S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5880
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced by M. of A. DAVILA -- read once and referred to the Committee
   on Social Services
 
 AN ACT to amend the social services law, in relation to establishing the
   New  York  healthy  incentive  program  (Part  A); to amend the social
   services law, in relation to automating SNAP and the New York  healthy
   incentive  program  (Part B); and to amend the social services law, in
   relation to  establishing  the  New  York  healthy  incentive  program
   outreach program (Part C)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law major  components  of  legislation
 which are necessary to implement the New York healthy incentive program.
 Each  component  is wholly contained within a Part identified as Parts A
 through C. The effective date for each  particular  provision  contained
 within  such  Part  is  set  forth in the last section of such Part. Any
 provision in any section contained within a Part, including  the  effec-
 tive  date  of  the  Part, which makes a reference to a section "of this
 act", when used in connection with that particular component,  shall  be
 deemed  to  mean  and  refer to the corresponding section of the Part in
 which it is found.  Section three of this act  sets  forth  the  general
 effective date of this act.
 
                                  PART A
 
   Section  1. The social services law is amended by adding a new section
 95-b to read as follows:
   § 95-B. NEW YORK HEALTHY INCENTIVE PROGRAM (NYHIP).  1.    LEGISLATIVE
 FINDINGS.  THE  LEGISLATURE  HEREBY FINDS AND DECLARES THAT HEALTHY FOOD
 INCENTIVE PROGRAMS PROVIDE SIGNIFICANT HEALTH, EDUCATIONAL, SOCIAL,  AND
 ECONOMIC  BENEFITS  TO THE GENERAL PUBLIC, ESPECIALLY FOR THOSE INDIVID-
 UALS WHO HAVE HISTORICALLY BEEN EXCLUDED FROM ACCESS TO  FRESH  PRODUCE;
 IN  FOOD  DESERTS WHERE ACCESS TO HEALTHY AND AFFORDABLE FOOD IS LIMITED
 OR WHERE THERE ARE NO GROCERY STORES; AND LOCAL FARMERS WHO STRUGGLE  TO
 COMPETE  WITH  IMPORTED GOODS AND PRODUCE. FURTHERMORE, IT IS THE ARTIC-
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05297-01-3
 A. 5880                             2
 
 ULATED PUBLIC POLICY OF THIS STATE TO PROMOTE AND FOSTER GROWTH  IN  THE
 NUMBER  OF  FARM  TO  CONSUMER ENTITIES ACCEPTING SUPPLEMENTAL NUTRITION
 ASSISTANCE BENEFITS  AND  PARTICIPATE  IN  THE  HEALTHY  FOOD  INCENTIVE
 PROGRAM.  THE HEALTHY FOOD INCENTIVE PROGRAM PROVIDES EARNED DOLLARS FOR
 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM RECIPIENTS TO SPEND  ON  LOCAL
 PRODUCE  THAT  IS  FRESH  AND  NUTRITIOUS FOR THOSE WHO MAY BE UNABLE TO
 READILY AFFORD OR HAVE EASY ACCESS TO FRESH FRUITS  AND  VEGETABLES  FOR
 THEMSELVES  OR  THEIR FAMILIES; PROMOTES HEALTHIER INDIVIDUAL LIFESTYLES
 BY INCENTIVIZING BETTER EATING HABITS; FOSTERS THE RETENTION AND  EXPAN-
 SION  OF  FARM TO CONSUMER ENTITIES, PARTICULARLY IN FOOD INSECURE ENVI-
 RONMENTS; ENGENDERS A CLOSER RELATIONSHIP BETWEEN COMMUNITIES AND  LOCAL
 FARMERS; INCREASES CAPACITY FOR LOCAL FARMS; AND STIMULATES LOCAL ECONO-
 MIES.  IT  IS THEREFORE THE INTENT OF THE LEGISLATURE AND THE PURPOSE OF
 THIS SECTION TO CREATE A STATE OPERATED HEALTHY FOOD INCENTIVE  PROGRAM,
 KNOWN  AS  THE  NEW YORK HEALTHY INCENTIVE PROGRAM (NYHIP), FOR ALL SNAP
 RECIPIENTS AND LOCAL ECONOMIES ACROSS THE STATE.
   2. DEFINITIONS. A. "FARM TO CONSUMER ENTITIES" SHALL MEAN ANY SORT  OF
 ENTERPRISE  THAT  ALLOWS LOCAL FARMERS TO SELL THEIR PRODUCE DIRECTLY TO
 THE CONSUMER, SUCH AS FARMERS MARKETS, CO-OPS, LOCALLY SOURCED COMMUNITY
 OWNED GROCERY STORES, AND COMMUNITY SUPPORTED AGRICULTURE, AS DETERMINED
 BY THE COMMISSIONER WITH INPUT FROM THE COMMISSIONER OF AGRICULTURE  AND
 MARKETS.
   B.  "SIMILARLY  SITUATED  ENTITIES" SHALL MEAN STORES OF ANY SIZE THAT
 HAVE AGREED TO AND SIGNED A MEMORANDUM OF  UNDERSTANDING  DETAILING  HOW
 THEY  WILL PRIORITIZE SOURCING PRODUCE LOCALLY, AGREE TO GOAL METRICS TO
 INCREASE THEIR ABILITY TO LOCALLY SOURCE,  AND  MEET  THOSE  METRICS  TO
 MAINTAIN  THEIR  HEALTHY  FOOD  INCENTIVE PROGRAM PARTICIPATION. FOR THE
 PURPOSES OF THIS PARAGRAPH, "STORES" SHALL MEAN ANY NOT FARM TO CONSUMER
 PRODUCE RETAILER THAT IS CURRENTLY AUTHORIZED AS AN  ELECTRONIC  BENEFIT
 TRANSFER  RETAILER, SUCH AS GROCERY STORES, CORNER STORES, BODEGAS, FOOD
 MARTS, FOOD STORES, CONVENIENCE STORES, OR MARKETS.
   C. "SNAP CARD" OR "SNAP BENEFIT CARD" SHALL MEAN ANY ELECTRONIC METHOD
 IN WHICH THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM  IS  ADMINISTERED
 TO  BENEFICIARIES ON A CREDIT OR DEBIT CARD, INCLUDING THROUGH THE ELEC-
 TRONIC BENEFIT TRANSFER SYSTEM DESCRIBED IN SECTION TWENTY-ONE-A OF  THE
 SOCIAL SERVICES LAW.
   3.  DEPARTMENT POWERS AND DUTIES TO PROMULGATE PROGRAM. A. THE DEPART-
 MENT IS DIRECTED TO APPLY FOR ANY NECESSARY GRANT OR WAIVER  TO  PARTIC-
 IPATE IN THE GUS SCHUMACHER NUTRITION INCENTIVE PROGRAM OR SIMILAR GRANT
 ADMINISTERED  BY  THE  UNITED  STATES  DEPARTMENT OF AGRICULTURE AND THE
 NATIONAL INSTITUTE OF FOOD AND AGRICULTURE FOR APPROVAL, AND TO ACT  FOR
 THE STATE IN ANY NEGOTIATIONS RELATIVE TO THE SUBMISSION AND APPROVAL OF
 SUCH  PLAN,  WAIVER, OR GRANT, AND SHALL MAKE SUCH ARRANGEMENTS AND TAKE
 SUCH ACTION, NOT INCONSISTENT WITH LAW, AS MAY BE REQUIRED TO OBTAIN AND
 RETAIN SUCH APPROVAL, TO IMPLEMENT SUCH PLAN, WAIVER, OR  GRANT  AND  TO
 SECURE FOR THE STATE THE BENEFITS AVAILABLE.
   B. THE DEPARTMENT SHALL ACTIVELY SEARCH FOR, FIND AND APPLY FOR GRANTS
 AND  OTHER  STREAMS  OF FUNDING TO PROMULGATE THIS SECTION AND FUND THIS
 PROGRAM.
   C. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS AND TAKE  ALL
 OTHER ACTIONS NECESSARY FOR THE EFFECTIVE CREATION AND IMPLEMENTATION OF
 NYHIP, PROVIDING EARNED DOLLARS FOR SNAP BENEFICIARIES TO SPEND ON LOCAL
 PRODUCE  THAT  IS FRESH AND NUTRITIOUS, IN ACCORDANCE WITH THIS SECTION.
 NOTHING IN THIS SECTION SHALL PROHIBIT OR LIMIT THE COMMISSIONER'S ABIL-
 ITY TO EXPAND ACCESS TO THE NYHIP TO ALL NEW  YORKERS,  SO  LONG  AS  IT
 CONTINUES  TO  PRIORITIZE  THE  EARNED DOLLARS USED TO BUY LOCALLY GROWN
 A. 5880                             3

