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S03819 Summary:

BILL NO    S03819 

SAME AS    SAME AS A08674

SPONSOR    KENNEDY

COSPNSR    

MLTSPNSR   

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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S03819 Text:

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

                                         3819

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                   February 21, 2013
                                      ___________

       Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Corporations,  Authorities
         and Commissions

       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

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03739-01-3
       S. 3819                             2

    1  CORPORATIONS FOR THE PURPOSE OF ATTRACTING,  MAINTAINING  OR  PERMITTING
    2  THE  EXPANSION  OF  FOOD RETAIL ESTABLISHMENTS IN UNDERSERVED AREAS. FOR
    3  PURPOSES OF THIS PARAGRAPH, "UNDERSERVED AREAS"  SHALL  INCLUDE  LOW  OR
    4  MODERATE-INCOME CENSUS TRACTS, AREAS OF BELOW AVERAGE SUPERMARKET DENSI-
    5  TY  OR  HAVING  A SUPERMARKET CUSTOMER BASE WITH MORE THAN FIFTY PERCENT
    6  LIVING IN LOW-INCOME CENSUS TRACTS, OR OTHER AREAS DEMONSTRATED TO  HAVE
    7  SIGNIFICANT  ACCESS LIMITATIONS DUE TO TRAVEL DISTANCE, AS DETERMINED BY
    8  THE CORPORATION, AND "FOOD RETAIL ESTABLISHMENTS" SHALL  INCLUDE  SUPER-
    9  MARKETS AND OTHER GROCERY RETAILERS THAT OPERATE ON A SELF-SERVICE BASIS
   10  AND  SELL A MINIMUM PERCENTAGE OF PRODUCE, MEAT, POULTRY, SEAFOOD, BAKED
   11  GOODS AND/OR DAIRY PRODUCTS AND WHICH:
   12    (I) PARTICIPATE IN THE PRIDE OF NEW YORK PROGRAM;
   13    (II) ACCEPT PAYMENT  FROM  ELECTRONIC  BENEFIT  TRANSFER  THROUGH  THE
   14  SUPPLEMENTAL  NUTRITION  ASSISTANCE  PROGRAM  AND  THROUGH  THE  SPECIAL
   15  SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN;
   16    (III) DO NOT CHARGE A MEMBERSHIP FEE; AND
   17    (IV) HIRE RESIDENTS LIVING WITHIN A TWENTY MILE RADIUS OF SUCH  RETAIL
   18  FOOD ESTABLISHMENT.
   19    S 4.  This act shall take effect on the first of April next succeeding
   20  the date on which it shall have become a law; provided, however that the
   21  urban  development  corporation  shall be immediately authorized to take
   22  any and all actions  necessary  to  fully  implement  the  provision  of
   23  section three of this act on or before such effective date; and provided
   24  further,  that  the  amendments to section 16-m of the urban development
   25  corporation act made by section three of this act shall not  affect  the
   26  expiration of such section and shall be deemed to expire therewith.
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