STATE OF NEW YORK
        ________________________________________________________________________

                                         4892--A
            Cal. No. 463

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 17, 2021
                                       ___________

        Introduced  by  Sens. HINCHEY, BORRELLO, JORDAN, KRUEGER, PARKER -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Agriculture -- reported favorably from said committee and
          committed  to the Committee on Finance -- reported favorably from said
          committee, ordered to first report, amended on first  report,  ordered
          to  a  second report and ordered reprinted, retaining its place in the
          order of second report

        AN ACT to amend the agriculture and markets  law,  in  relation  to  the
          Nourish New York program

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The agriculture and markets law is amended by adding a  new
     2  article 27 to read as follows:
     3                                 ARTICLE 27
     4                              NOURISH NEW YORK
     5  Section 450. Declaration of legislative findings and intent.
     6          451. Definitions.
     7          452. Nourish New York program.
     8    § 450. Declaration of legislative findings and intent. While the Nour-
     9  ish  New York program was developed in response to disrupted food supply
    10  chains due to the COVID-19 pandemic, it  has  emerged  as  an  important
    11  innovation,  significantly  supporting the state's farms while providing
    12  nourishing fresh foods  to  people  experiencing  food  insecurity.  The
    13  COVID-19  crisis  unveiled  the  weaknesses  in  our state's food supply
    14  system and has caused serious economic hardships for the  state's  farms
    15  and agribusinesses.  But, in the ten months since its inception, Nourish
    16  New  York  has  already strengthened the state's food supply network and
    17  expanded markets for New York farm products. The local food movement has
    18  also gained significant momentum during the  pandemic,  with  increasing
    19  numbers  of  New  Yorkers  wanting  to know where their food is sourced.
    20  This presents the state with a major opportunity to  support  our  local

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09808-06-1

        S. 4892--A                          2

     1  economies  and  create  greater  equity  in our food system by providing
     2  greater access to local, healthy options in food insecure areas  through
     3  making the Nourish New York program permanent.
     4    §  451.  Definitions.  1. "Food relief organization" means a religious
     5  organization or other not-for-profit that  provides  food  for  free  to
     6  persons  experiencing  food  insecurity,  including but not limited to a
     7  food pantry, food bank, or soup kitchen or community-based  organization
     8  that provides food for free to persons experiencing food insecurity.
     9    2. "Surplus agricultural products" means consumable or edible agricul-
    10  tural  products  grown  in  New  York  but shall not include condiments,
    11  sweeteners or beverages containing alcohol.
    12    § 452. Nourish New York program. 1. The  commissioner  shall,  to  the
    13  extent  permitted  by  state or federal appropriations for such purpose,
    14  facilitate programming that ensures surplus  agricultural  products  are
    15  provided to food relief organizations at competitive wholesale prices.
    16    2. The commissioner shall provide technical assistance and information
    17  about  the  program  to  food relief organizations, producers of surplus
    18  agricultural products and the public, including,  but  not  limited  to,
    19  information posted on the department's website.
    20    3.  The commissioner shall provide means, which may include posting on
    21  the department's website, for producers to make available surplus  agri-
    22  cultural  products  and  for food relief organizations to access surplus
    23  agricultural products.
    24    4. The commissioner, in consultation with the  department  of  health,
    25  shall review the current funding structure, funding adequacy and current
    26  service  levels of the hunger prevention nutrition assistance program in
    27  all regions of the state. Review of current service  levels  shall  take
    28  into  account  the  size  of the service area, the population in need of
    29  such hunger prevention nutrition assistance program  and  the  need  for
    30  additional  facilities  within  a  region in order to address increasing
    31  food insecurity and hunger.  Following  such  review,  the  commissioner
    32  shall make and report any recommendations, including but not limited to,
    33  increasing the maximum amount of money each food pantry may be allocated
    34  by  such  program,  whether  such  program funding should be indexed for
    35  inflation annually, and any  structural  and  funding  adequacy  changes
    36  deemed necessary.
    37    5. The commissioner shall review and report on the need to establish a
    38  grant  program  to  fund  the  purchase  of  cold  storage equipment for
    39  regional food banks, food pantries and other  emergency  food  organiza-
    40  tions.  Such  grant  program  shall prioritize regions of the state that
    41  have the highest demand for emergency food  and  regions  of  the  state
    42  where regional food banks and pantries have determined the need for more
    43  capacity  to  safely  store perishable food before such food is distrib-
    44  uted.  Such report shall be completed and submitted to the governor  and
    45  the legislature no later than February first, two thousand twenty-two.
    46    § 2. This act shall take effect immediately.