S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    839
 
                        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 -- read once  and  referred  to  the
   Committee on Education
 
 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
 farmers, growers, producers or processors in the preceding school  year.
 COMMENCING  JULY  1,  2025,  AND  EACH  JULY 1 THEREAFTER, A SCHOOL FOOD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00594-01-5
 A. 839                              2
 
 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 PROGRAM 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  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 AND lunch service
 program from New York State farmers, growers, producers or processors in
 the preceding school year in order to meet  the  requirements  for  this
 additional  State  subsidy. School food authorities shall be required to
 annually apply for this subsidy. After reviewing  school  food  authori-
 ties' 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 authorities 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.