 HEALTHY FOODS. NOTHING IN THIS  SECTION  SHALL  PROHIBIT  OR  LIMIT  THE
 DEPARTMENT FROM INCLUDING NEW YORK GROWN AND CERTIFIED FOODS, AS CREATED
 BY  SECTION ONE HUNDRED FIFTY-SIX-H OF AGRICULTURE AND MARKETS LAW, FROM
 BEING INCLUDED IN NYHIP. NYHIP SHALL INCLUDE THE FOLLOWING:
   I.  A  FIXED  EARNED  DOLLAR  AMOUNT FOR THE PURCHASE OF FRESH LOCALLY
 GROWN HEALTHY FOODS USING SNAP;
   II. AUTOMATION OF EARNED DOLLAR AMOUNTS ON SNAP CARDS;
   III. AUTOMATION OF SNAP BENEFIT CARDS SO SNAP BENEFICIARIES  ARE  ABLE
 TO  PARTICIPATE  IN  LOCAL COMMUNITY SUPPORTED AGRICULTURE SUBSCRIPTIONS
 AND EARN NYHIP DOLLARS;
   IV. ENSURING NYHIP IS AVAILABLE AT ALL FARM TO CONSUMER  ENTITIES  AND
 SIMILARLY SITUATED ENTITIES BY ENCOURAGING THEM TO PARTICIPATE;
   V.  CONNECTING  FARM TO CONSUMER ENTITIES AND SIMILARLY SITUATED ENTI-
 TIES WITH THE NECESSARY  RESOURCES  AND  TECHNOLOGY  TO  PARTICIPATE  IN
 NYHIP;
   VI.  REGULAR  UPDATES  AND  MAINTENANCE  OF THE MOBILE APPLICATION AND
 WEBSITE; AND
   VII. CREATION AND MAINTENANCE OF A NYHIP OUTREACH  PROGRAM  TO  ENSURE
 ALL  SNAP  BENEFICIARIES  ARE AWARE OF THE OPPORTUNITY TO PARTICIPATE IN
 SUCH PROGRAM.
   4. NYHIP MOBILE APPLICATION, WEBSITE AND INTERACTIVE MAP.  A.  I.  THE
 DEPARTMENT  SHALL  ESTABLISH A MOBILE APPLICATION AND WEBSITE TO PROMOTE
 NYHIP AND LOCATIONS AVAILABLE TO SNAP RECIPIENTS ACROSS  THE  STATE  AND
 PROMOTE FARM TO CONSUMER ENTITIES THAT TAKE SNAP. THE MOBILE APPLICATION
 AND WEBSITE SHALL INCLUDE, BUT IS NOT LIMITED TO:
   A. NAME, LOCATION, HOURS OF OPERATION, CONTACT INFORMATION, AND HYPER-
 LINKS,  AS AVAILABLE, TO ALL FARM TO CONSUMER ENTITIES THAT SELL LOCALLY
 GROWN PRODUCE AND ACCEPT SNAP BENEFITS; AND
   B. NAME, LOCATION, HOURS OF OPERATION, CONTACT INFORMATION, AND HYPER-
 LINKS, AS AVAILABLE, TO ALL FARMERS MARKETS, MOBILE  MARKETS,  COMMUNITY
 SUPPORTED  AGRICULTURE, OR SIMILARLY SITUATED ENTITIES THAT SELL LOCALLY
 GROWN PRODUCE THAT ARE PARTICIPANTS OF NYHIP.
   II. THE MOBILE APPLICATION AND WEBSITE SHOULD HAVE AN INTERACTIVE  MAP
 WHERE  A  USER MAY FIND FARM TO CONSUMER ENTITIES THAT TAKE SNAP AND ARE
 NYHIP PARTICIPANTS.  THIS  INFORMATION  SHOULD  ALSO  BE  SEARCHABLE  BY
 TOWN/CITY,  COUNTY,  REGION OR ANY OTHER CRITERIA THE COMMISSIONER DEEMS
 RELEVANT.
   III. THE MOBILE APPLICATION AND WEBSITE SHOULD MAKE CLEAR DISTINCTIONS
 BETWEEN FARM TO CONSUMER ENTITIES THAT JUST TAKE SNAP AND THOSE THAT ARE
 PARTICIPANTS OF NYHIP.
   B. EACH COMMISSIONER OF  SOCIAL  SERVICES  SHALL  PROVIDE  INFORMATION
 REGARDING  NYHIP  ON  THEIR  WEBSITE  AND HYPERLINKS TO THIS INTERACTIVE
 WEBSITE AND WHERE TO DOWNLOAD THE MOBILE APPLICATION ON THE  SNAP  PAGES
 OF ALL SOCIAL SERVICES WEBSITES.
   C.  THE  DEPARTMENT  SHALL  ESTABLISH  PROCEDURES FOR FARM TO CONSUMER
 ENTITIES THAT ACCEPT SNAP BENEFITS AND  NYHIP  TO  PROVIDE  THE  UPDATED
 INFORMATION  DETAILED  ABOVE  FOR THE MOBILE APPLICATION AND WEBSITE. IN
 DEVELOPING SUCH PROCEDURES, THE DEPARTMENT SHALL  PROVIDE  A  SYSTEM  IN
 WHICH  THE INFORMATION REQUIRED IN THE MOBILE APPLICATION AND WEBSITE IS
 UPDATED MONTHLY AND CONTINUOUS MAINTENANCE IS PROVIDED.
   D. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS AND TAKE  ALL
 OTHER  ACTIONS  NECESSARY  FOR  THE  EFFECTIVE  IMPLEMENTATION  OF  THIS
 SECTION.  NOTHING IN THIS SECTION SHALL PROHIBIT OR  LIMIT  THE  DEPART-
 MENT'S  ABILITY  TO  EXPAND ACCESS TO THE NYHIP INCENTIVE PROGRAM MAP TO
 ALL NEW YORKERS.
   § 2. This act shall take effect immediately.
 A. 5880                             4
 
