S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4892--A
     Cal. No. 463
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2021
                                ___________
 
 Introduced  by  Sens. HINCHEY, BORRELLO, JORDAN, KRUEGER, PARKER -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Agriculture -- reported favorably from said committee and
   committed  to the Committee on Finance -- reported favorably from said
   committee, ordered to first report, amended on first  report,  ordered
   to  a  second report and ordered reprinted, retaining its place in the
   order of second report
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD09808-06-1

 S. 4892--A                          2
 
 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
 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, IN CONSULTATION WITH THE  DEPARTMENT  OF  HEALTH,
 SHALL REVIEW THE CURRENT FUNDING STRUCTURE, FUNDING ADEQUACY AND CURRENT
 SERVICE  LEVELS OF THE HUNGER PREVENTION NUTRITION 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.
   § 2. This act shall take effect immediately.