Bill Text: NY A09123 | 2021-2022 | General Assembly | Introduced
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) 2022-01-31 - referred to social services [A09123 Detail]
Download: New_York-2021-A09123-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9123 IN ASSEMBLY January 31, 2022 ___________ Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Social Services 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: 15 § 95-b. New York healthy incentive program (NYHIP). 1. Legislative 16 findings. The legislature hereby finds and declares that healthy food 17 incentive programs provide significant health, educational, social, and 18 economic benefits to the general public, especially for those individ- 19 uals who have historically been excluded from access to fresh produce; 20 in food deserts where access to healthy and affordable food is limited 21 or where there are no grocery stores; and local farmers who struggle to 22 compete with imported goods and produce. Furthermore, it is the artic- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14259-02-2A. 9123 2 1 ulated public policy of this state to promote and foster growth in the 2 number of farm to consumer entities accepting supplemental nutrition 3 assistance benefits and participate in the healthy food incentive 4 program. The healthy food incentive program provides earned dollars for 5 supplemental nutrition assistance program recipients to spend on local 6 produce that is fresh and nutritious for those who may be unable to 7 readily afford or have easy access to fresh fruits and vegetables for 8 themselves or their families; promotes healthier individual lifestyles 9 by incentivizing better eating habits; fosters the retention and expan- 10 sion of farm to consumer entities, particularly in food insecure envi- 11 ronments; engenders a closer relationship between communities and local 12 farmers; increases capacity for local farms; and stimulates local econo- 13 mies. It is therefore the intent of the legislature and the purpose of 14 this section to create a state operated healthy food incentive program, 15 known as the New York healthy incentive program (NYHIP), for all SNAP 16 recipients and local economies across the state. 17 2. Definitions. a. "Farm to consumer entities" shall mean any sort of 18 enterprise that allows local farmers to sell their produce directly to 19 the consumer, such as farmers markets, co-ops, locally sourced community 20 owned grocery stores, and community supported agriculture, as determined 21 by the commissioner with input from the commissioner of agriculture and 22 markets. 23 b. "Similarly situated entities" shall mean stores of any size that 24 have agreed to and signed a memorandum of understanding detailing how 25 they will prioritize sourcing produce locally, agree to goal metrics to 26 increase their ability to locally source, and meet those metrics to 27 maintain their healthy food incentive program participation. For the 28 purposes of this paragraph, "stores" shall mean any not farm to consumer 29 produce retailer that is currently authorized as an electronic benefit 30 transfer retailer, such as grocery stores, corner stores, bodegas, food 31 marts, food stores, convenience stores, or markets. 32 c. "SNAP card" or "SNAP benefit card" shall mean any electronic method 33 in which the supplemental nutrition assistance program is administered 34 to beneficiaries on a credit or debit card, including through the elec- 35 tronic benefit transfer system described in section twenty-one-a of the 36 social services law. 37 3. Department powers and duties to promulgate program. a. The depart- 38 ment is directed to apply for any necessary grant or waiver to partic- 39 ipate in the Gus Schumacher Nutrition Incentive Program or similar grant 40 administered by the United States Department of Agriculture and the 41 National Institute of Food and Agriculture for approval, and to act for 42 the state in any negotiations relative to the submission and approval of 43 such plan, waiver, or grant, and shall make such arrangements and take 44 such action, not inconsistent with law, as may be required to obtain and 45 retain such approval, to implement such plan, waiver, or grant and to 46 secure for the state the benefits available. 47 b. The department shall actively search for, find and apply for grants 48 and other streams of funding to promulgate this section and fund this 49 program. 50 c. The department shall promulgate rules and regulations and take all 51 other actions necessary for the effective creation and implementation of 52 NYHIP, providing earned dollars for SNAP beneficiaries to spend on local 53 produce that is fresh and nutritious, in accordance with this section. 54 Nothing in this section shall prohibit or limit the commissioner's abil- 55 ity to expand access to the NYHIP to all New Yorkers, so long as it 56 continues to prioritize the earned dollars used to buy locally grownA. 