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).
STATE OF NEW YORK
________________________________________________________________________
1281
2025-2026 Regular Sessions
IN SENATE
January 9, 2025
___________
Introduced by Sens. PERSAUD, BORRELLO, ROLISON, WEBB -- read twice and
ordered printed, and when printed to be committed 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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03901-01-5
S. 1281 2
1 uals who have historically been excluded from access to fresh produce;
2 in food deserts where access to healthy and affordable food is limited
3 or where there are no grocery stores; and local farmers who struggle to
4 compete with imported goods and produce. Furthermore, it is the artic-
5 ulated public policy of this state to promote and foster growth in the
6 number of farm to consumer entities accepting supplemental nutrition
7 assistance benefits and participate in the healthy food incentive
8 program. The healthy food incentive program provides earned dollars for
9 supplemental nutrition assistance program recipients to spend on local
10 healthy food that is fresh and nutritious for those who may be unable to
11 readily afford or have easy access to fresh fruits and vegetables for
12 themselves or their families; promotes healthier individual lifestyles
13 by incentivizing better eating habits; fosters the retention and expan-
14 sion of farm to consumer entities, particularly in food insecure envi-
15 ronments; engenders a closer relationship between communities and local
16 farmers; increases capacity for local farms; and stimulates local econo-
17 mies. It is therefore the intent of the legislature and the purpose of
18 this section to create a state operated healthy food incentive program,
19 known as the New York healthy incentive program (NYHIP), for all SNAP
20 recipients and local economies across the state.
21 2. Definitions. For the purposes of this section and section ninety-
22 five-c of this title:
23 a. "Office" shall mean the office of temporary and disability assist-
24 ance.
25 b. "Commissioner" shall mean the commissioner of the office of tempo-
26 rary and disability assistance.
27 c. "Farm to consumer entities" shall mean any sort of enterprise that
28 allows local farmers to sell their produce and other products directly
29 to the consumer, such as farmers markets, co-ops, locally sourced commu-
30 nity owned grocery stores, and community supported agriculture, as
31 determined by the commissioner with input from the commissioner of agri-
32 culture and markets.
33 d. "Local" or "locally" shall mean located within the state of New
34 York, however, if neighboring states create their own healthy incentive
35 programs the office may make agreements of reciprocity to allow SNAP
36 beneficiaries to earn dollar rewards for the purchase of healthy foods
37 from such neighboring state and may place a boundary limitation based on
38 distance from state lines.
39 e. "Local healthy food" shall mean any agricultural product that
40 provides nutritional support to humans such as produce, dairy, meat and
41 processed foods that must consist of ingredients that are grown and
42 cultivated in the state of New York, but may be processed elsewhere. For
43 the purposes of this paragraph, "processed foods" shall mean any raw
44 agricultural commodities that have been milled, cut, chopped, heated,
45 pasteurized, blanched, cooked, canned, frozen, dried, dehydrated, or
46 mixed, and shall consist of at least seventy-five percent of local
47 ingredients.
48 f. "Similarly situated entities" shall mean stores of any size that
49 have agreed to and signed a memorandum of understanding detailing how
50 they will prioritize sourcing produce and other healthy foods locally,
51 agree to goal metrics to increase their ability to locally source, and
52 meet those metrics to maintain their healthy food incentive program
53 participation. For the purposes of this paragraph, "stores" shall mean
54 any not farm to consumer produce retailer that is currently authorized
55 as an electronic benefit transfer retailer, such as grocery stores,
S. 1281 3
1 corner stores, bodegas, food marts, food stores, convenience stores, or
2 markets.
3 g. "SNAP card" or "SNAP benefit card" shall mean any electronic method
4 in which the supplemental nutrition assistance program is administered
5 to beneficiaries on a credit or debit card, including through the elec-
6 tronic benefit transfer system described in section twenty-one-a of this
7 chapter.
8 3. Office powers and duties to promulgate program. a. The office is
9 directed to apply for any necessary grant or waiver to participate in
10 the Gus Schumacher Nutrition Incentive Program or similar grant adminis-
11 tered by the United States Department of Agriculture and the National
12 Institute of Food and Agriculture for approval, and to act for the state
13 in any negotiations relative to the submission and approval of such
14 plan, waiver, or grant, and shall make such arrangements and take such
15 action, not inconsistent with law, as may be required to obtain and
16 retain such approval, to implement such plan, waiver, or grant and to
17 secure for the state the benefits available.
18 b. The office shall actively search for, find and apply for grants and
19 other streams of funding to promulgate this section and fund this
20 program.
