S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10320
 
                           I N  A S S E M B L Y
 
                              April 22, 2020
                                ___________
 
 Introduced  by M. of A. McMAHON -- read once and referred to the Commit-
   tee 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. 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 added by section 2 of part B of chapter 56  of  the
 laws of 2018, is amended to read as follows:
   §  5.  a.  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, 2019 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
 State Education Department through the application submitted pursuant to
 subdivision  b 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, 2020, 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  LUNCH  SERVICE
 PROGRAMS.
   b.  The State Education Department, in cooperation with the Department
 of Agriculture and Markets, 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  education.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15561-01-0

 A. 10320                            2
 
 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 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
 lunch service program from New York State farmers, growers, producers or
 processors in the preceding school year in order to  meet  the  require-
 ments  for  this additional State subsidy. School food authorities shall
 be required to annually apply for this subsidy.
   c. The State Education Department shall annually  publish  information
 on  its  website  commencing  on  September 1, 2019 and each September 1
 thereafter, relating to each school food authority that applied for  and
 received  this  additional  State subsidy, including but not limited to:
 the school food authority name, student enrollment, average daily  lunch
 participation,  total  food  costs for its school lunch service program,
 total cost of  food  products  for  its  school  lunch  service  program
 purchased from New York State farmers, growers, producers or processors,
 and  the  percent  of total food costs that were purchased from New York
 State farmers, growers, producers or processors  for  its  school  lunch
 service program.
   § 2. This act shall take effect immediately.