                                  PART B

   Section  1. Section 95 of the social services law is amended by adding
 a new subdivision 12 to read as follows:
   12. (A) THE OFFICE SHALL PROMPTLY SEEK ANY  NECESSARY  APPROVALS  FROM
 THE  UNITED  STATES DEPARTMENT OF AGRICULTURE FOOD AND NUTRITION SERVICE
 (USDA) TO AUTOMATE THE USE OF SNAP BENEFIT CARDS TO STREAMLINE THE PROC-
 ESS FOR POTENTIAL AND CURRENT RECIPIENTS TO PARTICIPATE IN LOCALLY GROWN
 FRESH PRODUCE SUBSCRIPTION SERVICES, SUCH AS COMMUNITY  SUPPORTED  AGRI-
 CULTURE  PARTNERSHIPS,  BY CONDUCTING AN AUTOMATIC DEDUCTION ON A WEEKLY
 BASIS. THE OFFICE SHALL ALSO CREATE AN AUTOMATION PROCESS  FOR  THE  NEW
 YORK  HEALTHY INCENTIVE PROGRAM (NYHIP) AS PRESCRIBED IN SECTION NINETY-
 FIVE-B OF THIS TITLE, BY ALLOWING THE STATE TO ADD  THE  ACCRUED  INCEN-
 TIVES  DIRECTLY TO A SNAP CARD. ONCE THE OFFICE RECEIVES THE WAIVER, THE
 OFFICE SHALL WORK WITH THE USDA AND NYHIP TO ENSURE THAT ANY  INCENTIVES
 ACCRUED ARE USED BY SNAP BENEFICIARIES TO PURCHASE LOCAL PRODUCE THAT IS
 FRESH  AND  NUTRITIOUS  FOR THOSE WHO MAY BE UNABLE TO READILY AFFORD OR
 HAVE EASY ACCESS TO FRESH FRUITS AND VEGETABLES FOR THEMSELVES OR  THEIR
 FAMILIES.  THE  OFFICE  SHALL PROMPTLY SEEK ANY NECESSARY APPROVALS FROM
 THE USDA IN ORDER TO  MAXIMIZE  AVAILABILITY  OF  THE  NYHIP  PURCHASING
 OPTIONS THROUGHOUT THE STATE.
   (B) THE OFFICE SHALL ENSURE SNAP BENEFICIARIES AND LOCALLY GROWN FRESH
 PRODUCE  SUBSCRIPTION  SERVICES, SUCH AS COMMUNITY SUPPORTED AGRICULTURE
 PARTNERSHIPS, ARE HELD HARMLESS UNDER SITUATIONS IN WHICH SNAP BENEFICI-
 ARIES LOSE BENEFITS DURING THEIR SUBSCRIPTION CONTRACT. THE OFFICE SHALL
 HONOR THE ENTIRETY OF THE SUBSCRIPTION SERVICE CONTRACT AT  THE  EXPENSE
 OF THE STATE.
   (C)    WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS
 SUBDIVISION, THE OFFICE SHALL APPLY FOR A WAIVER OR ANY OTHER  NECESSARY
 MEASURE  TO THE USDA TO AUTOMATE THE USE OF SNAP IN THE STATE TO STREAM-
 LINE NYHIP AND INCREASE ACCESS TO LOCALLY GROWN CSA SUBSCRIPTIONS.
   (D) FOR THE PURPOSES OF THIS SUBDIVISION, "COMMUNITY  SUPPORTED  AGRI-
 CULTURE PARTNERSHIPS" OR "CSA" SHALL MEAN A SYSTEM THAT CONNECTS FARMERS
 AND CONSUMERS BY ALLOWING THE CONSUMER TO INVEST IN FARMERS BY SUBSCRIB-
 ING  TO  A  HARVEST OF A CERTAIN FARM OR GROUP OF FARMS, USUALLY DONE BY
 CROP SEASON BUT MAY BE YEAR ROUND.
   § 2. This act shall take effect immediately.
 
                                  PART C
 
   Section 1. The social services law is amended by adding a new  section
 95-c to read as follows:
   §  95-C.  NEW YORK HEALTHY INCENTIVE PROGRAM (NYHIP) OUTREACH PROGRAM.
 1.   IN ACCORDANCE WITH FEDERAL REQUIREMENTS  AND  TO  THE  EXTENT  THAT
 FEDERAL  MATCHING  FUNDS ARE AVAILABLE, THE DEPARTMENT SHALL DEVELOP AND
 IMPLEMENT AN OUTREACH PLAN TO INFORM LOW-INCOME  HOUSEHOLDS  POTENTIALLY
 ELIGIBLE  TO  RECEIVE  FOOD STAMPS AND PARTICIPATE IN NYHIP TO ENCOURAGE
 THE PARTICIPATION OF ELIGIBLE HOUSEHOLDS THAT WISH TO PARTICIPATE.
   2. IN DEVELOPING AND IMPLEMENTING SUCH A PLAN  THE  DEPARTMENT  AND/OR
 ITS  LOCAL  DISTRICTS  ARE  AUTHORIZED  AND  EMPOWERED,  SUBJECT  TO THE
 APPROVAL OF THE DIRECTOR OF THE BUDGET AND PROVIDED THAT FEDERAL AID  IS
 AVAILABLE  THEREFOR,  TO  ENTER  INTO CONTRACTUAL AGREEMENTS WITH PUBLIC
 AND/OR PRIVATE ORGANIZATIONS TO DEVELOP AND IMPLEMENT  LOCAL,  REGIONAL,
 AND STATEWIDE OUTREACH PROGRAMS.
   3.  EACH  COMMISSIONER  OF SOCIAL SERVICES SHALL DEVELOP AND SUBMIT TO
 THE DEPARTMENT ON AN ANNUAL BASIS FOR ITS  APPROVAL,  A  LOCAL  OUTREACH
 A. 5880                             5
 
