BILL NUMBER: S9565
SPONSOR: BAILEY
 
TITLE OF BILL:
An act to amend the education law, the state finance law and the tax
law, in relation to establishing school-based food pantries in high-need
schools in the city school district of the city of New York
 
PURPOSE OR GENERAL IDEA OF BILL:
To require the chancellor of the city school district of the city of New
York to establish and maintain school-based food pantries in high-need
schools, operated on a regular schedule during the school week and
staffed primarily by volunteers, and to provide a dedicated, sustainable
state funding stream for these pantries derived from a portion of state
sales tax revenues on hot and prepared supermarket foods.
 
SUMMARY OF PROVISIONS:
Section 1 provides that the act shall be known as the "New York City
school-based food pantry act."
Section 2 sets forth legislative intent findings regarding the growing
number of children living in poverty in New York City, the prevalence of
hunger and food insecurity, and the negative impact of these conditions
on student health, attendance, behavior, and academic performance.
Section 3 amends the education law by adding a new section 2590-w,
"School-based food pantries in high-need schools," which:
- Defines "city district," "chancellor," "high-need school," and
"school-based food pantry."
- Requires the chancellor to establish and maintain a school,-based food
pantry program in the city school district of the city of New York and
to authorize and prioritize pantries in high-need schools, based on
indicators such as eligibility for free or reduced-price meals, home-
lessness or temporary housing, and other measures of concentrated pover-
ty and food insecurity.
- Requires that each school-based food pantry operate on the school
premises during designated times on days when school is in session, and
be open to students and their parents or guardians not less than two
days per week during the regular school week, at times reasonably acces-
sible to families and not interfering with required instructional time.
- Provides that the pantries shall be organized and operated primarily
by volunteers, including teachers, administrators, other school staff,
parents or guardians of children attending the school, and community
volunteers, while preserving all rights and protections of employees
under applicable collective bargaining agreements and law.
- Authorizes and encourages cooperation and written agreements between
high-need schools and local food pantries, food banks, and other commu-
nity-based organizations for volunteer training and technical assistance
on food safety, inventory management, volunteer management, outreach,
and related matters, and authorizes broader citywide or borough-wide
agreements to coordinate donations and deliveries.
- Requires the chancellor to issue guidance addressing participant
dignity and confidentiality, food safety and storage, building and
instructional day logistics, and culturally appropriate, nutritious
options to the extent practicable.
- Requires the chancellor, beginning with the second school year after
the effective date, to submit an annual report by January 1 to the
governor, legislative leaders, mayor, and city council, including the
number and location of high-need schools with pantries, numbers of
students and families served, and descriptions of community partner-
ships.
Section 4 amends the state finance law by adding a new section 97-wwww,
creating the "New York city school-based food pantry fund," which:
- Establishes a special fund in the joint custody of the state comp-
troller and the commissioner of taxation and finance. Requires that each
year, the commissioner of taxation and finance certify the amount of
revenue collected from the four percent state sales and compensating use
taxes on hot and prepared food sold by supermarkets and grocery stores,
and that the state comptroller transfer from the general fund to the new
special fund an amount equal to twenty-five percent of such certified
revenue, net of refunds and credits.
- Provides that, following appropriation by the legislature, moneys in
the fund shall be made available to the New York City Department of
Education, or to the State Education Department for distribution to the
city district, to support the establishment, operation, and expansion of
school-based food pantries in high-need schools, including the purchase
of food, equipment and supplies, training and technical assistance, and
program administration.
- Requires that the fund be kept separate and not commingled with other
moneys, and that any interest earned be credited to the fund.
Section 5 provides that the act shall take effect on the one hundred
twentieth day after it becomes law and authorizes the chancellor, the
commissioner of education, the state comptroller, and the commissioner
of taxation and finance to adopt rules, regulations, and procedures and
take other necessary actions in advance of such effective date.
 
JUSTIFICATION:
Hunger and food insecurity remain persistent barriers to learning for
thousands of children in the city school district of the city of New
York. Many families struggle to afford enough nutritious food throughout
the week, and for some students, meals served in school are among the
most reliable sources of daily nutrition. When children arrive at school
hungry or go home to food-insecure households, they are more likely to
experience difficulty concentrating, disruptive behavior, chronic absen-
teeism, and lower academic performance. These challenges disproportion-
ately affect students in communities with the highest levels of poverty
and housing instability.
School-based food pantries provide a practical, dignified, and effective
strategy to address these gaps. By making nutritious food available for
students and their families to take home, school-based pantries help
stabilize household food supplies, support consistent attendance, and
complement existing school meal programs. Locating pantries directly in
high-need schools reduces transportation and scheduling barriers, and
allows trusted educators, staff, and parents to play a direct role in
outreach and distribution.
This bill recognizes that many school communities are eager to respond
to student hunger but lack resources, training, or guidance. By requir-
ing the chancellor to prioritize high-need schools, operate pantries at
least twice per week during the school week, and partner with experi-
enced local food pantries and food banks for training and technical
assistance, the bill establishes a clear framework for effective and
sustainable implementation. The volunteer-based model allows school
staff, parents, guardians, and community members to support students
directly while respecting existing labor protections and avoiding
unfunded staffing mandates.
The legislation also provides a dedicated state funding mechanism that
is closely linked to the food system itself. Redirecting twenty-five
percent of state revenue raised from the four percent tax on hot and
prepared supermarket foods into a special fund for New York City school-
based food pantries will create a stable, predictable source of support
for the purchase of food, equipment, and supplies, and for the coordi-
nation and administration of the program. This approach allows the state
to address child hunger and support educational success without imposing
new local property tax burdens.
Ensuring that children have access to adequate, nutritious food is a
foundational investment in their academic success, health, and long-term
life chances. By combining school-based leadership, community partner-
ship, and a dedicated funding stream, this bill offers a targeted and
highly impactful response to child hunger in New York City's highestneed
schools.
 
PRIOR LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
The bill directs the transfer of an amount equal to twenty-five percent
of state revenues from the four percent sales and compensating use tax
on hot and prepared supermarket foods into a dedicated special fund for
New York City school-based food pantries, subject to appropriation.
Administrative costs to the New York City Department of Education and
relevant state agencies are expected to be limited, as the program
relies primarily on volunteers and partnerships with existing community
food providers.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

Statutes affected:
S9565: 1148 tax law