BILL NO A02483
SAME AS SAME AS S03819
SPONSOR Gibson
COSPNSR
MLTSPNSR Perry
Amd S16-m, UDC Act
Enacts the "food retail establishment subsidization for healthy communities
act" (FRESH Communities); provides loans, loan guarantees, interest subsidies
and grants to businesses, municipalities, not-for-profit corporations or local
development corporations for the purpose of attracting, maintaining or
permitting the expansion of food retail establishments in underserved areas.
BILL NUMBER:A2483
TITLE OF BILL: An act to amend the New York state urban development
corporation act, in relation to enacting the food retail establishment
subsidization for healthy communities (FRESH Communities) act
PURPOSE OR GENERAL IDEA OF BILL: This bill promotes public health and
nutrition by authorizing assistance for establishment or retention of
food retail establishments selling fresh food in underserved
communities.
SUMMARY OF SPECIFIC PROVISIONS: Section 1. Short title. This act shall
be known and may be cited as the "food retail establishment
subsidization for health communities act."
Section 2. Legislative intent. The legislature finds that the lack of
access to fresh foods is a problem of growing concern in many
communities across the state.
Section 3. Subdivision 1 of section 16-m of section 1 of chapter 174
of the laws of 1968, constituting the New York State urban development
corporation act, as added by section 4 of part FF of chapter 59 of the
laws of 2006, is amended and a new paragraph (n) is added. The new
paragraph includes provisions for loans, loan guarantees, interest
subsidies and grants to businesses, municipalities, not-for-profit
corporations or local development corporations for the purpose of
attracting, maintaining or permitting the expansion of food retail
establishments in underserved areas. For purposes of this paragraph,
"underserved areas" shall include low or moderate-income census
tracts, areas of below average supermarket density or having
supermarket customer base with more than fifty percent living in
low-income census tracts, or other areas demonstrated to have
significant access limitations due to travel distance, as determined
by the corporation, and "food retail establishments" shall include
supermarkets and other grocery retailers that operate on a self
service basis and sell a minimum percentage of produce, meat, poultry,
seafood, baked goods and/or dairy products and which:
(i) participate in the pride of New York program;
(ii) accept payment from electronic benefit transfer through the
supplemental nutrition assistance program and through the special
supplemental nutrition program for women, infants, and children;
(iii) do not charge a membership fee; and
(iv) hire residents living within a twenty mile radius of such retail
food establishment.
JUSTIFICATION: Development pressures in New York's urban areas,
increased consolidation of the retail industry and other socioeconomic
factors have led to a decline in the number of supermarkets and other
retail outlets selling fresh foods. The increasing disappearance of
retailers offering fresh food choices in cities has been identified
across the country as a factor in increased rates of obesity, diabetes
and other nutrition-related health concerns. Our neighboring state of
Pennsylvania has responded by enacting a First Industries Program that
provides grants, loans and loan guarantees to provide financial
assistance to urban and rural supermarkets in underserved communities.
Ensuring an adequate number of outlets for fresh produce, dairy
products, meat, poultry, seafood and bakery items will not only
benefit the residents of currently underserved communities, but will
also benefit local and regional growers and processors. In addition,
the bill would reduce energy expenditures and greenhouse gas emissions
by encouraging reliance on less processed food and reducing the need
for long distance transportation. The result will be improved health,
both personal and economic, for communities across New York.
Retail establishment that participate in this program will be required
to accept payment from electronic benefit transfer through the
supplemental nutrition assistance program, do not charge a membership
fee, hire residents living within a twenty mile radius of their
business
PRIOR LEGISLATIVE HISTORY: 2009-2010 A.7975-A, 2007-2008 A.11771,
2011-2012; A. Referred to Economic Development, passed Assembly,
S.7385 referred to Corporations, Authorities, and Commissions
FISCAL IMPLICATIONS: Undetermined
EFFECTIVE DATE: This act shall take effect on the first of April next
succeeding the date on which it shall have become a law; provided,
however: that the urban development corporation shall be immediately
authorized to take any and all actions necessary to fully implement
the provisions of section three of this act on or before such
effective date; and provided further, that the amendments to section
16-m of the urban development corporation act made by section three of
this act shall not affect the expiration of such section and shall be
deemed to expire therewith.
