S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5781
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 25, 2021
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Agriculture
 
 AN ACT to amend the agriculture and markets  law,  in  relation  to  the
   Nourish New York program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The agriculture and markets law is amended by adding a  new
 article 27 to read as follows:
                                ARTICLE 27
                             NOURISH NEW YORK
 SECTION 450. DECLARATION OF LEGISLATIVE FINDINGS AND INTENT.
         451. DEFINITIONS.
         452. NOURISH NEW YORK PROGRAM.
   § 450. DECLARATION OF LEGISLATIVE FINDINGS AND INTENT. WHILE THE NOUR-
 ISH  NEW YORK PROGRAM WAS DEVELOPED IN RESPONSE TO DISRUPTED FOOD SUPPLY
 CHAINS DUE TO THE COVID-19 PANDEMIC, IT  HAS  EMERGED  AS  AN  IMPORTANT
 INNOVATION,  SIGNIFICANTLY  SUPPORTING THE STATE'S FARMS WHILE PROVIDING
 NOURISHING FRESH FOODS  TO  PEOPLE  EXPERIENCING  FOOD  INSECURITY.  THE
 COVID-19  CRISIS  UNVEILED  THE  WEAKNESSES  IN  OUR STATE'S FOOD SUPPLY
 SYSTEM AND HAS CAUSED SERIOUS ECONOMIC HARDSHIPS FOR THE  STATE'S  FARMS
 AND AGRIBUSINESSES.  BUT, IN THE TEN MONTHS SINCE ITS INCEPTION, NOURISH
 NEW  YORK  HAS  ALREADY STRENGTHENED THE STATE'S FOOD SUPPLY NETWORK AND
 EXPANDED MARKETS FOR NEW YORK FARM PRODUCTS. THE LOCAL FOOD MOVEMENT HAS
 ALSO GAINED SIGNIFICANT MOMENTUM DURING THE  PANDEMIC,  WITH  INCREASING
 NUMBERS  OF  NEW  YORKERS  WANTING  TO KNOW WHERE THEIR FOOD IS SOURCED.
 THIS PRESENTS THE STATE WITH A MAJOR OPPORTUNITY TO  SUPPORT  OUR  LOCAL
 ECONOMIES  AND  CREATE  GREATER  EQUITY  IN OUR FOOD SYSTEM BY PROVIDING
 GREATER ACCESS TO LOCAL, HEALTHY OPTIONS IN FOOD INSECURE AREAS  THROUGH
 MAKING THE NOURISH NEW YORK PROGRAM PERMANENT.
   §  451.  DEFINITIONS.  1. "FOOD RELIEF ORGANIZATION" MEANS A RELIGIOUS
 ORGANIZATION OR OTHER NOT-FOR-PROFIT THAT  PROVIDES  FOOD  FOR  FREE  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09808-05-1