 PLAN  GOVERNING  THE USE OF LOCAL SOCIAL SERVICES PERSONNEL AND SERVICES
 PROVIDED BY FEDERALLY FUNDED AND OTHER  AGENCIES  AND  ORGANIZATIONS  TO
 INFORM  POTENTIALLY ELIGIBLE HOUSEHOLDS OF THE AVAILABILITY AND BENEFITS
 OF  NYHIP  AND TO ENCOURAGE AND FACILITATE THE PARTICIPATION OF ELIGIBLE
 HOUSEHOLDS.  THE  DEPARTMENT  SHALL  PROVIDE  COMMISSIONERS  OF   SOCIAL
 SERVICES WITH TECHNICAL ASSISTANCE AS NEEDED TO CARRY OUT THE PROVISIONS
 OF THIS SUBDIVISION.
   4.  AS  PART  OF  EACH  LOCAL OUTREACH PLAN, SOCIAL SERVICES OFFICIALS
 SHALL TAKE ALL STEPS NECESSARY TO MAINTAIN A SUPPLY OF INFORMATION LEAF-
 LETS IN PUBLIC BUILDINGS, INCLUDING BUT NOT LIMITED TO  LOCAL  UNEMPLOY-
 MENT  INSURANCE  AND  EMPLOYMENT  SERVICES  OFFICES OF THE DEPARTMENT OF
 LABOR, INSTITUTIONS AND FACILITIES UNDER THE SUPERVISION OR  CONTROL  OF
 THE  DEPARTMENT  OF HEALTH, FOOD STORES, UNION HALLS, COMMUNITY CENTERS,
 ENTITIES PARTICIPATING  IN  THE  NYHIP,  AND  LOCAL  AGENCIES  PROVIDING
 SERVICES  TO  THE  ELDERLY  TO  HELP  ENSURE  THAT  ELIGIBLE PERSONS ARE
 INFORMED OF THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM AND NYHIP.
   5. THE DEPARTMENT SHALL PERIODICALLY DISTRIBUTE TO ALL NEWSPAPERS, AND
 TO TELEVISION AND RADIO STATIONS THROUGHOUT THE  STATE,  PUBLIC  SERVICE
 ANNOUNCEMENTS  DESCRIBING THE NYHIP, INCLUDING THE NYHIP INTERACTIVE MAP
 AND WEBSITE, AND SHALL PROMPTLY INFORM SUCH MEDIA OF SIGNIFICANT CHANGES
 IN THE PROGRAM AFFECTING ELIGIBILITY REQUIREMENTS AND/OR THE  AMOUNT  OF
 NYHIP EARNINGS.
   6.  THE  DEPARTMENT SHALL ESTABLISH PROCEDURES IN COOPERATION WITH THE
 INDUSTRIAL COMMISSIONER OF THE DEPARTMENT OF LABOR TO ENSURE THAT INFOR-
 MATIONAL LEAFLETS ABOUT THE NYHIP ARE  SENT  TO  EACH  LOCAL  EMPLOYMENT
 SERVICES  OFFICE FOR DISTRIBUTION PURSUANT TO SECTION FIVE HUNDRED FORTY
 OF THE LABOR LAW. EACH LEAFLET SHALL INCLUDE, BUT NOT BE LIMITED TO: THE
 PHONE NUMBER FOR THE NEW YORK STATE FOOD STAMP HOTLINE;  HOW  TO  ACCESS
 THE NYHIP WEBSITE AND INTERACTIVE MAP; HOW SNAP BENEFICIARIES EARN NYHIP
 BENEFITS  BUYING LOCAL HEALTHY FOODS; ESTIMATED MAXIMUM INCOME ELIGIBIL-
 ITY LEVELS BY HOUSEHOLD SIZE FOR PARTICIPATION IN SNAP; AND  THE  AVAIL-
 ABILITY  OF  LOCAL  SOCIAL  SERVICES  DEPARTMENTS  TO PROVIDE ADDITIONAL
 INFORMATION ABOUT NYHIP.
   7. IN ACCORDANCE WITH APPLICABLE FEDERAL LAWS, RULES AND  REGULATIONS,
 THE  DEPARTMENT  SHALL MAKE AVAILABLE APPROPRIATE BILINGUAL MATERIALS SO
 THAT  POTENTIALLY  ELIGIBLE  NON-ENGLISH  SPEAKING  INDIVIDUALS  MAY  BE
 INFORMED ABOUT NYHIP.
   8.  THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS AND TAKE ALL
 OTHER  ACTIONS  NECESSARY  FOR  THE  EFFECTIVE  IMPLEMENTATION  OF  THIS
 SECTION.
   § 2. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Parts A through C of this act shall be
 as specifically set forth in the last section of such Parts.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5880--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced by M. of A. DAVILA -- read once and referred to the Committee
   on  Social  Services  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the social services law, in relation to establishing the
   New York healthy incentive program  (Part  A);  to  amend  the  social
   services  law, in relation to automating SNAP and the New York healthy
   incentive program (Part B); and to amend the social services  law,  in
   relation  to  establishing  the  New  York  healthy  incentive program
   outreach program (Part C)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act enacts into law major components of legislation
 which are necessary to implement the New York healthy incentive program.
 Each component is wholly contained within a Part identified as  Parts  A
 through  C.  The  effective date for each particular provision contained
 within such Part is set forth in the last  section  of  such  Part.  Any
 provision  in  any section contained within a Part, including the effec-
 tive date of the Part, which makes a reference to  a  section  "of  this
 act",  when  used in connection with that particular component, shall be
 deemed to mean and refer to the corresponding section  of  the  Part  in
 which  it  is  found.   Section three of this act sets forth the general
 effective date of this act.
 
                                  PART A
 
   Section 1. The social services law is amended by adding a new  section
 95-b to read as follows:
   §  95-B.  NEW  YORK HEALTHY INCENTIVE PROGRAM (NYHIP). 1.  LEGISLATIVE
 FINDINGS. THE LEGISLATURE HEREBY FINDS AND DECLARES  THAT  HEALTHY  FOOD
 INCENTIVE  PROGRAMS PROVIDE SIGNIFICANT HEALTH, EDUCATIONAL, SOCIAL, AND
 ECONOMIC BENEFITS TO THE GENERAL PUBLIC, ESPECIALLY FOR  THOSE  INDIVID-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05297-03-3
              