S T A T E O F N E W Y O R K
________________________________________________________________________
2483
2013-2014 Regular Sessions
I N A S S E M B L Y
January 15, 2013
___________
Introduced by M. of A. GIBSON -- read once and referred to the Committee
on Economic Development
AN ACT to amend the New York state urban development corporation act, in
relation to enacting the food retail establishment subsidization for
healthy communities (FRESH Communities) act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "food retail establishment subsidization for healthy communities
3 act".
4 S 2. Legislative intent. The legislature finds that the lack of access
5 to fresh foods is a problem of growing concern in many communities
6 across the state. Substantial increases in urban land values and rents,
7 limited access to financing and other economic pressures have left many
8 lower-income residents in urban and rural areas underserved by supermar-
9 kets and other food retail establishments. The resulting lack of access
10 to a variety of fresh food retailers makes it more difficult and expen-
11 sive for these residents to maintain a nutritionally balanced diet and
12 leads to increased public health costs, dilutes the value of public
13 assistance for food purchases, leads to greater travel times and energy
14 expenditures to obtain fresh food, and deprives the state's farmers of
15 markets for their products. Providing access to financial assistance for
16 urban and rural supermarkets in underserved areas will remedy these
17 adverse conditions, create employment opportunities and help to revital-
18 ize and stabilize currently underserved neighborhoods.
19 S 3. Subdivision 1 of section 16-m of section 1 of chapter 174 of the
20 laws of 1968, constituting the New York state urban development corpo-
21 ration act, is amended by adding a new paragraph (o) to read as follows:
22 (O) LOANS, LOAN GUARANTEES, INTEREST SUBSIDIES AND GRANTS TO BUSI-
23 NESSES, MUNICIPALITIES, NOT-FOR-PROFIT CORPORATIONS OR LOCAL DEVELOPMENT
24 CORPORATIONS FOR THE PURPOSE OF ATTRACTING, MAINTAINING OR PERMITTING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03739-01-3
A. 2483 2
1 THE EXPANSION OF FOOD RETAIL ESTABLISHMENTS IN UNDERSERVED AREAS. FOR
2 PURPOSES OF THIS PARAGRAPH, "UNDERSERVED AREAS" SHALL INCLUDE LOW OR
3 MODERATE-INCOME CENSUS TRACTS, AREAS OF BELOW AVERAGE SUPERMARKET DENSI-
4 TY OR HAVING A SUPERMARKET CUSTOMER BASE WITH MORE THAN FIFTY PERCENT
5 LIVING IN LOW-INCOME CENSUS TRACTS, OR OTHER AREAS DEMONSTRATED TO HAVE
6 SIGNIFICANT ACCESS LIMITATIONS DUE TO TRAVEL DISTANCE, AS DETERMINED BY
7 THE CORPORATION, AND "FOOD RETAIL ESTABLISHMENTS" SHALL INCLUDE SUPER-
8 MARKETS AND OTHER GROCERY RETAILERS THAT OPERATE ON A SELF-SERVICE BASIS
9 AND SELL A MINIMUM PERCENTAGE OF PRODUCE, MEAT, POULTRY, SEAFOOD, BAKED
10 GOODS AND/OR DAIRY PRODUCTS AND WHICH:
11 (I) PARTICIPATE IN THE PRIDE OF NEW YORK PROGRAM;
12 (II) ACCEPT PAYMENT FROM ELECTRONIC BENEFIT TRANSFER THROUGH THE
13 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM AND THROUGH THE SPECIAL
14 SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN;
15 (III) DO NOT CHARGE A MEMBERSHIP FEE; AND
16 (IV) HIRE RESIDENTS LIVING WITHIN A TWENTY MILE RADIUS OF SUCH RETAIL
17 FOOD ESTABLISHMENT.
18 S 4. This act shall take effect on the first of April next succeeding
19 the date on which it shall have become a law; provided, however that the
20 urban development corporation shall be immediately authorized to take
21 any and all actions necessary to fully implement the provision of
22 section three of this act on or before such effective date; and provided
23 further, that the amendments to section 16-m of the urban development
24 corporation act made by section three of this act shall not affect the
25 expiration of such section and shall be deemed to expire therewith.
