•  Summary 
  •  
  •  Actions 
  •  
  •  Votes 
  •  
  •  Memo 
  •  
  •  Text 

S02193 Summary:

BILL NO    S02193A

SAME AS    SAME AS A08677

SPONSOR    YOUNG

COSPNSR    KLEIN

MLTSPNSR   

Ren S16-n to be S16-w, add S16-x, UDC Act

Establishes the urban and regional farmers' markets facilities construction
program; defines related terms and regulates grants and financing; establishes
revolving loan and loan guarantee fund.
Go to top

S02193 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        2193--A

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                   January 14, 2013
                                      ___________

       Introduced  by Sens. YOUNG, KLEIN -- read twice and ordered printed, and
         when printed to be committed to the Committee on Corporations, Author-
         ities and Commissions -- committee discharged, bill  amended,  ordered
         reprinted as amended and recommitted to said committee

       AN ACT to amend the New York state urban development corporation act, in
         relation  to  the planning and development of urban and regional farm-
         ers' markets facilities

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Section  16-n  of section 1 of chapter 174 of the laws of
    2  1968, constituting the New York state urban development corporation act,
    3  as added by chapter 428 of the laws of 2006, is renumbered section 16-w.
    4    S 2. Section 1 of chapter 174 of the laws of  1968,  constituting  the
    5  New York state urban development corporation act, is amended by adding a
    6  new section 16-x to read as follows:
    7    S  16-X.  URBAN  AND REGIONAL FARMERS' MARKETS FACILITIES CONSTRUCTION
    8  PROGRAM. 1.  DEFINITIONS. FOR PURPOSES OF THIS SECTION:
    9    (A) "URBAN OR REGIONAL FARMERS'  MARKET  CONSTRUCTION  PROJECT"  SHALL
   10  MEAN  A  PROJECT  FOR  THE ESTABLISHMENT, EXPANSION AND DEVELOPMENT OF A
   11  YEAR-ROUND URBAN OR REGIONAL FARMERS' MARKET PRIMARILY LEASING SPACE  TO
   12  FARMERS,  FARMER/PROCESSORS  AND CRAFT BUSINESSES FROM WITHIN THE REGION
   13  OF THE GREENMARKET TO SELL DIRECTLY TO CUSTOMERS.
   14    (B) "NOT-FOR-PROFIT CORPORATION" SHALL MEAN AGRICULTURAL COOPERATIVES,
   15  REGIONAL MARKET AUTHORITIES, CORPORATION BUSINESS IMPROVEMENT  DISTRICTS
   16  AND REGIONAL AND COMMUNITY DEVELOPMENT ORGANIZATIONS ORGANIZED UNDER THE
   17  PROVISIONS  OF  THE  NOT-FOR-PROFIT  CORPORATION  LAW OR OTHER STATE LAW
   18  PROVIDING FOR NONPROFIT CORPORATIONS.
   19    (C) "HIGHLY DISTRESSED" SHALL HAVE THE SAME MEANING AS PROVIDED FOR IN
   20  SECTION SIXTEEN-D OF THIS ACT.
   21    (D) "ECONOMICALLY DISTRESSED AREAS" SHALL HAVE  THE  SAME  MEANING  AS
   22  PROVIDED FOR IN SECTION SIXTEEN-D OF THIS ACT.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04310-02-3
       S. 2193--A                          2