 A. 5880--A                          2
 
 UALS  WHO  HAVE HISTORICALLY BEEN EXCLUDED FROM ACCESS TO FRESH PRODUCE;
 IN FOOD DESERTS WHERE ACCESS TO HEALTHY AND AFFORDABLE FOOD  IS  LIMITED
 OR  WHERE THERE ARE NO GROCERY STORES; AND LOCAL FARMERS WHO STRUGGLE TO
 COMPETE  WITH  IMPORTED GOODS AND PRODUCE. FURTHERMORE, IT IS THE ARTIC-
 ULATED PUBLIC POLICY OF THIS STATE TO PROMOTE AND FOSTER GROWTH  IN  THE
 NUMBER  OF  FARM  TO  CONSUMER ENTITIES ACCEPTING SUPPLEMENTAL NUTRITION
 ASSISTANCE BENEFITS  AND  PARTICIPATE  IN  THE  HEALTHY  FOOD  INCENTIVE
 PROGRAM.  THE HEALTHY FOOD INCENTIVE PROGRAM PROVIDES EARNED DOLLARS FOR
 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM RECIPIENTS TO SPEND  ON  LOCAL
 HEALTHY FOOD THAT IS FRESH AND NUTRITIOUS FOR THOSE WHO MAY BE UNABLE TO
 READILY  AFFORD  OR  HAVE EASY ACCESS TO FRESH FRUITS AND VEGETABLES FOR
 THEMSELVES OR THEIR FAMILIES; PROMOTES HEALTHIER  INDIVIDUAL  LIFESTYLES
 BY  INCENTIVIZING BETTER EATING HABITS; FOSTERS THE RETENTION AND EXPAN-
 SION OF FARM TO CONSUMER ENTITIES, PARTICULARLY IN FOOD  INSECURE  ENVI-
 RONMENTS;  ENGENDERS A CLOSER RELATIONSHIP BETWEEN COMMUNITIES AND LOCAL
 FARMERS; INCREASES CAPACITY FOR LOCAL FARMS; AND STIMULATES LOCAL ECONO-
 MIES. IT IS THEREFORE THE INTENT OF THE LEGISLATURE AND THE  PURPOSE  OF
 THIS  SECTION TO CREATE A STATE OPERATED HEALTHY FOOD INCENTIVE PROGRAM,
 KNOWN AS THE NEW YORK HEALTHY INCENTIVE PROGRAM (NYHIP),  FOR  ALL  SNAP
 RECIPIENTS AND LOCAL ECONOMIES ACROSS THE STATE.
   2.  DEFINITIONS. A. "FARM TO CONSUMER ENTITIES" SHALL MEAN ANY SORT OF
 ENTERPRISE THAT ALLOWS LOCAL FARMERS TO SELL  THEIR  PRODUCE  AND  OTHER
 PRODUCTS  DIRECTLY  TO  THE  CONSUMER,  SUCH AS FARMERS MARKETS, CO-OPS,
 LOCALLY SOURCED COMMUNITY OWNED GROCERY STORES, AND COMMUNITY  SUPPORTED
 AGRICULTURE,  AS  DETERMINED  BY  THE  COMMISSIONER  WITH INPUT FROM THE
 COMMISSIONER OF AGRICULTURE AND MARKETS.
   B. "LOCAL" OR "LOCALLY" SHALL MEAN LOCATED WITHIN  THE  STATE  OF  NEW
 YORK,  HOWEVER, IF NEIGHBORING STATES CREATE THEIR OWN HEALTHY INCENTIVE
 PROGRAMS THE DEPARTMENT MAY MAKE AGREEMENTS OF RECIPROCITY TO ALLOW SNAP
 BENEFICIARIES TO EARN DOLLAR REWARDS FOR THE PURCHASE OF  HEALTHY  FOODS
 FROM SUCH NEIGHBORING STATE AND MAY PLACE A BOUNDARY LIMITATION BASED ON
 DISTANCE FROM STATE LINES.
   C.  "LOCAL  HEALTHY  FOOD"  SHALL  MEAN  ANY AGRICULTURAL PRODUCT THAT
 PROVIDES NUTRITIONAL SUPPORT TO HUMANS SUCH AS PRODUCE, DAIRY, MEAT  AND
 PROCESSED  FOODS  THAT  MUST  CONSIST  OF INGREDIENTS THAT ARE GROWN AND
 CULTIVATED IN THE STATE OF NEW YORK, BUT MAY BE PROCESSED ELSEWHERE. FOR
 THE PURPOSES OF THIS PARAGRAPH, "PROCESSED FOODS"  SHALL  MEAN  ANY  RAW
 AGRICULTURAL  COMMODITIES  THAT HAVE BEEN  MILLED, CUT, CHOPPED, HEATED,
 PASTEURIZED, BLANCHED, COOKED, CANNED, FROZEN, DRIED,  DEHYDRATED,    OR
 MIXED,  AND  SHALL  CONSIST  OF  AT  LEAST SEVENTY-FIVE PERCENT OF LOCAL
 INGREDIENTS.
   D. "SIMILARLY SITUATED ENTITIES" SHALL MEAN STORES OF  ANY  SIZE  THAT
 HAVE  AGREED  TO  AND SIGNED A MEMORANDUM OF UNDERSTANDING DETAILING HOW
 THEY WILL PRIORITIZE SOURCING PRODUCE AND OTHER HEALTHY  FOODS  LOCALLY,
 AGREE  TO  GOAL METRICS TO INCREASE THEIR ABILITY TO LOCALLY SOURCE, AND
 MEET THOSE METRICS TO MAINTAIN  THEIR  HEALTHY  FOOD  INCENTIVE  PROGRAM
 PARTICIPATION.  FOR  THE PURPOSES OF THIS PARAGRAPH, "STORES" SHALL MEAN
 ANY NOT FARM TO CONSUMER PRODUCE RETAILER THAT IS  CURRENTLY  AUTHORIZED
 AS  AN  ELECTRONIC  BENEFIT  TRANSFER  RETAILER, SUCH AS GROCERY STORES,
 CORNER STORES, BODEGAS, FOOD MARTS, FOOD STORES, CONVENIENCE STORES,  OR
 MARKETS.
   E. "SNAP CARD" OR "SNAP BENEFIT CARD" SHALL MEAN ANY ELECTRONIC METHOD
 IN  WHICH  THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM IS ADMINISTERED
 TO BENEFICIARIES ON A CREDIT OR DEBIT CARD, INCLUDING THROUGH THE  ELEC-
 TRONIC BENEFIT TRANSFER SYSTEM DESCRIBED IN SECTION TWENTY-ONE-A OF THIS
 CHAPTER.
 A. 5880--A                          3
 