21 c. The office shall promulgate rules and regulations and take all
22 other actions necessary for the effective creation and implementation of
23 NYHIP, providing earned dollars for SNAP beneficiaries to spend on local
24 healthy food that is fresh and nutritious, in accordance with this
25 section. Nothing in this section shall prohibit or limit the commis-
26 sioner's ability to expand access to NYHIP to all New Yorkers, so long
27 as it continues to prioritize the earned dollars used to buy locally
28 grown healthy foods. Nothing in this section shall prohibit or limit the
29 office from including New York grown and certified foods, as created by
30 section one hundred fifty-six-h of the agriculture and markets law, from
31 being included in NYHIP. NYHIP shall include the following:
32 i. A fixed earned dollar amount for the purchase of fresh locally
33 grown healthy foods using SNAP;
34 ii. Automation of earned dollar amounts on SNAP cards;
35 iii. Automation of SNAP benefit cards so SNAP beneficiaries are able
36 to participate in local community supported agriculture subscriptions
37 and earn NYHIP dollars;
38 iv. Ensuring NYHIP is available at all farm to consumer entities and
39 similarly situated entities by encouraging them to participate;
40 v. Connecting farm to consumer entities and similarly situated enti-
41 ties with the necessary resources and technology to participate in
42 NYHIP;
43 vi. Regular updates and maintenance of the mobile application and
44 website; and
45 vii. Creation and maintenance of a NYHIP outreach program to ensure
46 all SNAP beneficiaries are aware of the opportunity to participate in
47 such program.
48 d. The office may contract with outside entities to effect the imple-
49 mentation and promulgation of NYHIP and shall give greater weight to
50 entities that manage healthy incentive programs in the state when deter-
51 mining contract award.
52 e. The office shall establish a grant program, for farmers, farmers
53 markets, and community-supported agriculture partnerships, in attaining
54 any technology needed to take payment from SNAP beneficiaries and
55 participate in NYHIP. The office, in consultation with the department of
56 agriculture and markets, shall establish an outreach program for farm-
S. 1281 4
1 ers, farmers markets, and community-supported agriculture partnerships
2 to be informed of NYHIP and the availability of the technological grant
3 described above.
4 4. NYHIP mobile application, website and interactive map. a. i. The
5 office shall establish a mobile application and website to promote NYHIP
6 and locations available to SNAP recipients across the state and promote
7 farm to consumer entities that take SNAP. The mobile application and
8 website shall include, but is not limited to:
9 A. Name, location, hours of operation, contact information, and hyper-
10 links, as available, to all farm to consumer entities that sell locally
11 grown healthy food and accept SNAP benefits; and
12 B. Name, location, hours of operation, contact information, and hyper-
13 links, as available, to all farmers markets, mobile markets, community
14 supported agriculture, or similarly situated entities that sell locally
15 grown healthy food that are participants of NYHIP.
16 ii. The mobile application and website should have an interactive map
17 where a user may find farm to consumer entities that take SNAP and are
18 NYHIP participants. This information should also be searchable by
19 town/city, county, region or any other criteria the commissioner deems
20 relevant.
21 iii. The mobile application and website should make clear distinctions
22 between farm to consumer entities that just take SNAP and those that are
23 participants of NYHIP.
24 b. Each commissioner of social services shall provide information
25 regarding NYHIP on their website and hyperlinks to this interactive
26 website and where to download the mobile application on the SNAP pages
27 of all social services websites.
28 c. The office shall establish procedures for farm to consumer entities
29 that accept SNAP benefits and NYHIP to provide the updated information
30 detailed above for the mobile application and website. In developing
31 such procedures, the office shall provide a system in which the informa-
32 tion required in the mobile application and website is updated monthly
33 and continuous maintenance is provided.
34 d. The office shall promulgate rules and regulations and take all
35 other actions necessary for the effective implementation of this
36 section. Nothing in this section shall prohibit or limit the depart-
37 ment's ability to expand access to the NYHIP incentive program map to
38 all New Yorkers.
39 § 2. This act shall take effect immediately.
40 PART B
41 Section 1. Section 95 of the social services law is amended by adding
42 a new subdivision 12 to read as follows:
43 12. (a) The office shall promptly seek any necessary approvals from
44 the United States department of agriculture food and nutrition service
45 (USDA) to automate the use of SNAP benefit cards to streamline the proc-
46 ess for potential and current recipients to participate in locally grown
47 fresh food subscription services, such as community supported agricul-
48 ture partnerships, by conducting an automatic deduction on a weekly
49 basis. The office shall also create an automation process for the New
50 York healthy incentive program (NYHIP) as prescribed in section ninety-
51 five-b of this title, by allowing the state to add the accrued incen-
52 tives directly to a SNAP card. Once the office receives the waiver, the
53 office shall work with the USDA and NYHIP to ensure that any incentives
54 accrued are used by SNAP beneficiaries to purchase local food that is
S. 1281 5
1 fresh and nutritious for those who may be unable to readily afford or
2 have easy access to fresh fruits and vegetables for themselves or their
3 families. The office shall promptly seek any necessary approvals from
4 the USDA in order to maximize availability of NYHIP purchasing options
5 throughout the state.