    1    2.  THE  CORPORATION SHALL, FROM APPROPRIATIONS MADE AVAILABLE FOR THE
    2  PURPOSE, ESTABLISH AN URBAN AND  REGIONAL  FARMERS'  MARKETS  FACILITIES
    3  CONSTRUCTION  PROGRAM  WHICH SHALL OFFER CONSTRUCTION GRANTS PURSUANT TO
    4  PARAGRAPHS (A) AND (B) OF SUBDIVISION 3 OF THIS  SECTION  AND  REVOLVING
    5  LOANS AND LOAN GUARANTEES PURSUANT TO PARAGRAPHS (C) AND (D) OF SUBDIVI-
    6  SION 3 OF THIS SECTION.
    7    3.  TO  THE  EXTENT  THAT  MONIES  ARE  APPROPRIATED FOR THE URBAN AND
    8  REGIONAL FARMERS' MARKETS FACILITIES CONSTRUCTION  PROGRAM,  THE  CORPO-
    9  RATION  SHALL  PROVIDE  FINANCING  FOR URBAN OR REGIONAL FARMERS' MARKET
   10  FACILITIES CONSTRUCTION PROJECTS FOR THE  ESTABLISHMENT,  EXPANSION  AND
   11  DEVELOPMENT  OF URBAN AND REGIONAL FARMERS' MARKETS FACILITIES WHICH ARE
   12  INTENDED TO SERVE THE NEEDS OF THE REGIONAL AGRICULTURAL  COMMUNITY  AND
   13  THE  COMMUNITY  REVITALIZATION  OF  THE  HOST  CITY. THE CORPORATION, IN
   14  CONSULTATION WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT, SHALL  DEVELOP
   15  A  JOINT REQUEST FOR APPLICATIONS WITH THE DEPARTMENT OF AGRICULTURE AND
   16  MARKETS' COMMENTS ON SOLICITING POTENTIAL APPLICANTS SEEKING  ASSISTANCE
   17  FOR  THE  DEVELOPMENT OF URBAN AND REGIONAL FARMERS' MARKETS FACILITIES.
   18  AN APPLICANT MUST BE A NOT-FOR-PROFIT CORPORATION, MUNICIPAL CORPORATION
   19  OR PUBLIC BENEFIT CORPORATION.   IN DETERMINING  AWARD  RECIPIENTS,  THE
   20  CORPORATION SHALL CONSIDER, AMONG OTHER FACTORS, THE DEPARTMENT OF AGRI-
   21  CULTURE  AND MARKETS' COMMENTS ON THE APPLICATIONS. SUCH FINANCING SHALL
   22  CONSIST OF GRANTS, REVOLVING LOANS AND LOAN GUARANTEES  FOR  THE  ESTAB-
   23  LISHMENT,  EXPANSION,  AND  DEVELOPMENT  OF  URBAN AND REGIONAL FARMERS'
   24  MARKETS FACILITIES.
   25    (A) GRANTS SHALL  BE  USED  FOR  GENERAL  PROJECT  DEVELOPMENT  COSTS,
   26  INCLUDING, BUT NOT LIMITED TO:
   27    (I)  THE  ACQUISITION, DESIGN, CONSTRUCTION, IMPROVEMENT OR RENOVATION
   28  OF THE SITE; AND
   29    (II) THE PURCHASE OF NECESSARY EQUIPMENT.
   30    (B) FOR THE PURPOSES OF  THIS  SUBDIVISION  GRANTS  SHALL  NOT  EXCEED
   31  EIGHTY  PERCENT  OF THE TOTAL PROJECT COST IN HIGHLY DISTRESSED COMMUNI-
   32  TIES; SHALL NOT EXCEED SEVENTY PERCENT OF  THE  TOTAL  PROJECT  COST  IN
   33  ECONOMICALLY DISTRESSED AREAS; AND SHALL NOT EXCEED SIXTY PERCENT OF THE
   34  TOTAL PROJECT COST IN NON-ECONOMICALLY DISTRESSED AREAS.
   35    (C) URBAN AND REGIONAL FARMERS' MARKET FACILITY CONSTRUCTION REVOLVING
   36  LOAN  AND LOAN GUARANTEES. THE CORPORATION SHALL PROVIDE REVOLVING LOANS
   37  AND LOAN GUARANTEES  FOR  THE  ESTABLISHMENT  BY  NOT-FOR-PROFIT  CORPO-
   38  RATIONS,  MUNICIPAL CORPORATIONS OR PUBLIC BENEFIT CORPORATIONS OF URBAN
   39  AND REGIONAL FARMERS' MARKET FACILITIES. SUCH REVOLVING LOANS  AND  LOAN
   40  GUARANTEES  SHALL  BE FOR CONSTRUCTION COSTS, INCLUDING, BUT NOT LIMITED
   41  TO THE DESIGN, CONSTRUCTION, IMPROVEMENT OR RENOVATION AND  MAY  INCLUDE
   42  INTERIM FINANCING.
   43    (D) URBAN AND REGIONAL FARMERS' MARKET FACILITY CONSTRUCTION REVOLVING
   44  LOAN  AND LOAN GUARANTEE FUND. FOR THE PURPOSES OF THIS SUBDIVISION, THE
   45  CORPORATION SHALL ESTABLISH AN URBAN AND REGIONAL FARMERS' MARKET FACIL-
   46  ITY CONSTRUCTION REVOLVING LOAN AND LOAN  GUARANTEE  FUND  ACCOUNT.  THE
   47  CORPORATION  SHALL  DETERMINE THE TERMS AND INTEREST RATES OF SUCH LOANS
   48  TO NOT-FOR-PROFIT CORPORATIONS, MUNICIPAL CORPORATIONS OR PUBLIC BENEFIT
   49  CORPORATIONS, EXCEPT THAT NO LOAN SHALL EXCEED  EIGHTY  PERCENT  OF  THE
   50  TOTAL  PROJECT COST IN HIGHLY DISTRESSED COMMUNITIES; SEVENTY PERCENT OF
   51  THE TOTAL PROJECT COST  IN  ECONOMICALLY  DISTRESSED  AREAS;  AND  SIXTY
   52  PERCENT  OF THE TOTAL PROJECT COST IN NON-ECONOMICALLY DISTRESSED AREAS.
   53  IN INSTANCES WHERE AN OTHERWISE QUALIFIED APPLICANT LACKS  EQUITY  IN  A
   54  PROJECT,  EQUITY  PARTICIPATION  MAY  INCLUDE ANY COMMITMENT FOR GRANTS.
   55  PAYMENTS CONSISTING OF THE REPAYMENT OF THE PRINCIPAL AMOUNT OF THE LOAN
   56  AND INTEREST SHALL BE DEPOSITED BY THE CORPORATION INTO  THE  URBAN  AND
       S. 2193--A                          3