   3.  DEPARTMENT POWERS AND DUTIES TO PROMULGATE PROGRAM. A. THE DEPART-
 MENT IS DIRECTED TO APPLY FOR ANY NECESSARY GRANT OR WAIVER  TO  PARTIC-
 IPATE IN THE GUS SCHUMACHER NUTRITION INCENTIVE PROGRAM OR SIMILAR GRANT
 ADMINISTERED  BY  THE  UNITED  STATES  DEPARTMENT OF AGRICULTURE AND THE
 NATIONAL  INSTITUTE OF FOOD AND AGRICULTURE FOR APPROVAL, AND TO ACT FOR
 THE STATE IN ANY NEGOTIATIONS RELATIVE TO THE SUBMISSION AND APPROVAL OF
 SUCH PLAN, WAIVER, OR GRANT, AND SHALL MAKE SUCH ARRANGEMENTS  AND  TAKE
 SUCH ACTION, NOT INCONSISTENT WITH LAW, AS MAY BE REQUIRED TO OBTAIN AND
 RETAIN  SUCH  APPROVAL,  TO IMPLEMENT SUCH PLAN, WAIVER, OR GRANT AND TO
 SECURE FOR THE STATE THE BENEFITS AVAILABLE.
   B. THE DEPARTMENT SHALL ACTIVELY SEARCH FOR, FIND AND APPLY FOR GRANTS
 AND OTHER STREAMS OF FUNDING TO PROMULGATE THIS SECTION  AND  FUND  THIS
 PROGRAM.
   C.  THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS AND TAKE ALL
 OTHER ACTIONS NECESSARY FOR THE EFFECTIVE CREATION AND IMPLEMENTATION OF
 NYHIP, PROVIDING EARNED DOLLARS FOR SNAP BENEFICIARIES TO SPEND ON LOCAL
 HEALTHY FOOD THAT IS FRESH  AND  NUTRITIOUS,  IN  ACCORDANCE  WITH  THIS
 SECTION.    NOTHING  IN THIS SECTION SHALL PROHIBIT OR LIMIT THE COMMIS-
 SIONER'S ABILITY TO EXPAND ACCESS TO THE NYHIP TO ALL  NEW  YORKERS,  SO
 LONG AS IT CONTINUES TO PRIORITIZE THE EARNED DOLLARS USED TO BUY LOCAL-
 LY  GROWN HEALTHY FOODS. NOTHING IN THIS SECTION SHALL PROHIBIT OR LIMIT
 THE DEPARTMENT FROM INCLUDING NEW YORK GROWN  AND  CERTIFIED  FOODS,  AS
 CREATED  BY  SECTION  ONE  HUNDRED  FIFTY-SIX-H  OF  THE AGRICULTURE AND
 MARKETS LAW, FROM BEING INCLUDED  IN  NYHIP.  NYHIP  SHALL  INCLUDE  THE
 FOLLOWING:
   I.  A  FIXED  EARNED  DOLLAR  AMOUNT FOR THE PURCHASE OF FRESH LOCALLY
 GROWN HEALTHY FOODS USING SNAP;
   II. AUTOMATION OF EARNED DOLLAR AMOUNTS ON SNAP CARDS;
   III. AUTOMATION OF SNAP BENEFIT CARDS SO SNAP BENEFICIARIES  ARE  ABLE
 TO  PARTICIPATE  IN  LOCAL COMMUNITY SUPPORTED AGRICULTURE SUBSCRIPTIONS
 AND EARN NYHIP DOLLARS;
   IV. ENSURING NYHIP IS AVAILABLE AT ALL FARM TO CONSUMER  ENTITIES  AND
 SIMILARLY SITUATED ENTITIES BY ENCOURAGING THEM TO PARTICIPATE;
   V.  CONNECTING  FARM TO CONSUMER ENTITIES AND SIMILARLY SITUATED ENTI-
 TIES WITH THE NECESSARY  RESOURCES  AND  TECHNOLOGY  TO  PARTICIPATE  IN
 NYHIP;
   VI.  REGULAR  UPDATES  AND  MAINTENANCE  OF THE MOBILE APPLICATION AND
 WEBSITE; AND
   VII. CREATION AND MAINTENANCE OF A NYHIP OUTREACH  PROGRAM  TO  ENSURE
 ALL  SNAP  BENEFICIARIES  ARE AWARE OF THE OPPORTUNITY TO PARTICIPATE IN
 SUCH PROGRAM.
   D. THE DEPARTMENT MAY CONTRACT WITH OUTSIDE  ENTITIES  TO  EFFECT  THE
 IMPLEMENTATION  AND  PROMULGATION OF NYHIP AND SHALL GIVE GREATER WEIGHT
 TO ENTITIES THAT MANAGE HEALTHY INCENTIVE PROGRAMS  IN  THE  STATE  WHEN
 DETERMINING CONTRACT AWARD.
   E.  THE DEPARTMENT SHALL ESTABLISH A GRANT PROGRAM, FOR FARMERS, FARM-
 ERS  MARKETS,  AND  COMMUNITY-SUPPORTED  AGRICULTURE  PARTNERSHIPS,   IN
 ATTAINING  ANY TECHNOLOGY NEEDED TO TAKE PAYMENT FROM SNAP BENEFICIARIES
 AND PARTICIPATE IN NYHIP.  THE  DEPARTMENT,  IN  CONSULTATION  WITH  THE
 DEPARTMENT  OF  AGRICULTURE  AND  MARKETS,  SHALL  ESTABLISH AN OUTREACH
 PROGRAM FOR FARMERS, FARMERS MARKETS, AND  COMMUNITY-SUPPORTED  AGRICUL-
 TURE  PARTNERSHIPS  TO  BE INFORMED OF NYHIP AND THE AVAILABILITY OF THE
 TECHNOLOGICAL GRANT DESCRIBED ABOVE.
   4. NYHIP MOBILE APPLICATION, WEBSITE AND INTERACTIVE MAP.  A.  I.  THE
 DEPARTMENT  SHALL  ESTABLISH A MOBILE APPLICATION AND WEBSITE TO PROMOTE
 NYHIP AND LOCATIONS AVAILABLE TO SNAP RECIPIENTS ACROSS  THE  STATE  AND
 A. 5880--A                          4
 
