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A02483 Summary:

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.
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A02483 Actions:

BILL NO    A02483 

01/15/2013 referred to economic development
11/27/2013 enacting clause stricken
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A02483 Votes:

There are no votes for this bill in this legislative session.
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A02483 Memo:

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.
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A02483 Text:

                           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.
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