S T A T E   O F   N E W   Y O R K
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                                 7528--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 14, 2009
                               ___________

Introduced  by  M.  of  A.  ORTIZ,  J. RIVERA,  ESPAILLAT, KOON, COLTON,
  BROOK-KRASNY, LUPARDO, SCHROEDER -- Multi-Sponsored by  --  M.  of  A.
  BOYLAND,  CAHILL,  CARROZZA,  DelMONTE,  GALEF,  LIFTON, MAGEE, PERRY,
  REILLY, ROBINSON, SWEENEY, WRIGHT -- read once  and  referred  to  the
  Committee  on  Governmental Operations -- recommitted to the Committee
  on Governmental Operations in accordance with Assembly Rule 3, sec.  2
  -- reported and referred to the Committee on Ways and Means -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the executive law, in relation to the creation of a  New
  York  state  council  on  food policy; and providing for the repeal of
  such provisions upon expiration thereof

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

  Section  1.  The executive law is amended by adding a new article 14-A
to read as follows:
                              ARTICLE 14-A
                  NEW YORK STATE COUNCIL ON FOOD POLICY
SECTION 275. NEW YORK STATE COUNCIL ON FOOD POLICY.
        276. ADVISORY BOARD TO THE COUNCIL.
        277. POWERS AND DUTIES OF THE COUNCIL AND BOARD.
  S 275. NEW YORK STATE COUNCIL ON FOOD POLICY. THERE IS  HEREBY  ESTAB-
LISHED  WITHIN  THE  EXECUTIVE DEPARTMENT THE "NEW YORK STATE COUNCIL ON
FOOD POLICY," HEREINAFTER REFERRED TO IN THIS ARTICLE AS THE  "COUNCIL".
THE  PURPOSE  OF  THE COUNCIL SHALL BE THE DEVELOPMENT OF COMPREHENSIVE,
COORDINATED STATE FOOD POLICIES WITH THE GOAL OF PROVIDING A  PLENTIFUL,
ACCESSIBLE,  AFFORDABLE,  SAFE  AND NUTRITIOUS FOOD SUPPLY, COMPRISED OF
LOCALLY PRODUCED FOODS AS MUCH AS POSSIBLE, SO THAT ALL CITIZENS OF  THE
STATE  ARE  ABLE  TO  EAT  A HEALTHY DIET AND AVOID HUNGER, AND HAVE THE
OPPORTUNITY TO SUPPORT A VIBRANT LOCAL FARM AND FOOD ECONOMY. THE  COUN-
CIL  SHALL  CONSIST  OF  THE COMMISSIONERS OR DIRECTORS OF THE FOLLOWING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10977-04-0
              

