Assembly Bill A2301

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

                                  2301

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M. of A. McENENY, CANESTRARI, JACOBS, DESTITO, REILLY --
  Multi-Sponsored by -- M. of A. CLARK, COOK, GALEF, KOLB, MAGEE -- read
  once and referred to the Committee on Agriculture

AN ACT to amend the agriculture and markets law and the New  York  state
  urban  development  corporation  act,  in relation to the planning and
  development of urban greenmarkets

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

  Section 1. Subdivision 1 of section 260 of the agriculture and markets
law,  as  amended by chapter 612 of the laws of 2006, is amended to read
as follows:
  1. "Farmers' market" OR "GREENMARKET" shall mean any building,  struc-
ture or place, the property of a municipal corporation or under lease to
or  in  possession of a public or private agency, individual or business
used or intended to be used by two or more producers for the direct sale
of a diversity of farm and food products, as defined in subdivision four
of this section, from producers  to  consumers  and  food  buyers.  Such
market  may also include facilities for the packing, shipping, first-in-
stance processing or storage  of  farm  and  food  products,  and  shall
include  all  equipment  used  or intended to be used in connection with
such facilities. Such market may also  include  other  businesses  which
reasonably  serve  the  public or make the market more convenient, effi-
cient, profitable or successful, including, but  not  limited  to,  food
service, baking, and non-food retailing.
  S  2. Subdivision 2 of section 262 of the agriculture and markets law,
as amended by chapter 126 of the laws of 2007, is  amended  to  read  as
follows:
  2.  Any municipal corporation, regional market authority, public bene-
fit corporation, not-for-profit corporation or agricultural  cooperative
organized  pursuant  to  the cooperative corporations law, may submit an
application for state assistance FOR A PLAN TO  ESTABLISH  A  REGIONALLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00095-02-9
              

