S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  839--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of A. McMAHON, BUTTENSCHON, LUPARDO, JACKSON, JONES,
   ROSENTHAL,  GONZALEZ-ROJAS,  STIRPE,  MAGNARELLI,  WOERNER,   BRONSON,
   CLARK,  BENDETT,  ANGELINO, BARRETT, RAMOS, MANKTELOW, MILLER, KELLES,
   BERGER, SLATER, BORES, CUNNINGHAM, ANDERSON, REYES, DeSTEFANO,  GIGLIO
   --  read  once and referred to the Committee on Education -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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 purchases of food  products  from  New  York
   state farmers, growers, producers or processors
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions b and c of section 5 of  chapter  537  of  the
 laws  of  1976,  relating  to paid, free and reduced price breakfast for
 eligible pupils in certain school districts, subdivision b as amended by
 section 32-a of part A of chapter 56 of the laws of 2024 and subdivision
 c as amended by section 22-b of part A of chapter  56  of  the  laws  of
 2022, are amended to read as follows:
   b.  Notwithstanding  any  monetary  limitations with respect to school
 lunch programs contained in any law  or  regulation,  for  school  lunch
 meals  served in the school year commencing July 1, 2022 and each July 1
 thereafter, a school food authority shall be eligible for a State subsi-
 dy equal to $0.1901 per free and paid school lunch meal, and $0.0519 per
 reduced-price lunch meal, for any  school  lunch  meal  served  by  such
 school food authority; provided that the school food authority certifies
 to  the  Department  of  Agriculture and Markets through the application
 submitted pursuant to subdivision c  of  this  section  that  such  food
 authority  has  purchased  at  least thirty percent of its total cost of
 food products for its school lunch service program from New  York  state
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00594-05-5
 A. 839--A                           2
 
 farmers,  growers, producers or processors in the preceding school year.
 COMMENCING JULY 1, 2025, AND EACH  JULY  1  THEREAFTER,  A  SCHOOL  FOOD
 AUTHORITY  SHALL  BE  ALLOWED  TO ATTRIBUTE MONEYS SPENT ON PURCHASES OF
 FOOD PRODUCTS FROM NEW YORK STATE FARMERS, GROWERS, PRODUCERS OR PROCES-
 SORS  MADE  FOR  ITS  SCHOOL  BREAKFAST  OR SNACK PROGRAMS TO THE THIRTY
 PERCENT OF COSTS FOR SCHOOL BREAKFAST AND LUNCH SERVICE PROGRAMS.
   c. The Department of Agriculture and Markets in cooperation  with  the
 State Education Department, shall develop an application for school food
 authorities to seek an additional State subsidy pursuant to this section
 in  a  timeline and format prescribed by the commissioner of agriculture
 and markets. Such application shall include,  but  not  be  limited  to,
 documentation  demonstrating  the  school  food  authority's  total food
 purchases for its school BREAKFAST, SNACK, AND  lunch  service  program,
 and documentation demonstrating its total food purchases and percentages
 for  such  program, PERMITTED TO BE COUNTED UNDER THIS SECTION, from New
 York State farmers, growers, producers or processors  in  the  preceding
 school  year. The application shall also include an attestation from the
 school food authority's chief operating officer  that  it  purchased  at
 least thirty percent of its total cost of food products, PERMITTED TO BE
 COUNTED  UNDER  THIS SECTION, for its school BREAKFAST, SNACK, AND lunch
 service program from New  York  State  farmers,  growers,  producers  or
 processors  in  the  preceding school year in order to meet the require-
 ments for this additional State subsidy. School food  authorities  shall
 be  required  to annually apply for this subsidy. After reviewing school
 food authorities' completed applications for an additional State subsidy
 pursuant to this section, the  Department  of  Agriculture  and  Markets
 shall certify to the State Education Department the school food authori-
 ties  approved for such additional State subsidy and the State Education
 Department shall pay such additional State subsidy to such  school  food
 authorities.
   § 2. This act shall take effect immediately.