Bill Text: NY A05880 | 2023-2024 | General Assembly | Amended
Bill Title: Establishes the New York healthy incentive program (Part A); automates SNAP and the New York healthy incentive program (Part B); establishes the New York healthy incentive program outreach program (Part C).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-03-12 - print number 5880b [A05880 Detail]
Download: New_York-2023-A05880-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5880--B 2023-2024 Regular Sessions IN ASSEMBLY 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 -- recommitted to the Committee on Social Services in accordance with Assembly Rule 3, sec. 2 -- 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: 1 Section 1. This act enacts into law major components of legislation 2 which are necessary to implement the New York healthy incentive program. 3 Each component is wholly contained within a Part identified as Parts A 4 through C. The effective date for each particular provision contained 5 within such Part is set forth in the last section of such Part. Any 6 provision in any section contained within a Part, including the effec- 7 tive date of the Part, which makes a reference to a section "of this 8 act", when used in connection with that particular component, shall be 9 deemed to mean and refer to the corresponding section of the Part in 10 which it is found. Section three of this act sets forth the general 11 effective date of this act. 12 PART A 13 Section 1. The social services law is amended by adding a new section 14 95-b to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05297-05-4A. 5880--B 2 1 § 95-b. New York healthy incentive program (NYHIP). 1. Legislative 2 findings. The legislature hereby finds and declares that healthy food 3 incentive programs provide significant health, educational, social, and 4 economic benefits to the general public, especially for those individ- 5 uals who have historically been excluded from access to fresh produce; 6 in food deserts where access to healthy and affordable food is limited 7 or where there are no grocery stores; and local farmers who struggle to 8 compete with imported goods and produce. Furthermore, it is the artic- 9 ulated public policy of this state to promote and foster growth in the 10 number of farm to consumer entities accepting supplemental nutrition 11 assistance benefits and participate in the healthy food incentive 12 program. The healthy food incentive program provides earned dollars for 13 supplemental nutrition assistance program recipients to spend on local 14 healthy food that is fresh and nutritious for those who may be unable to 15 readily afford or have easy access to fresh fruits and vegetables for 16 themselves or their families; promotes healthier individual lifestyles 17 by incentivizing better eating habits; fosters the retention and expan- 18 sion of farm to consumer entities, particularly in food insecure envi- 19 ronments; engenders a closer relationship between communities and local 20 farmers; increases capacity for local farms; and stimulates local econo- 21 mies. It is therefore the intent of the legislature and the purpose of 22 this section to create a state operated healthy food incentive program, 23 known as the New York healthy incentive program (NYHIP), for all SNAP 24 recipients and local economies across the state. 25 2. Definitions. For the purposes of this section and section ninety- 26 five-c of this title: 27 a. "Office" shall mean the office of temporary and disability assist- 28 ance. 29 b. "Commissioner" shall mean the commissioner of the office of tempo- 30 rary and disability assistance. 31 c. "Farm to consumer entities" shall mean any sort of enterprise that 32 allows local farmers to sell their produce and other products directly 33 to the consumer, such as farmers markets, co-ops, locally sourced commu- 34 nity owned grocery stores, and community supported agriculture, as 35 determined by the commissioner with input from the commissioner of agri- 36 culture and markets. 37 d. "Local" or "locally" shall mean located within the state of New 38 York, however, if neighboring states create their own healthy incentive 39 programs the office may make agreements of reciprocity to allow SNAP 40 beneficiaries to earn dollar rewards for the purchase of healthy foods 41 from such neighboring state and may place a boundary limitation based on 42 distance from state lines. 