NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7873
SPONSOR: Woerner TITLE OF BILL: An act to establish the retail food stores in under-
served areas task force
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
create the Retail Food Stores in Underserved Areas Task Force.
SUMMARY OF SPECIFIC PROVISIONS:
Section One sets forth the reasons for which to create the Task Force.
The Legislature finds that the lack of access to healthy, nutritional,
and affordable food makes it difficult for lower-income residents in
underserved communities to maintain a nutrition and balanced diet, thus
leading to negative impacts on public health and associated medical
costs. Factors contributing to this lack of access include high land
values and commercial rents, zoning restrictions, licensing and permit-
ting delays, trucking and delivery expenses, and limited access to
financing. The Task Force will serve to address the barriers to the
establishment or expansion of food retailers in the area and how to
better assist such businesses.
Section Two defines an underserved area.
Section Three states that the Governor shall convene the Task Force and
that membership shall include representation from appropriate state
agencies, including, but not limited to, the Departments of Agriculture
and Markets, Empire State Development, Health, Taxation and Finance,
Labor, the Office of Temporary Disability Assistance, and the State
Liquor Authority, as well as representatives of the food retail indus-
try, wholesale food industry, farmers, community development financial
institutions that have worked to recruit food retailers to underserved
areas, and local governments including cities, towns, villages, and
counties. The Task Force will assess issues relating to local zoning
rules and their application to retail food business; assess issues
related to local, state, and federal licensing and permits required to
open a retail food business; identify statutory, regulatory, and admin-
istrative changes to streamline and simplify government approvals neces-
sary; and review existing guidance information related to government
requirements necessary.
Section Four requires the Task Force to issue its findings in the form
of a report to the Governor, Speaker of the Assembly, and Majority Lead-
er of the Senate by February 1, 2017.
Section Five sets forth the effective date.
JUSTIFICATION: Access to healthy foods in underserved communities
across New York State is a.growing concern. The barriers to opening and
maintaining a full service supermarket or other retail food business are
significant and have led to limited access to healthy foods in many
communities. This is a problem in both urban and rural areas of New York
due to higher prices for healthier food or increased expenditures for
transportation to access these foods. Supermarkets or other food retail
establishments struggle to open given high land values and commercial
rents, zoning restrictions, licensing and permitting delays, trucking
and delivery expenses, limited access to financing, and other economic
pressures. Supermarkets or food retail establishments have closed in
many communities due to these pressures or are unable to open, despite a
need in the community.
Additionally, some supermarkets have opened in underserved areas, only
to find the process of approval for the Women, Infants, and Children
(WIC) nutrition program and Supplemental Nutrition Assistance Program
(SNAP) to be lengthy, thus leading to frustration not only for the
supermarket owners and operators, but for the community who depends on
these programs as well. The process to obtain all the appropriate local,
state, and federal licenses and permits can be cumbersome for food
retail businesses, and it is necessary to evaluate ways in which this
process could be streamlined.
The Retail Food Stores in Underserved Areas Task Force would serve to
identify and evaluate these barriers and seek means to better assist
food retail businesses in navigating the path to establishment. By
assisting these businesses, underserved communities will gain access to
more affordable and nutritious foods, which will not only improve their
quality of life, but also limit negative impacts on public health and
associated medical costs. Further, potential opportunities for farmers
to expand market opportunities by selling locally-grown or produced food
products will be identified, thus benefitting our agricultural industry
as well.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: Undetermined.
EFFECTIVE DATE: Immediately.
