A 839: Permits a school food authority to attribute moneys spent on purchases of food products from New York state farmers, growers, producers or processors made for its school breakfast program to the thirty percent of costs for school breakfast, snack and lunch service programs.

  
  STATE OF NEW YORK ________________________________________________________________________ 839 2025-2026 Regular Sessions  IN ASSEMBLY (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: 1 Section 1. Subdivisions b and c of section 5 of chapter 537 of the 2 laws of 1976, relating to paid, free and reduced price breakfast for 3 eligible pupils in certain school districts, subdivision b as amended by 4 section 32-a of part A of chapter 56 of the laws of 2024 and subdivision 5 c as amended by section 22-b of part A of chapter 56 of the laws of 6 2022, are amended to read as follows: 7 b. Notwithstanding any monetary limitations with respect to school 8 lunch programs contained in any law or regulation, for school lunch 9 meals served in the school year commencing July 1, 2022 and each July 1 10 thereafter, a school food authority shall be eligible for a State subsi- 11 dy equal to $0.1901 per free and paid school lunch meal, and $0.0519 per 12 reduced-price lunch meal, for any school lunch meal served by such 13 school food authority; provided that the school food authority certifies 14 to the Department of Agriculture and Markets through the application 15 submitted pursuant to subdivision c of this section that such food 16 authority has purchased at least thirty percent of its total cost of 17 food products for its school lunch service program from New York state 18 farmers, growers, producers or processors in the preceding school year. 19 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 1 authority shall be allowed to attribute moneys spent on purchases of 2 food products from New York state farmers, growers, producers or proces- 3 sors made for its school breakfast program to the thirty percent of 4 costs for school breakfast and lunch service programs. 5 c. The Department of Agriculture and Markets in cooperation with the 6 State Education Department, shall develop an application for school food 7 authorities to seek an additional State subsidy pursuant to this section 8 in a timeline and format prescribed by the commissioner of agriculture 9 and markets. Such application shall include, but not be limited to, 10 documentation demonstrating the school food authority's total food 11 purchases for its school breakfast and lunch service program, and 12 documentation demonstrating its total food purchases and percentages for 13 such program, permitted to be counted under this section, from New York 14 State farmers, growers, producers or processors in the preceding school 15 year. The application shall also include an attestation from the school 16 food authority's chief operating officer that it purchased at least 17 thirty percent of its total cost of food products, permitted to be 18 counted under this section, for its school breakfast and lunch service 19 program from New York State farmers, growers, producers or processors in 20 the preceding school year in order to meet the requirements for this 21 additional State subsidy. School food authorities shall be required to 22 annually apply for this subsidy. After reviewing school food authori- 23 ties' completed applications for an additional State subsidy pursuant to 24 this section, the Department of Agriculture and Markets shall certify to 25 the State Education Department the school food authorities approved for 26 such additional State subsidy and the State Education Department shall 27 pay such additional State subsidy to such school food authorities. 28 § 2. This act shall take effect immediately.