A. 2301                             2

BASED  URBAN  GREENMARKET  FACILITY  AND  for  the  construction, recon-
struction, improvement, expansion or rehabilitation of a farmers' market
OR GREENMARKET under their control including assistance for  engineering
or  architectural  designs  for new or reconstructed facilities, and for
providing promotional support for farmers' markets OR GREENMARKETS.
  S 3. Section 16-n of section 1 of chapter 174 of  the  laws  of  1968,
constituting  the  New  York state urban development corporation act, as
added by chapter 428 of the laws of 2006, is renumbered section  16-t.
  S 4. Section 1 of chapter 174 of the laws of  1968,  constituting  the
New York state urban development corporation act, is amended by adding a
new section 16-u to read as follows:
  S  16-U.  URBAN GREENMARKET FACILITIES CONSTRUCTION PROGRAM. 1.  DEFI-
NITIONS. FOR PURPOSES OF THIS SECTION:
  (A) "URBAN GREENMARKET CONSTRUCTION PROJECT" SHALL MEAN A PROJECT  FOR
THE  ESTABLISHMENT, EXPANSION AND DEVELOPMENT OF A YEAR-ROUND REGIONALLY
BASED  URBAN   GREENMARKET   PRIMARILY   LEASING   SPACE   TO   FARMERS,
FARMER/PROCESSORS  AND  CRAFT  BUSINESSES  FROM WITHIN THE REGION OF THE
GREENMARKET TO SELL DIRECTLY TO CUSTOMERS.
  (B)  "NOT-FOR-PROFIT  CORPORATION"  SHALL  MEAN  CORPORATION  BUSINESS
IMPROVEMENT  DISTRICTS  AND REGIONAL AND COMMUNITY DEVELOPMENT ORGANIZA-
TIONS ORGANIZED UNDER THE PROVISIONS OF THE  NOT-FOR-PROFIT  CORPORATION
LAW OR OTHER STATE LAW PROVIDING FOR NONPROFIT CORPORATIONS.
  (C) "HIGHLY DISTRESSED" SHALL HAVE THE SAME MEANING AS PROVIDED FOR IN
SECTION 16-D OF THIS ACT.
  (D)  "ECONOMICALLY  DISTRESSED  AREAS"  SHALL HAVE THE SAME MEANING AS
PROVIDED FOR IN SECTION 16-D OF THIS ACT.
  2. THE CORPORATION SHALL, FROM APPROPRIATIONS MADE AVAILABLE  FOR  THE
PURPOSE,  ESTABLISH  A  REGIONALLY  BASED  URBAN  GREENMARKET FACILITIES
CONSTRUCTION PROGRAM WHICH SHALL OFFER CONSTRUCTION GRANTS  PURSUANT  TO
PARAGRAPHS  (A)  AND  (B) OF SUBDIVISION 3 OF THIS SECTION AND REVOLVING
LOANS AND LOAN GUARANTEES PURSUANT TO PARAGRAPHS (C) AND (D) OF SUBDIVI-
SION 3 OF THIS SECTION.
  3. TO THE EXTENT THAT MONIES ARE APPROPRIATED FOR THE URBAN GREENMARK-
ET  FACILITIES  CONSTRUCTION  PROGRAM,  THE  CORPORATION  SHALL  PROVIDE
FINANCING FOR REGIONALLY BASED URBAN GREENMARKET FACILITIES CONSTRUCTION
PROJECTS  FOR THE ESTABLISHMENT, EXPANSION AND DEVELOPMENT OF REGIONALLY
BASED URBAN GREENMARKET FACILITIES WHICH ARE INTENDED TO SERVE THE NEEDS
OF THE REGIONAL AGRICULTURAL COMMUNITY AND THE COMMUNITY  REVITALIZATION
OF  THE  HOST CITY. THE CORPORATION, IN CONSULTATION WITH THE DEPARTMENT
OF ECONOMIC DEVELOPMENT, SHALL DEVELOP A JOINT REQUEST FOR  APPLICATIONS
WITH  THE  DEPARTMENT OF AGRICULTURE AND MARKETS' COMMENTS ON SOLICITING
POTENTIAL  APPLICANTS  SEEKING  ASSISTANCE  FOR   THE   DEVELOPMENT   OF
REGIONALLY  BASED  URBAN  GREENMARKET FACILITIES. AN APPLICANT MUST BE A
NOT-FOR-PROFIT CORPORATION,  MUNICIPAL  CORPORATION  OR  PUBLIC  BENEFIT
CORPORATION.    IN  DETERMINING  AWARD RECIPIENTS, THE CORPORATION SHALL
CONSIDER,  AMONG  OTHER  FACTORS,  THE  DEPARTMENT  OF  AGRICULTURE  AND
MARKETS'  COMMENTS  ON THE APPLICATIONS. SUCH FINANCING SHALL CONSIST OF
GRANTS, REVOLVING LOANS  AND  LOAN  GUARANTEES  FOR  THE  ESTABLISHMENT,
EXPANSION, AND DEVELOPMENT OF URBAN GREENMARKET FACILITIES.
  (A)  GRANTS  SHALL  BE  USED  FOR  GENERAL  PROJECT DEVELOPMENT COSTS,
INCLUDING, BUT NOT LIMITED TO:
  (I) THE ACQUISITION, DESIGN, CONSTRUCTION, IMPROVEMENT  OR  RENOVATION
OF THE SITE; AND
  (II) THE PURCHASE OF NECESSARY EQUIPMENT.
  (B)  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION GRANTS SHALL NOT EXCEED
EIGHTY PERCENT OF THE TOTAL PROJECT COST IN HIGHLY  DISTRESSED  COMMUNI-

