMMISSIONER OF AGRICULTURE OF MARKETS
FOR PURPOSES OF PAYMENT PROCESSING AND PROGRAM INTEGRITY.
(II) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A SCHOOL
FOOD AUTHORITY FROM RECEIVING THE HIGHER PER SCHOOL LUNCH MEAL SUBSIDY
PURSUANT TO PARAGRAPHS (II) OR (III) OF SUBDIVISION B OF THIS SECTION
DURING OR AFTER THE TRANSITION PERIOD, PROVIDED HOWEVER THAT ELIGIBILITY
FOR SUCH HIGHER AMOUNTS SHALL BE DETERMINED BASED ON THE PURCHASING
PERCENTAGE CALCULATION SET FORTH IN SUCH SUBDIVISION B, INCLUDING SCHOOL
BREAKFAST SERVICE, LUNCH SERVICE, AND REIMBURSABLE SNACK PROGRAMS.
§ 2. This act shall take effect immediately; provided, however, that
the amendments related to eligible purchases counted toward the thirty
percent threshold made by section one of this act shall apply to
purchases made on and after July 1, 2026; and provided further, however,
that the amendments relating to the tiered per-meal subsidy amounts,
indexing, and hold harmless provisions made by section one of this act
shall apply to school lunch meals served on and after July 1, 2027.