 A. 5781                             2
 
 PERSONS  EXPERIENCING  FOOD  INSECURITY,  INCLUDING BUT NOT LIMITED TO A
 FOOD PANTRY, FOOD BANK, OR SOUP KITCHEN OR COMMUNITY-BASED  ORGANIZATION
 THAT PROVIDES FOOD FOR FREE TO PERSONS EXPERIENCING FOOD INSECURITY.
   2. "SURPLUS AGRICULTURAL PRODUCTS" MEANS CONSUMABLE OR EDIBLE AGRICUL-
 TURAL  PRODUCTS  GROWN  IN  NEW  YORK  BUT SHALL NOT INCLUDE CONDIMENTS,
 SWEETENERS OR BEVERAGES CONTAINING ALCOHOL.
   § 452. NOURISH NEW YORK PROGRAM. 1. THE  COMMISSIONER  SHALL,  TO  THE
 EXTENT  PERMITTED  BY  STATE OR FEDERAL APPROPRIATIONS FOR SUCH PURPOSE,
 FACILITATE PROGRAMMING THAT ENSURES SURPLUS  AGRICULTURAL  PRODUCTS  ARE
 PROVIDED TO FOOD RELIEF ORGANIZATIONS AT COMPETITIVE WHOLESALE PRICES.
   2. THE COMMISSIONER SHALL PROVIDE TECHNICAL ASSISTANCE AND INFORMATION
 ABOUT  THE  PROGRAM  TO  FOOD RELIEF ORGANIZATIONS, PRODUCERS OF SURPLUS
 AGRICULTURAL PRODUCTS AND THE PUBLIC, INCLUDING,  BUT  NOT  LIMITED  TO,
 INFORMATION POSTED ON THE DEPARTMENT'S WEBSITE.
   3.  THE COMMISSIONER SHALL PROVIDE MEANS, WHICH MAY INCLUDE POSTING ON
 THE DEPARTMENT'S WEBSITE, FOR PRODUCERS TO MAKE AVAILABLE SURPLUS  AGRI-
 CULTURAL  PRODUCTS  AND  FOR FOOD RELIEF ORGANIZATIONS TO ACCESS SURPLUS
 AGRICULTURAL PRODUCTS.
   4. THE COMMISSIONER SHALL REVIEW THE CURRENT FUNDING STRUCTURE,  FUND-
 ING  ADEQUACY AND CURRENT SERVICE LEVELS OF THE HUNGER PREVENTION NUTRI-
 TION ASSISTANCE PROGRAM IN ALL REGIONS OF THE STATE. REVIEW  OF  CURRENT
 SERVICE LEVELS SHALL TAKE INTO ACCOUNT THE SIZE OF THE SERVICE AREA, THE
 POPULATION  IN  NEED  OF  SUCH  HUNGER  PREVENTION  NUTRITION ASSISTANCE
 PROGRAM AND THE NEED FOR ADDITIONAL FACILITIES WITHIN A REGION IN  ORDER
 TO ADDRESS INCREASING FOOD INSECURITY AND HUNGER. FOLLOWING SUCH REVIEW,
 THE  COMMISSIONER  SHALL  MAKE AND REPORT ANY RECOMMENDATIONS, INCLUDING
 BUT NOT LIMITED TO, INCREASING THE MAXIMUM AMOUNT  OF  MONEY  EACH  FOOD
 PANTRY  MAY  BE  ALLOCATED BY SUCH PROGRAM, WHETHER SUCH PROGRAM FUNDING
 SHOULD BE INDEXED FOR INFLATION ANNUALLY, AND ANY STRUCTURAL AND FUNDING
 ADEQUACY CHANGES DEEMED NECESSARY.
   5. THE COMMISSIONER SHALL REVIEW AND REPORT ON THE NEED TO ESTABLISH A
 GRANT PROGRAM TO  FUND  THE  PURCHASE  OF  COLD  STORAGE  EQUIPMENT  FOR
 REGIONAL  FOOD  BANKS,  FOOD PANTRIES AND OTHER EMERGENCY FOOD ORGANIZA-
 TIONS. SUCH GRANT PROGRAM SHALL PRIORITIZE REGIONS  OF  THE  STATE  THAT
 HAVE  THE  HIGHEST  DEMAND  FOR  EMERGENCY FOOD AND REGIONS OF THE STATE
 WHERE REGIONAL FOOD BANKS AND PANTRIES HAVE DETERMINED THE NEED FOR MORE
 CAPACITY TO SAFELY STORE PERISHABLE FOOD BEFORE SUCH  FOOD  IS  DISTRIB-
 UTED.   SUCH REPORT SHALL BE COMPLETED AND SUBMITTED TO THE GOVERNOR AND
 THE LEGISLATURE NO LATER THAN FEBRUARY FIRST, TWO THOUSAND TWENTY-TWO.
   6. THE COMMISSIONER IS HEREBY IMMEDIATELY AUTHORIZED TO INCREASE FUND-
 ING FOR THE HUNGER PREVENTION NUTRITION ASSISTANCE PROGRAM  AND  PROVIDE
 FUNDING  FOR  THE  PURCHASE  OF  COLD STORAGE EQUIPMENT IN ORDER TO MEET
 EMERGENCY DEMANDS FOR EMERGENCY FOOD ASSISTANCE ANY TIME  PRIOR  TO  AND
 AFTER  MEETING THE REPORTING REQUIREMENT PURSUANT TO SUBDIVISION FIVE OF
 THIS SECTION.
   § 2. This act shall take effect immediately.