43 e. "Local healthy food" shall mean any agricultural product that 44 provides nutritional support to humans such as produce, dairy, meat and 45 processed foods that must consist of ingredients that are grown and 46 cultivated in the state of New York, but may be processed elsewhere. For 47 the purposes of this paragraph, "processed foods" shall mean any raw 48 agricultural commodities that have been milled, cut, chopped, heated, 49 pasteurized, blanched, cooked, canned, frozen, dried, dehydrated, or 50 mixed, and shall consist of at least seventy-five percent of local 51 ingredients. 52 f. "Similarly situated entities" shall mean stores of any size that 53 have agreed to and signed a memorandum of understanding detailing how 54 they will prioritize sourcing produce and other healthy foods locally, 55 agree to goal metrics to increase their ability to locally source, and 56 meet those metrics to maintain their healthy food incentive programA. 5880--B 3 1 participation. For the purposes of this paragraph, "stores" shall mean 2 any not farm to consumer produce retailer that is currently authorized 3 as an electronic benefit transfer retailer, such as grocery stores, 4 corner stores, bodegas, food marts, food stores, convenience stores, or 5 markets. 6 g. "SNAP card" or "SNAP benefit card" shall mean any electronic method 7 in which the supplemental nutrition assistance program is administered 8 to beneficiaries on a credit or debit card, including through the elec- 9 tronic benefit transfer system described in section twenty-one-a of this 10 chapter. 11 3. Office powers and duties to promulgate program. a. The office is 12 directed to apply for any necessary grant or waiver to participate in 13 the Gus Schumacher Nutrition Incentive Program or similar grant adminis- 14 tered by the United States Department of Agriculture and the National 15 Institute of Food and Agriculture for approval, and to act for the state 16 in any negotiations relative to the submission and approval of such 17 plan, waiver, or grant, and shall make such arrangements and take such 18 action, not inconsistent with law, as may be required to obtain and 19 retain such approval, to implement such plan, waiver, or grant and to 20 secure for the state the benefits available. 21 b. The office shall actively search for, find and apply for grants and 22 other streams of funding to promulgate this section and fund this 23 program. 24 c. The office shall promulgate rules and regulations and take all 25 other actions necessary for the effective creation and implementation of 26 NYHIP, providing earned dollars for SNAP beneficiaries to spend on local 27 healthy food that is fresh and nutritious, in accordance with this 28 section. Nothing in this section shall prohibit or limit the commis- 29 sioner's ability to expand access to NYHIP to all New Yorkers, so long 30 as it continues to prioritize the earned dollars used to buy locally 31 grown healthy foods. Nothing in this section shall prohibit or limit the 32 office from including New York grown and certified foods, as created by 33 section one hundred fifty-six-h of the agriculture and markets law, from 34 being included in NYHIP. NYHIP shall include the following: 35 i. A fixed earned dollar amount for the purchase of fresh locally 36 grown healthy foods using SNAP; 37 ii. Automation of earned dollar amounts on SNAP cards; 38 iii. Automation of SNAP benefit cards so SNAP beneficiaries are able 39 to participate in local community supported agriculture subscriptions 40 and earn NYHIP dollars; 41 iv. Ensuring NYHIP is available at all farm to consumer entities and 42 similarly situated entities by encouraging them to participate; 43 v. Connecting farm to consumer entities and similarly situated enti- 44 ties with the necessary resources and technology to participate in 45 NYHIP; 46 vi. Regular updates and maintenance of the mobile application and 47 website; and 48 vii. Creation and maintenance of a NYHIP outreach program to ensure 49 all SNAP beneficiaries are aware of the opportunity to participate in 50 such program. 51 d. The office may contract with outside entities to effect the imple- 52 mentation and promulgation of NYHIP and shall give greater weight to 53 entities that manage healthy incentive programs in the state when deter- 54 mining contract award. 55 e. The office shall establish a grant program, for farmers, farmers 56 markets, and community-supported agriculture partnerships, in attainingA. 5880--B 4 1 any technology needed to take payment from SNAP beneficiaries and 2 participate in NYHIP. The office, in consultation with the department of 3 agriculture and markets, shall establish an outreach program for farm- 4 ers, farmers markets, and community-supported agriculture partnerships 5 to be informed of NYHIP and the availability of the technological grant 6 described above. 