S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2321
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2023
                                ___________
 
 Introduced  by  M.  of  A. TAGUE, DeSTEFANO, MANKTELOW, WOERNER, HAWLEY,
   BRABENEC, PALMESANO,  JENSEN,  DiPIETRO,  LEMONDES,  MILLER,  MIKULIN,
   GIBBS -- read once and referred to the Committee on Education
 
 AN  ACT  to  amend  the education law, in relation to permitting schools
   located within the state to purchase certain New York milk

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The education law is amended by adding a new section 915-a
 to read as follows:
   § 915-A. MILK OPTIONS. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "NEW YORK MILK" SHALL MEAN RAW MILK PRODUCED  BY  THE  MILKING  OF
 COWS  PHYSICALLY  LOCATED WITHIN THE GEOGRAPHIC BOUNDARIES OF THE STATE,
 TRANSPORTED TO A DAIRY PROCESSING FACILITY LOCATED WITHIN THE GEOGRAPHIC
 BOUNDARIES OF THE STATE AND PROCESSED  AS  FLUID  MILK  INTO  CONTAINERS
 INTENDED FOR DISTRIBUTION TO CONSUMERS.
   (B)  "REDUCED  FAT  NEW YORK MILK" SHALL MEAN NEW YORK MILK CONTAINING
 TWO PERCENT MILK FAT.  THE TERM INCLUDES NEW YORK  MILK  THAT  HAS  BEEN
 FLAVORED.
   (C) "WHOLE NEW YORK MILK" SHALL MEAN NEW YORK MILK CONTAINING AT LEAST
 THREE  PERCENT  MILK  FAT. THE TERM INCLUDES NEW YORK MILK THAT HAS BEEN
 FLAVORED.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  OR  REGULATION  TO  THE
 CONTRARY,  A  SCHOOL BOARD OR OTHER GOVERNING ENTITY OF A SCHOOL LOCATED
 IN THE STATE MAY ELECT TO UTILIZE FUNDS FROM STATE OR LOCAL  SOURCES  TO
 OBTAIN  WHOLE  NEW  YORK MILK OR REDUCED FAT NEW YORK MILK TO PROVIDE OR
 SELL AT SUCH SCHOOL.
   3. THE COMMISSIONER OF EDUCATION SHALL NOTIFY  THE  SUPERINTENDENT  OR
 CHIEF  ADMINISTRATOR  OF  EACH  SCHOOL IN THE STATE OF THE PROVISIONS OF
 THIS SECTION.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03994-01-3
 A. 2321                             2
              

 
   4. THE ATTORNEY GENERAL SHALL, ON BEHALF OF A  SCHOOL  LOCATED  WITHIN
 THE  STATE,  BRING  A CIVIL ACTION AGAINST THE FEDERAL GOVERNMENT OR ANY
 OTHER ENTITY TO RECOVER FUNDS WITHHELD OR REVOKED  AS  A  RESULT  OF  AN
 ACTION  TAKEN  BY  THE  SCHOOL  BOARD  OR OTHER GOVERNING ENTITY OF SUCH
 SCHOOL PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   5.  NO  LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,
 THE COMMISSIONER OF EDUCATION, IN CONSULTATION WITH THE COMMISSIONER  OF
 AGRICULTURE  AND  MARKETS,  SHALL ISSUE A REPORT TO THE GOVERNOR AND THE
 LEGISLATURE. SUCH REPORT SHALL INCLUDE ALL OF THE FOLLOWING INFORMATION:
   (A) A LIST OF SCHOOLS LOCATED WITHIN THE STATE THAT  HAVE  ELECTED  TO
 PROVIDE OR SELL NEW YORK MILK UNDER THIS SECTION.
   (B)  THE  APPROXIMATE INCREASE OR DECREASE IN THE CONSUMPTION OF FLUID
 MILK AT SCHOOLS LOCATED WITHIN THE STATE SINCE  THE  EFFECTIVE  DATE  OF
 THIS SECTION.
   (C)  ACTIONS  TAKEN BY THE STATE TO PROMOTE WHOLE MILK AND REDUCED FAT
 MILK AVAILABILITY IN SCHOOLS LOCATED WITHIN THE STATE.
   (D) ANY OTHER INFORMATION  DEEMED  RELEVANT  BY  THE  COMMISSIONER  OF
 EDUCATION  OR  THE  COMMISSIONER  OF  AGRICULTURE  AND  MARKETS  FOR THE
 PURPOSES OF THIS SECTION.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law  and  shall  expire and be deemed repealed upon the
 occurrence of either of the following:
   1. The amendment or repeal  of  section  9(a)(2)(A)  of  the  National
 School  Lunch  Act  (60  Stat.  230,  42  U.S.C. § 1758(a)(2)(A)), which
 results in the availability of whole milk or reduced fat milk,  flavored
 or unflavored, in elementary and secondary schools in the state.
   2.  An  update to the Dietary Guidelines for Americans published under
 section 301 of the National Nutrition Monitoring  and  Related  Research
 Act  of  1990  (Public Law 101-445, 7 U.S.C.  § 5341), which permits the
 availability of whole milk or reduced fat milk, flavored or  unflavored,
 in elementary and secondary schools in the state.
   Provided, that the commissioner of education shall notify the legisla-
 tive  bill  drafting  commission  upon  the  occurrence  of either event
 described in subdivisions one or two of this section in order  that  the
 commission  may  maintain  an accurate and timely effective data base of
 the official text of the laws of the state of New York in furtherance of
 effectuating the provisions of section 44 of  the  legislative  law  and
 section 70-b of the public officers law.