9123 3 1 healthy foods. Nothing in this section shall prohibit or limit the 2 department from including New York grown and certified foods, as created 3 by section one hundred fifty-six-h of agriculture and markets law, from 4 being included in NYHIP. NYHIP shall include the following: 5 i. A fixed earned dollar amount for the purchase of fresh locally 6 grown healthy foods using SNAP; 7 ii. Automation of earned dollar amounts on SNAP cards; 8 iii. Automation of SNAP benefit cards so SNAP beneficiaries are able 9 to participate in local community supported agriculture subscriptions 10 and earn NYHIP dollars; 11 iv. Ensuring NYHIP is available at all farm to consumer entities and 12 similarly situated entities by encouraging them to participate; 13 v. Connecting farm to consumer entities and similarly situated enti- 14 ties with the necessary resources and technology to participate in 15 NYHIP; 16 vi. Regular updates and maintenance of the mobile application and 17 website; and 18 vii. Creation and maintenance of a NYHIP outreach program to ensure 19 all SNAP beneficiaries are aware of the opportunity to participate in 20 such program. 21 4. NYHIP mobile application, website and interactive map. a. i. The 22 department shall establish a mobile application and website to promote 23 NYHIP and locations available to SNAP recipients across the state and 24 promote farm to consumer entities that take SNAP. The mobile application 25 and website shall include, but is not limited to: 26 A. Name, location, hours of operation, contact information, and hyper- 27 links, as available, to all farm to consumer entities that sell locally 28 grown produce and accept SNAP benefits; and 29 B. Name, location, hours of operation, contact information, and hyper- 30 links, as available, to all farmers markets, mobile markets, community 31 supported agriculture, or similarly situated entities that sell locally 32 grown produce that are participants of NYHIP. 33 ii. The mobile application and website should have an interactive map 34 where a user may find farm to consumer entities that take SNAP and are 35 NYHIP participants. This information should also be searchable by 36 town/city, county, region or any other criteria the commissioner deems 37 relevant. 38 iii. The mobile application and website should make clear distinctions 39 between farm to consumer entities that just take SNAP and those that are 40 participants of NYHIP. 41 b. Each commissioner of social services shall provide information 42 regarding NYHIP on their website and hyperlinks to this interactive 43 website and where to download the mobile application on the SNAP pages 44 of all social services websites. 45 c. The department shall establish procedures for farm to consumer 46 entities that accept SNAP benefits and NYHIP to provide the updated 47 information detailed above for the mobile application and website. In 48 developing such procedures, the department shall provide a system in 49 which the information required in the mobile application and website is 50 updated monthly and continuous maintenance is provided. 51 d. The department shall promulgate rules and regulations and take all 52 other actions necessary for the effective implementation of this 53 section. Nothing in this section shall prohibit or limit the depart- 54 ment's ability to expand access to the NYHIP incentive program map to 55 all New Yorkers. 56 § 2. This act shall take effect immediately.A. 9123 4 1 PART B 2 Section 1. Section 95 of the social services law is amended by adding 3 a new subdivision 12 to read as follows: 4 12. (a) The office shall promptly seek any necessary approvals from 5 the United States department of agriculture food and nutrition service 6 (USDA) to automate the use of SNAP benefit cards to streamline the proc- 7 ess for potential and current recipients to participate in locally grown 8 fresh produce subscription services, such as community supported agri- 9 culture partnerships, by conducting an automatic deduction on a weekly 10 basis. The office shall also create an automation process for the New 11 York healthy incentive program (NYHIP) as prescribed in section ninety- 12 five-b of this title, by allowing the state to add the accrued incen- 13 tives directly to a SNAP card. Once the office receives the waiver, the 14 office shall work with the USDA and NYHIP to ensure that any incentives 15 accrued are used by SNAP beneficiaries to purchase local produce that is 16 fresh and nutritious for those who may be unable to readily afford or 17 have easy access to fresh fruits and vegetables for themselves or their 18 families. The office shall promptly seek any necessary approvals from 19 the USDA in order to maximize availability of the NYHIP purchasing 20 options throughout the state. 21 (b) The office shall ensure SNAP beneficiaries and locally grown fresh 22 produce subscription services, such as community supported agriculture 23 partnerships, are held harmless under situations in which SNAP benefici- 24 aries lose benefits during their subscription contract. The office shall 25 honor the entirety of the subscription service contract at the expense 26 of the state. 