BILL NUMBER: S8378

SPONSOR: HINCHEY
 
TITLE OF BILL:

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 the amount of state subsidies for school
lunches

 
PURPOSE:

The purpose of this legislation is to encourage school districts to
continue to participate in the successful Farm to School Program (30%
NYS Incentive) while also participating in the Community Eligibility
Provision (CEP) by removing disincentives which were unintendedly
created when the CEP was implemented in the 2023 budget.

 
SUMMARY OF PROVISIONS:

Section 1: Section 22-b of part A of chapter 56 of the laws of 2022 is
amended.
              

Section 2: Effective Date

 
JUSTIFICATION:

The Farm to School Program, commonly referred to as the 30% NYS Incen-
tive, created in 2018 provides additional funding, up to twenty-five
cents per lunch, to school districts that spend 30% of their food budget
on qualified, NYS-grown products. The program has been successful in
providing students with locally produced nutritional foods while also
supporting the State's farming community.

Last year, the State took the first step toward instituting universal
free school meals by creating the Community Eligibility Provision (CEP)
state subsidy. The creation of CEP program, unfortunately, has resulted
in a disincentive for school districts to participate in the Farm to
School program.

According to a recent study by American Farmland Trust entitled The 30%
NYS Initiative: Designing Opportunities for Access. Equity and Economic
Impact in NY's Farm to School Incentive Program:  "Unfortunately, this
new program conflicts with the existing 30% NYS Initiative, resulting in
specific CEP- participating schools receiving up to 58% less in Initi-
ative reimbursement. This affects at least 70% of the SFA's (School Food
Authority) that were approved for additional initiative reimbursement in
2023-24 that have a total student enrollment of over 60,000." The report
concludes the conflict will only grow if the State adopts a universal
meals policy. A simple change in the law from "shall not exceed 25
cents" to "an additional 25 cents" will allow both programs to fulfill
their missions.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

This legislation will have no fiscal implications as the program is
already fully funded in the budget.

 
EFFECTIVE DATE:
This act would take effect immediately.