    1  REGIONAL  FARMERS'  MARKET  FACILITY  CONSTRUCTION  REVOLVING  LOAN FUND
    2  ACCOUNT FROM WHICH THE LOAN WAS MADE.
    3    4.  FINANCING  FOR  URBAN  AND  REGIONAL  FARMERS'  MARKETS FACILITIES
    4  CONSTRUCTION PROJECTS AUTHORIZED PURSUANT  TO  THIS  SUBDIVISION,  SHALL
    5  ONLY  BE  MADE  UPON A DETERMINATION BY THE CORPORATION, IN CONSULTATION
    6  WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT, AND THE DEPARTMENT OF AGRI-
    7  CULTURE AND MARKETS THAT SUCH A FACILITY WILL IMPROVE  THE  AGRICULTURAL
    8  AND  URBAN  ECONOMIES.  SUCH REVOLVING LOANS, LOAN GUARANTEES AND GRANTS
    9  SHALL ONLY BE MADE FOR FACILITIES WHERE THERE  ARE  INADEQUATE  AGRICUL-
   10  TURAL  DIRECT  MARKETING  FACILITIES. SUCH CENTERS SHALL DEMONSTRATE THE
   11  POTENTIAL TO OBTAIN, FROM APPROPRIATE GOVERNMENTAL AGENCIES, ALL  NECES-
   12  SARY  APPROVALS,  LICENSES,  AND  OTHER SUPPORTS REQUIRED TO OPERATE THE
   13  FACILITY.
   14    S 3. This act shall take effect immediately.
Go to top
Page display time = 0.0901 sec