7 4. NYHIP mobile application, website and interactive map. a. i. The 8 office shall establish a mobile application and website to promote NYHIP 9 and locations available to SNAP recipients across the state and promote 10 farm to consumer entities that take SNAP. The mobile application and 11 website shall include, but is not limited to: 12 A. Name, location, hours of operation, contact information, and hyper- 13 links, as available, to all farm to consumer entities that sell locally 14 grown healthy food and accept SNAP benefits; and 15 B. Name, location, hours of operation, contact information, and hyper- 16 links, as available, to all farmers markets, mobile markets, community 17 supported agriculture, or similarly situated entities that sell locally 18 grown healthy food that are participants of NYHIP. 19 ii. The mobile application and website should have an interactive map 20 where a user may find farm to consumer entities that take SNAP and are 21 NYHIP participants. This information should also be searchable by 22 town/city, county, region or any other criteria the commissioner deems 23 relevant. 24 iii. The mobile application and website should make clear distinctions 25 between farm to consumer entities that just take SNAP and those that are 26 participants of NYHIP. 27 b. Each commissioner of social services shall provide information 28 regarding NYHIP on their website and hyperlinks to this interactive 29 website and where to download the mobile application on the SNAP pages 30 of all social services websites. 31 c. The office shall establish procedures for farm to consumer entities 32 that accept SNAP benefits and NYHIP to provide the updated information 33 detailed above for the mobile application and website. In developing 34 such procedures, the office shall provide a system in which the informa- 35 tion required in the mobile application and website is updated monthly 36 and continuous maintenance is provided. 37 d. The office shall promulgate rules and regulations and take all 38 other actions necessary for the effective implementation of this 39 section. Nothing in this section shall prohibit or limit the depart- 40 ment's ability to expand access to the NYHIP incentive program map to 41 all New Yorkers. 42 § 2. This act shall take effect immediately. 43 PART B 44 Section 1. Section 95 of the social services law is amended by adding 45 a new subdivision 12 to read as follows: 46 12. (a) The office shall promptly seek any necessary approvals from 47 the United States department of agriculture food and nutrition service 48 (USDA) to automate the use of SNAP benefit cards to streamline the proc- 49 ess for potential and current recipients to participate in locally grown 50 fresh food subscription services, such as community supported agricul- 51 ture partnerships, by conducting an automatic deduction on a weekly 52 basis. The office shall also create an automation process for the New 53 York healthy incentive program (NYHIP) as prescribed in section ninety- 54 five-b of this title, by allowing the state to add the accrued incen-A. 5880--B 5 1 tives directly to a SNAP card. Once the office receives the waiver, the 2 office shall work with the USDA and NYHIP to ensure that any incentives 3 accrued are used by SNAP beneficiaries to purchase local food that is 4 fresh and nutritious for those who may be unable to readily afford or 5 have easy access to fresh fruits and vegetables for themselves or their 6 families. The office shall promptly seek any necessary approvals from 7 the USDA in order to maximize availability of NYHIP purchasing options 8 throughout the state. 9 (b) The office shall ensure SNAP beneficiaries and locally grown fresh 10 food subscription services, such as community supported agriculture 11 partnerships, are held harmless under situations in which SNAP benefici- 12 aries lose benefits during their subscription contract. The office shall 13 honor the entirety of the subscription service contract at the expense 14 of the state. 15 (c) Within one hundred eighty days after the effective date of this 16 subdivision, the office shall apply for a waiver or any other necessary 17 measure to the USDA to automate the use of SNAP in the state to stream- 18 line NYHIP and increase access to locally grown CSA subscriptions. 19 (d) For the purposes of this subdivision, "community supported agri- 20 culture partnerships" or "CSA" shall mean a system that connects farmers 21 and consumers by allowing the consumer to invest in farmers by subscrib- 22 ing to a harvest of a certain farm or group of farms, usually done by 23 crop season but may be year round. 24 § 2. This act shall take effect immediately. 25 PART C 26 Section 1. The social services law is amended by adding a new section 27 95-c to read as follows: 28 § 95-c. New York healthy incentive program (NYHIP) outreach program. 