 PROMOTE FARM TO CONSUMER ENTITIES THAT TAKE SNAP. THE MOBILE APPLICATION
 AND WEBSITE SHALL INCLUDE, BUT IS NOT LIMITED TO:
   A. NAME, LOCATION, HOURS OF OPERATION, CONTACT INFORMATION, AND HYPER-
 LINKS,  AS AVAILABLE, TO ALL FARM TO CONSUMER ENTITIES THAT SELL LOCALLY
 GROWN HEALTHY FOOD AND ACCEPT SNAP BENEFITS; AND
   B. NAME, LOCATION, HOURS OF OPERATION, CONTACT INFORMATION, AND HYPER-
 LINKS, AS AVAILABLE, TO ALL FARMERS MARKETS, MOBILE  MARKETS,  COMMUNITY
 SUPPORTED  AGRICULTURE, OR SIMILARLY SITUATED ENTITIES THAT SELL LOCALLY
 GROWN HEALTHY FOOD THAT ARE PARTICIPANTS OF NYHIP.
   II. THE MOBILE APPLICATION AND WEBSITE SHOULD HAVE AN INTERACTIVE  MAP
 WHERE  A  USER MAY FIND FARM TO CONSUMER ENTITIES THAT TAKE SNAP AND ARE
 NYHIP PARTICIPANTS.  THIS  INFORMATION  SHOULD  ALSO  BE  SEARCHABLE  BY
 TOWN/CITY,  COUNTY,  REGION OR ANY OTHER CRITERIA THE COMMISSIONER DEEMS
 RELEVANT.
   III. THE MOBILE APPLICATION AND WEBSITE SHOULD MAKE CLEAR DISTINCTIONS
 BETWEEN FARM TO CONSUMER ENTITIES THAT JUST TAKE SNAP AND THOSE THAT ARE
 PARTICIPANTS OF NYHIP.
   B. EACH COMMISSIONER OF  SOCIAL  SERVICES  SHALL  PROVIDE  INFORMATION
 REGARDING  NYHIP  ON  THEIR  WEBSITE  AND HYPERLINKS TO THIS INTERACTIVE
 WEBSITE AND WHERE TO DOWNLOAD THE MOBILE APPLICATION ON THE  SNAP  PAGES
 OF ALL SOCIAL SERVICES WEBSITES.
   C.  THE  DEPARTMENT  SHALL  ESTABLISH  PROCEDURES FOR FARM TO CONSUMER
 ENTITIES THAT ACCEPT SNAP BENEFITS AND  NYHIP  TO  PROVIDE  THE  UPDATED
 INFORMATION  DETAILED  ABOVE  FOR THE MOBILE APPLICATION AND WEBSITE. IN
 DEVELOPING SUCH PROCEDURES, THE DEPARTMENT SHALL  PROVIDE  A  SYSTEM  IN
 WHICH  THE INFORMATION REQUIRED IN THE MOBILE APPLICATION AND WEBSITE IS
 UPDATED MONTHLY AND CONTINUOUS MAINTENANCE IS PROVIDED.
   D. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS AND TAKE  ALL
 OTHER  ACTIONS  NECESSARY  FOR  THE  EFFECTIVE  IMPLEMENTATION  OF  THIS
 SECTION.  NOTHING IN THIS SECTION SHALL PROHIBIT OR  LIMIT  THE  DEPART-
 MENT'S  ABILITY  TO  EXPAND ACCESS TO THE NYHIP INCENTIVE PROGRAM MAP TO
 ALL NEW YORKERS.
   § 2. This act shall take effect immediately.
 
                                  PART B
 
   Section 1. Section 95 of the social services law is amended by  adding
 a new subdivision 12 to read as follows:
   12.  (A)  THE  OFFICE SHALL PROMPTLY SEEK ANY NECESSARY APPROVALS FROM
 THE UNITED STATES DEPARTMENT OF AGRICULTURE FOOD AND  NUTRITION  SERVICE
 (USDA) TO AUTOMATE THE USE OF SNAP BENEFIT CARDS TO STREAMLINE THE PROC-
 ESS FOR POTENTIAL AND CURRENT RECIPIENTS TO PARTICIPATE IN LOCALLY GROWN
 FRESH  FOOD  SUBSCRIPTION SERVICES, SUCH AS COMMUNITY SUPPORTED AGRICUL-
 TURE PARTNERSHIPS, BY CONDUCTING AN  AUTOMATIC  DEDUCTION  ON  A  WEEKLY
 BASIS.  THE  OFFICE  SHALL ALSO CREATE AN AUTOMATION PROCESS FOR THE NEW
 YORK HEALTHY INCENTIVE PROGRAM (NYHIP) AS PRESCRIBED IN SECTION  NINETY-
 FIVE-B  OF  THIS  TITLE, BY ALLOWING THE STATE TO ADD THE ACCRUED INCEN-
 TIVES DIRECTLY TO A SNAP CARD. ONCE THE OFFICE RECEIVES THE WAIVER,  THE
 OFFICE  SHALL WORK WITH THE USDA AND NYHIP TO ENSURE THAT ANY INCENTIVES
 ACCRUED ARE USED BY SNAP BENEFICIARIES TO PURCHASE LOCAL  FOOD  THAT  IS
 FRESH  AND  NUTRITIOUS  FOR THOSE WHO MAY BE UNABLE TO READILY AFFORD OR
 HAVE EASY ACCESS TO FRESH FRUITS AND VEGETABLES FOR THEMSELVES OR  THEIR
 FAMILIES.  THE  OFFICE  SHALL PROMPTLY SEEK ANY NECESSARY APPROVALS FROM
 THE USDA IN ORDER TO  MAXIMIZE  AVAILABILITY  OF  THE  NYHIP  PURCHASING
 OPTIONS THROUGHOUT THE STATE.
 A. 5880--A                          5
 
   (B) THE OFFICE SHALL ENSURE SNAP BENEFICIARIES AND LOCALLY GROWN FRESH
 FOOD  SUBSCRIPTION  SERVICES,  SUCH  AS  COMMUNITY SUPPORTED AGRICULTURE
 PARTNERSHIPS, ARE HELD HARMLESS UNDER SITUATIONS IN WHICH SNAP BENEFICI-
 ARIES LOSE BENEFITS DURING THEIR SUBSCRIPTION CONTRACT. THE OFFICE SHALL
 HONOR  THE  ENTIRETY OF THE SUBSCRIPTION SERVICE CONTRACT AT THE EXPENSE
 OF THE STATE.
   (C)  WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE  OF  THIS
 SUBDIVISION,  THE OFFICE SHALL APPLY FOR A WAIVER OR ANY OTHER NECESSARY
 MEASURE TO THE USDA TO AUTOMATE THE USE OF SNAP IN THE STATE TO  STREAM-
 LINE NYHIP AND INCREASE ACCESS TO LOCALLY GROWN CSA SUBSCRIPTIONS.
   (D)  FOR  THE PURPOSES OF THIS SUBDIVISION, "COMMUNITY SUPPORTED AGRI-
 CULTURE PARTNERSHIPS" OR "CSA" SHALL MEAN A SYSTEM THAT CONNECTS FARMERS
 AND CONSUMERS BY ALLOWING THE CONSUMER TO INVEST IN FARMERS BY SUBSCRIB-
 ING TO A HARVEST OF A CERTAIN FARM OR GROUP OF FARMS,  USUALLY  DONE  BY
 CROP SEASON BUT MAY BE YEAR ROUND.
   § 2. This act shall take effect immediately.
 