27 (c) Within one hundred eighty days after the effective date of this 28 subdivision, the office shall apply for a waiver or any other necessary 29 measure to the USDA to automate the use of SNAP in the state to stream- 30 line NYHIP and increase access to locally grown CSA subscriptions. 31 (d) For the purposes of this subdivision, "community supported agri- 32 culture partnerships" or "CSA" shall mean a system that connects farmers 33 and consumers by allowing the consumer to invest in farmers by subscrib- 34 ing to a harvest of a certain farm or group of farms, usually done by 35 crop season but may be year round. 36 § 2. This act shall take effect immediately. 37 PART C 38 Section 1. The social services law is amended by adding a new section 39 95-c to read as follows: 40 § 95-c. New York healthy incentive program (NYHIP) outreach program. 41 1. In accordance with federal requirements and to the extent that 42 federal matching funds are available, the department shall develop and 43 implement an outreach plan to inform low-income households potentially 44 eligible to receive food stamps and participate in NYHIP to encourage 45 the participation of eligible households that wish to participate. 46 2. In developing and implementing such a plan the department and/or 47 its local districts are authorized and empowered, subject to the 48 approval of the director of the budget and provided that federal aid is 49 available therefor, to enter into contractual agreements with public 50 and/or private organizations to develop and implement local, regional, 51 and statewide outreach programs. 52 3. Each commissioner of social services shall develop and submit to 53 the department on an annual basis for its approval, a local outreachA. 9123 5 1 plan governing the use of local social services personnel and services 2 provided by federally funded and other agencies and organizations to 3 inform potentially eligible households of the availability and benefits 4 of NYHIP and to encourage and facilitate the participation of eligible 5 households. The department shall provide commissioners of social 6 services with technical assistance as needed to carry out the provisions 7 of this subdivision. 8 4. As part of each local outreach plan, social services officials 9 shall take all steps necessary to maintain a supply of information leaf- 10 lets in public buildings, including but not limited to local unemploy- 11 ment insurance and employment services offices of the department of 12 labor, institutions and facilities under the supervision or control of 13 the department of health, food stores, union halls, community centers, 14 entities participating in the NYHIP, and local agencies providing 15 services to the elderly to help ensure that eligible persons are 16 informed of the supplemental nutrition assistance program and NYHIP. 17 5. The department shall periodically distribute to all newspapers, and 18 to television and radio stations throughout the state, public service 19 announcements describing the NYHIP, including the NYHIP interactive map 20 and website, and shall promptly inform such media of significant changes 21 in the program affecting eligibility requirements and/or the amount of 22 NYHIP earnings. 23 6. The department shall establish procedures in cooperation with the 24 industrial commissioner of the department of labor to ensure that infor- 25 mational leaflets about the NYHIP are sent to each local employment 26 services office for distribution pursuant to section five hundred forty 27 of the labor law. Each leaflet shall include, but not be limited to: the 28 phone number for the New York state food stamp hotline; how to access 29 the NYHIP website and interactive map; how SNAP beneficiaries earn NYHIP 30 benefits buying local healthy foods; estimated maximum income eligibil- 31 ity levels by household size for participation in SNAP; and the avail- 32 ability of local social services departments to provide additional 33 information about NYHIP. 34 7. In accordance with applicable federal laws, rules and regulations, 35 the department shall make available appropriate bilingual materials so 36 that potentially eligible non-English speaking individuals may be 37 informed about NYHIP. 38 8. The department shall promulgate rules and regulations and take all 39 other actions necessary for the effective implementation of this 40 section. 41 § 2. This act shall take effect immediately. 42 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 43 sion, section or part of this act shall be adjudged by any court of 44 competent jurisdiction to be invalid, such judgment shall not affect, 45 impair, or invalidate the remainder thereof, but shall be confined in 46 its operation to the clause, sentence, paragraph, subdivision, section 47 or part thereof directly involved in the controversy in which such judg- 48 ment shall have been rendered. It is hereby declared to be the intent of 49 the legislature that this act would have been enacted even if such 50 invalid provisions had not been included herein. 51 § 3. This act shall take effect immediately provided, however, that 52 the applicable effective date of Parts A through C of this act shall be 53 as specifically set forth in the last section of such Parts.