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TIES;  SHALL  NOT  EXCEED  SEVENTY  PERCENT OF THE TOTAL PROJECT COST IN
ECONOMICALLY DISTRESSED AREAS; AND SHALL NOT EXCEED SIXTY PERCENT OF THE
TOTAL PROJECT COST IN NON-ECONOMICALLY DISTRESSED AREAS.
  (C)  URBAN  GREENMARKET  FACILITY CONSTRUCTION REVOLVING LOAN AND LOAN
GUARANTEES. THE CORPORATION SHALL PROVIDE REVOLVING LOANS AND LOAN GUAR-
ANTEES FOR THE ESTABLISHMENT BY NOT-FOR-PROFIT  CORPORATIONS,  MUNICIPAL
CORPORATIONS  OR  PUBLIC  BENEFIT CORPORATIONS OF REGIONALLY BASED URBAN
GREENMARKET FACILITIES. SUCH REVOLVING LOANS AND LOAN  GUARANTEES  SHALL
BE  FOR  CONSTRUCTION  COSTS,  INCLUDING, BUT NOT LIMITED TO THE DESIGN,
CONSTRUCTION, IMPROVEMENT OR RENOVATION AND MAY INCLUDE INTERIM  FINANC-
ING.
  (D) URBAN GREENMARKET FACILITY REVOLVING LOAN AND LOAN GUARANTEE FUND.
FOR THE PURPOSES OF THIS SUBDIVISION, THE CORPORATION SHALL ESTABLISH AN
URBAN  GREENMARKET FACILITY CONSTRUCTION REVOLVING LOAN AND LOAN GUARAN-
TEE FUND ACCOUNT. THE CORPORATION SHALL DETERMINE THE TERMS AND INTEREST
RATES OF SUCH LOANS TO  NOT-FOR-PROFIT  CORPORATIONS,  MUNICIPAL  CORPO-
RATIONS OR PUBLIC BENEFIT CORPORATIONS, EXCEPT THAT NO LOAN SHALL EXCEED
EIGHTY  PERCENT  OF THE TOTAL PROJECT COST IN HIGHLY DISTRESSED COMMUNI-
TIES;  SEVENTY  PERCENT  OF  THE  TOTAL  PROJECT  COST  IN  ECONOMICALLY
DISTRESSED  AREAS; AND SIXTY PERCENT OF THE TOTAL PROJECT COST IN NON-E-
CONOMICALLY DISTRESSED AREAS. IN INSTANCES WHERE AN OTHERWISE  QUALIFIED
APPLICANT  LACKS  EQUITY  IN A PROJECT, EQUITY PARTICIPATION MAY INCLUDE
ANY COMMITMENT FOR GRANTS. PAYMENTS CONSISTING OF THE REPAYMENT  OF  THE
PRINCIPAL  AMOUNT  OF  THE  LOAN  AND INTEREST SHALL BE DEPOSITED BY THE
CORPORATION INTO THE URBAN  GREENMARKET  FACILITY  REVOLVING  LOAN  FUND
ACCOUNT FROM WHICH THE LOAN WAS MADE.
  4.  FINANCING  FOR  URBAN GREENMARKET FACILITIES CONSTRUCTION PROJECTS
AUTHORIZED PURSUANT TO THIS SUBDIVISION,  SHALL  ONLY  BE  MADE  UPON  A
DETERMINATION BY THE CORPORATION, IN CONSULTATION WITH THE DEPARTMENT OF
ECONOMIC DEVELOPMENT, AND THE DEPARTMENT OF AGRICULTURE AND MARKETS THAT
SUCH  A FACILITY WILL IMPROVE THE AGRICULTURAL AND URBAN ECONOMIES. SUCH
REVOLVING LOANS, LOAN GUARANTEES AND  GRANTS  SHALL  ONLY  BE  MADE  FOR
FACILITIES  WHERE  THERE  ARE  INADEQUATE  AGRICULTURAL DIRECT MARKETING
FACILITIES. SUCH CENTERS SHALL DEMONSTRATE THE POTENTIAL TO OBTAIN, FROM
APPROPRIATE GOVERNMENTAL AGENCIES, ALL  NECESSARY  APPROVALS,  LICENSES,
AND OTHER SUPPORTS REQUIRED TO OPERATE THE FACILITY.
  S 5. This act shall take effect immediately.