                                  PART C

   Section  1. The social services law is amended by adding a new section
 95-c to read as follows:
   § 95-C. NEW YORK HEALTHY INCENTIVE PROGRAM (NYHIP)  OUTREACH  PROGRAM.
 1.    IN  ACCORDANCE  WITH  FEDERAL  REQUIREMENTS AND TO THE EXTENT THAT
 FEDERAL MATCHING FUNDS ARE AVAILABLE, THE DEPARTMENT SHALL  DEVELOP  AND
 IMPLEMENT  AN  OUTREACH PLAN TO INFORM LOW-INCOME HOUSEHOLDS POTENTIALLY
 ELIGIBLE TO RECEIVE FOOD STAMPS AND PARTICIPATE IN  NYHIP  TO  ENCOURAGE
 THE PARTICIPATION OF ELIGIBLE HOUSEHOLDS THAT WISH TO PARTICIPATE.
   2.  IN  DEVELOPING AND IMPLEMENTING SUCH A PLAN THE DEPARTMENT AND ITS
 LOCAL DISTRICTS ARE AUTHORIZED AND EMPOWERED, SUBJECT TO THE APPROVAL OF
 THE DIRECTOR OF THE BUDGET AND PROVIDED THAT FEDERAL  AID  IS  AVAILABLE
 THEREFOR,  TO  ENTER  INTO  CONTRACTUAL  AGREEMENTS  WITH  PUBLIC AND/OR
 PRIVATE ORGANIZATIONS TO DEVELOP  AND  IMPLEMENT  LOCAL,  REGIONAL,  AND
 STATEWIDE OUTREACH PROGRAMS.
   3.  EACH  COMMISSIONER  OF SOCIAL SERVICES SHALL DEVELOP AND SUBMIT TO
 THE DEPARTMENT ON AN ANNUAL BASIS FOR ITS  APPROVAL,  A  LOCAL  OUTREACH
 PLAN  GOVERNING  THE USE OF LOCAL SOCIAL SERVICES PERSONNEL AND SERVICES
 PROVIDED BY FEDERALLY FUNDED AND OTHER  AGENCIES  AND  ORGANIZATIONS  TO
 INFORM  POTENTIALLY ELIGIBLE HOUSEHOLDS OF THE AVAILABILITY AND BENEFITS
 OF NYHIP AND TO ENCOURAGE AND FACILITATE THE PARTICIPATION  OF  ELIGIBLE
 HOUSEHOLDS.   THE  DEPARTMENT  SHALL  PROVIDE  COMMISSIONERS  OF  SOCIAL
 SERVICES WITH TECHNICAL ASSISTANCE AS NEEDED TO CARRY OUT THE PROVISIONS
 OF THIS SUBDIVISION.
   4. AS PART OF EACH LOCAL  OUTREACH  PLAN,  SOCIAL  SERVICES  OFFICIALS
 SHALL TAKE ALL STEPS NECESSARY TO MAINTAIN A SUPPLY OF INFORMATION LEAF-
 LETS  IN  PUBLIC BUILDINGS, INCLUDING BUT NOT LIMITED TO LOCAL UNEMPLOY-
 MENT INSURANCE AND EMPLOYMENT SERVICES  OFFICES  OF  THE  DEPARTMENT  OF
 LABOR,  INSTITUTIONS  AND FACILITIES UNDER THE SUPERVISION OR CONTROL OF
 THE DEPARTMENT OF HEALTH, FOOD STORES, UNION HALLS,  COMMUNITY  CENTERS,
 ENTITIES  PARTICIPATING  IN NYHIP, AND LOCAL AGENCIES PROVIDING SERVICES
 TO THE ELDERLY TO HELP ENSURE THAT ELIGIBLE PERSONS ARE INFORMED OF  THE
 SUPPLEMENTAL  NUTRITION  ASSISTANCE  PROGRAM AND NYHIP. ADDITIONALLY, AS
 PART OF THE LOCAL OUTREACH PLAN, SOCIAL SERVICES OFFICIALS SHALL  ENSURE
 THAT  EVERY  NEW  SUPPLEMENTAL  NUTRITION  ASSISTANCE  PROGRAM APPLICANT
 RECEIVES INFORMATION ON NYHIP UPON  SUBMISSION  OF  AN  APPLICATION  AND
 SHALL  PROVIDE  SUCH  INFORMATION  IN THE HOME LANGUAGE OF THE APPLICANT
 PURSUANT TO ANY FEDERAL AND STATE LAWS, RULES AND REGULATIONS.
 A. 5880--A                          6
 
   5. THE DEPARTMENT SHALL PERIODICALLY DISTRIBUTE TO ALL NEWSPAPERS, AND
 TO TELEVISION AND RADIO STATIONS THROUGHOUT THE  STATE,  PUBLIC  SERVICE
 ANNOUNCEMENTS  DESCRIBING NYHIP, INCLUDING THE NYHIP INTERACTIVE MAP AND
 WEBSITE, AND SHALL PROMPTLY INFORM SUCH MEDIA OF SIGNIFICANT CHANGES  IN
 THE  PROGRAM  AFFECTING  ELIGIBILITY  REQUIREMENTS  AND/OR THE AMOUNT OF
 NYHIP EARNINGS.
   6. THE DEPARTMENT SHALL ESTABLISH PROCEDURES IN COOPERATION  WITH  THE
 INDUSTRIAL COMMISSIONER OF THE DEPARTMENT OF LABOR TO ENSURE THAT INFOR-
 MATIONAL LEAFLETS ABOUT NYHIP ARE SENT TO EACH LOCAL EMPLOYMENT SERVICES
 OFFICE  FOR  DISTRIBUTION  PURSUANT TO SECTION FIVE HUNDRED FORTY OF THE
 LABOR LAW. EACH LEAFLET SHALL INCLUDE, BUT NOT BE LIMITED TO: THE  PHONE
 NUMBER  FOR  THE  NEW  YORK  STATE FOOD STAMP HOTLINE; HOW TO ACCESS THE
 NYHIP WEBSITE AND INTERACTIVE MAP; HOW  SNAP  BENEFICIARIES  EARN  NYHIP
 BENEFITS  BUYING LOCAL HEALTHY FOODS; ESTIMATED MAXIMUM INCOME ELIGIBIL-
 ITY LEVELS BY HOUSEHOLD SIZE FOR PARTICIPATION IN SNAP; AND  THE  AVAIL-
 ABILITY  OF  LOCAL  SOCIAL  SERVICES  DEPARTMENTS  TO PROVIDE ADDITIONAL
 INFORMATION ABOUT NYHIP.
   7. IN ACCORDANCE WITH APPLICABLE FEDERAL AND  STATE  LAWS,  RULES  AND
 REGULATIONS,  THE DEPARTMENT SHALL MAKE AVAILABLE APPROPRIATE TRANSLATED
 MATERIALS SO THAT POTENTIALLY ELIGIBLE NON-ENGLISH SPEAKING  INDIVIDUALS
 MAY BE INFORMED ABOUT NYHIP.
   8.  THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS AND TAKE ALL
 OTHER  ACTIONS  NECESSARY  FOR  THE  EFFECTIVE  IMPLEMENTATION  OF  THIS
 SECTION.
   § 2. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Parts A through C of this act shall be
 as specifically set forth in the last section of such Parts.