29 1. In accordance with federal requirements and to the extent that 30 federal matching funds are available, the office shall develop and 31 implement an outreach plan to inform low-income households potentially 32 eligible to receive food stamps and participate in NYHIP to encourage 33 the participation of eligible households that wish to participate. 34 2. In developing and implementing such a plan the office is authorized 35 and empowered, subject to the approval of the director of the budget and 36 provided that federal aid is available therefor, to enter into contrac- 37 tual agreements with public and/or private organizations to develop and 38 implement local, regional, and statewide outreach programs. 39 3. Each commissioner of social services shall develop and submit to 40 the office on an annual basis for its approval, a local outreach plan 41 governing the use of local social services personnel and services 42 provided by federally funded and other agencies and organizations to 43 inform potentially eligible households of the availability and benefits 44 of NYHIP and to encourage and facilitate the participation of eligible 45 households. The office shall provide commissioners of social services 46 with technical assistance as needed to carry out the provisions of this 47 subdivision. 48 4. As part of each local outreach plan, social services officials 49 shall take all steps necessary to maintain a supply of information leaf- 50 lets in public buildings, including but not limited to local unemploy- 51 ment insurance and employment services offices of the department of 52 labor, institutions and facilities under the supervision or control of 53 the department of health, food stores, union halls, community centers, 54 entities participating in NYHIP, and local agencies providing servicesA. 5880--B 6 1 to the elderly to help ensure that eligible persons are informed of the 2 supplemental nutrition assistance program and NYHIP. Additionally, as 3 part of the local outreach plan, social services officials shall ensure 4 that every new supplemental nutrition assistance program applicant 5 receives information on NYHIP upon submission of an application and 6 shall provide such information in the home language of the applicant 7 pursuant to any federal and state laws, rules and regulations. 8 5. The office shall periodically distribute to all newspapers, and to 9 television and radio stations throughout the state, public service 10 announcements describing NYHIP, including the NYHIP interactive map and 11 website, and shall promptly inform such media of significant changes in 12 the program affecting eligibility requirements and/or the amount of 13 NYHIP earnings. 14 6. The office shall establish procedures in cooperation with the 15 industrial commissioner of the department of labor to ensure that infor- 16 mational leaflets about NYHIP are sent to each local employment services 17 office for distribution pursuant to section five hundred forty of the 18 labor law. Each leaflet shall include, but not be limited to: the phone 19 number for the New York state food stamp hotline; how to access the 20 NYHIP website and interactive map; how SNAP beneficiaries earn NYHIP 21 benefits buying local healthy foods; estimated maximum income eligibil- 22 ity levels by household size for participation in SNAP; and the avail- 23 ability of local social services departments to provide additional 24 information about NYHIP. 25 7. In accordance with applicable federal and state laws, rules and 26 regulations, the office shall make available appropriate translated 27 materials so that potentially eligible non-English speaking individuals 28 may be informed about NYHIP. 29 8. The office shall promulgate rules and regulations and take all 30 other actions necessary for the effective implementation of this 31 section. 32 § 2. This act shall take effect immediately. 33 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 34 sion, section or part of this act shall be adjudged by any court of 35 competent jurisdiction to be invalid, such judgment shall not affect, 36 impair, or invalidate the remainder thereof, but shall be confined in 37 its operation to the clause, sentence, paragraph, subdivision, section 38 or part thereof directly involved in the controversy in which such judg- 39 ment shall have been rendered. It is hereby declared to be the intent of 40 the legislature that this act would have been enacted even if such 41 invalid provisions had not been included herein. 42 § 3. This act shall take effect immediately; provided, however, that 43 the applicable effective date of Parts A through C of this act shall be 44 as specifically set forth in the last section of such Parts.