6 (b) The office shall ensure SNAP beneficiaries and locally grown fresh
7 food subscription services, such as community supported agriculture
8 partnerships, are held harmless under situations in which SNAP benefici-
9 aries lose benefits during their subscription contract. The office shall
10 honor the entirety of the subscription service contract at the expense
11 of the state.
12 (c) Within one hundred eighty days after the effective date of this
13 subdivision, the office shall apply for a waiver or any other necessary
14 measure to the USDA to automate the use of SNAP in the state to stream-
15 line NYHIP and increase access to locally grown CSA subscriptions.
16 (d) For the purposes of this subdivision, "community supported agri-
17 culture partnerships" or "CSA" shall mean a system that connects farmers
18 and consumers by allowing the consumer to invest in farmers by subscrib-
19 ing to a harvest of a certain farm or group of farms, usually done by
20 crop season but may be year round.
21 § 2. This act shall take effect immediately.
22 PART C
23 Section 1. The social services law is amended by adding a new section
24 95-c to read as follows:
25 § 95-c. New York healthy incentive program (NYHIP) outreach program.
26 1. In accordance with federal requirements and to the extent that
27 federal matching funds are available, the office shall develop and
28 implement an outreach plan to inform low-income households potentially
29 eligible to receive food stamps and participate in NYHIP to encourage
30 the participation of eligible households that wish to participate.
31 2. In developing and implementing such a plan the office is authorized
32 and empowered, subject to the approval of the director of the budget and
33 provided that federal aid is available therefor, to enter into contrac-
34 tual agreements with public and/or private organizations to develop and
35 implement local, regional, and statewide outreach programs.
36 3. Each commissioner of social services shall develop and submit to
37 the office on an annual basis for its approval, a local outreach plan
38 governing the use of local social services personnel and services
39 provided by federally funded and other agencies and organizations to
40 inform potentially eligible households of the availability and benefits
41 of NYHIP and to encourage and facilitate the participation of eligible
42 households. The office shall provide commissioners of social services
43 with technical assistance as needed to carry out the provisions of this
44 subdivision.
45 4. As part of each local outreach plan, social services officials
46 shall take all steps necessary to maintain a supply of information leaf-
47 lets in public buildings, including but not limited to local unemploy-
48 ment insurance and employment services offices of the department of
49 labor, institutions and facilities under the supervision or control of
50 the department of health, food stores, union halls, community centers,
51 entities participating in NYHIP, and local agencies providing services
52 to the elderly to help ensure that eligible persons are informed of the
53 supplemental nutrition assistance program and NYHIP. Additionally, as
54 part of the local outreach plan, social services officials shall ensure
S. 1281 6
1 that every new supplemental nutrition assistance program applicant
2 receives information on NYHIP upon submission of an application and
3 shall provide such information in the home language of the applicant
4 pursuant to any federal and state laws, rules and regulations.
5 5. The office shall periodically distribute to all newspapers, and to
6 television and radio stations throughout the state, public service
7 announcements describing NYHIP, including the NYHIP interactive map and
8 website, and shall promptly inform such media of significant changes in
9 the program affecting eligibility requirements and/or the amount of
10 NYHIP earnings.
11 6. The office shall establish procedures in cooperation with the
12 industrial commissioner of the department of labor to ensure that infor-
13 mational leaflets about NYHIP are sent to each local employment services
14 office for distribution pursuant to section five hundred forty of the
15 labor law. Each leaflet shall include, but not be limited to: the phone
16 number for the New York state food stamp hotline; how to access the
17 NYHIP website and interactive map; how SNAP beneficiaries earn NYHIP
18 benefits buying local healthy foods; estimated maximum income eligibil-
19 ity levels by household size for participation in SNAP; and the avail-
20 ability of local social services departments to provide additional
21 information about NYHIP.
22 7. In accordance with applicable federal and state laws, rules and
23 regulations, the office shall make available appropriate translated
24 materials so that potentially eligible non-English speaking individuals
25 may be informed about NYHIP.
26 8. The office shall promulgate rules and regulations and take all
27 other actions necessary for the effective implementation of this
28 section.
29 § 2. This act shall take effect immediately.
30 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
31 sion, section or part of this act shall be adjudged by any court of
32 competent jurisdiction to be invalid, such judgment shall not affect,
33 impair, or invalidate the remainder thereof, but shall be confined in
34 its operation to the clause, sentence, paragraph, subdivision, section
35 or part thereof directly involved in the controversy in which such judg-
36 ment shall have been rendered. It is hereby declared to be the intent of
37 the legislature that this act would have been enacted even if such
38 invalid provisions had not been included herein.
39 § 3. This act shall take effect immediately; provided, however, that
40 the applicable effective date of Parts A through C of this act shall be
41 as specifically set forth in the last section of such Parts.