A. 7528--A                          2

STATE AGENCIES AND OFFICES: HEALTH, AGRICULTURE AND  MARKETS,  TEMPORARY
AND  DISABILITY ASSISTANCE, EDUCATION, AGING, GENERAL SERVICES, ECONOMIC
DEVELOPMENT, ENVIRONMENTAL CONSERVATION, CONSUMER PROTECTION BOARD,  AND
ANY  OTHER  EXECUTIVE  DEPARTMENTS  THE GOVERNOR DEEMS APPROPRIATE.  THE
COUNCIL SHALL ALSO CONSIST OF THE FOLLOWING MEMBERS WITH EXPERIENCE  AND
EXPERTISE  IN FOOD POLICY: FOUR MEMBERS APPOINTED BY THE GOVERNOR ON THE
RECOMMENDATION OF THE LEGISLATIVE LEADERS, ONE  EACH  BY  THE  TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
ER  OF  THE  SENATE, AND THE MINORITY LEADER OF THE ASSEMBLY; ONE MEMBER
REPRESENTING FARMERS; THREE  MEMBERS  REPRESENTING  THE  FOOD  INDUSTRY,
INCLUDING PRODUCERS, DISTRIBUTORS, PROCESSORS OR RETAILERS WHO ARE RESI-
DENTS  OF  AND WORK IN THE STATE OF NEW YORK; THREE MEMBERS REPRESENTING
FOOD  AND  NUTRITION  ASSISTANCE  PROGRAMS;  ONE   MEMBER   REPRESENTING
ANTI-HUNGER  ADVOCATES;  ONE  MEMBER  WHO  IS A NUTRITIONIST; ONE MEMBER
REPRESENTING CONSUMERS; AND, ONE MEMBER  FROM  AN  ACADEMIC  INSTITUTION
WITH EXPERTISE IN FOOD POLICY.
  MEMBERS OF THE COUNCIL SHALL SERVE AT THE PLEASURE OF THE GOVERNOR AND
VACANCIES  SHALL  BE FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS.
THE MEMBERS OF THE COUNCIL  SHALL  RECEIVE  NO  COMPENSATION  FOR  THEIR
SERVICES  AS  MEMBERS  OF THE COUNCIL, BUT EACH OF THEM SHALL BE ALLOWED
THE NECESSARY AND ACTUAL EXPENSES WHICH HE OR SHE  SHALL  INCUR  IN  THE
PERFORMANCE OF HIS OR HER DUTIES.
  1.  THE  GOVERNOR  MAY  DESIGNATE  EITHER  THE COMMISSIONER OF HEALTH,
COMMISSIONER OF AGRICULTURE AND  MARKETS  OR  THE  COMMISSIONER  OF  THE
OFFICE  OF TEMPORARY AND DISABILITY ASSISTANCE AS THE CHAIR OF THE COUN-
CIL. OF THOSE THREE OFFICERS, THE TWO WHO ARE NOT DESIGNATED AS CHAIR OF
THE COUNCIL SHALL BOTH SERVE AS VICE-CHAIRS OF THE COUNCIL.
  2. THE GOVERNOR, IN CONSULTATION WITH THE CHAIR OF  THE  COUNCIL,  MAY
ESTABLISH  AT LEAST THREE COMMITTEES OF THE COUNCIL INCLUDING: A COMMIT-
TEE ON HUNGER AND FOOD INSECURITY ISSUES, CHAIRED BY THE COMMISSIONER OF
THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE; A COMMITTEE ON NUTRI-
TION AND HEALTH ISSUES, CHAIRED BY THE COMMISSIONER  OF  HEALTH;  AND  A
COMMITTEE  ON  AGRICULTURAL  AND  FOOD  INDUSTRY  ISSUES, CHAIRED BY THE
COMMISSIONER OF AGRICULTURE AND MARKETS.  MEMBERS  OF  THE  COUNCIL  MAY
SERVE  ON MORE THAN ONE COMMITTEE.  COUNCIL MEMBERS MAY AUTHORIZE REPRE-
SENTATIVES TO PARTICIPATE IN MEETINGS.
  3. THE CHAIR OF THE COUNCIL, IN CONSULTATION WITH THE  OTHER  MEMBERS,
MAY  APPOINT  OR EMPLOY AN EXECUTIVE DIRECTOR, AND MAY APPOINT OR EMPLOY
SUCH OTHER PERSONNEL AS THE CHAIR MAY DEEM NECESSARY, SUBJECT TO  AVAIL-
ABLE APPROPRIATIONS.
  4.  TO EFFECTUATE THE PURPOSES OF THIS ARTICLE AND NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, ANY  DEPARTMENT,  OFFICE,  DIVI-
SION,  BOARD, BUREAU, COMMISSION, COMMITTEE OR AGENCY OF THE STATE OR OF
ANY POLITICAL SUBDIVISION THEREOF SHALL, AT THE REQUEST OF THE CHAIR  OF
THE  COUNCIL, PROVIDE TO THE COUNCIL SUCH PERSONNEL, FACILITIES, ASSIST-
ANCE AND DATA AS SHALL REASONABLY ENABLE THE COUNCIL TO  PROPERLY  CARRY
OUT ITS POWERS AND DUTIES AND THOSE OF THE CHAIR.
  5.  THE  COUNCIL SHALL MEET AS FREQUENTLY AS BUSINESS MAY REQUIRE, BUT
AT LEAST TWICE A YEAR; AT LEAST ONE MEETING OF THE COUNCIL MAY  BE  HELD
JOINTLY WITH THE ADVISORY BOARD TO THE COUNCIL.
  S 276. ADVISORY BOARD TO THE COUNCIL. AN ADVISORY BOARD TO THE COUNCIL
SHALL  ALSO  BE ESTABLISHED TO PROVIDE ADVICE AND RECOMMENDATIONS TO THE
COUNCIL PURSUANT TO ITS FUNCTIONS AND DUTIES. THE ADVISORY  BOARD  SHALL
CONSIST  OF  AT  LEAST  FIFTEEN  MEMBERS  INCLUDING, BUT NOT LIMITED TO,
REPRESENTATIVES OF THE FOLLOWING: FARMERS AND FOOD PRODUCERS;  ANTI-HUN-
GER ADVOCATES; GOVERNMENTAL AND NON-GOVERNMENTAL FOOD ASSISTANCE PROVID-

A. 7528--A                          3

ERS OR ADVOCATES; COMMUNITY FOOD SECURITY PROGRAMS OR ADVOCATES; GOVERN-
MENTAL  AND  NON-GOVERNMENTAL  NUTRITION PROGRAM MANAGERS; NUTRITIONISTS
AND DIETITIANS; MEDICAL PROFESSIONALS; CONSUMERS OR CONSUMER  ADVOCATES;
FOOD RETAILERS; THE FOODSERVICE INDUSTRY; FOOD PROCESSORS; FOOD MANUFAC-
TURERS; ENVIRONMENTALISTS; ACADEMIC FOOD POLICY EXPERTS ON: FOOD SECURI-
TY, NUTRITION, AGRICULTURE, FOOD BUSINESSES AND FOOD SAFETY; AND WORKERS
OR  LABOR  ORGANIZATIONS THAT REPRESENT WORKERS AFFECTED BY FOOD POLICY.
THE GOVERNOR SHALL APPOINT AT LEAST NINE MEMBERS TO THE ADVISORY  BOARD;
TWO  MEMBERS SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE TEMPORARY
PRESIDENT OF THE SENATE; TWO MEMBERS SHALL BE APPOINTED UPON THE  RECOM-
MENDATION  OF THE SPEAKER OF THE ASSEMBLY; ONE MEMBER SHALL BE APPOINTED
UPON THE RECOMMENDATION OF THE MINORITY LEADER OF THE  SENATE;  AND  ONE
MEMBER SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE MINORITY LEADER
OF  THE  ASSEMBLY.  THE GOVERNOR MAY ALSO APPOINT NON-VOTING, EX-OFFICIO
MEMBERS TO THE ADVISORY BOARD INCLUDING, BUT NOT LIMITED  TO,  REPRESEN-
TATIVES  OF  FEDERAL  AGENCIES,  SUCH AS THE UNITED STATES DEPARTMENT OF
AGRICULTURE, THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND OTHER  AGENCIES
DEEMED APPROPRIATE. EACH MEMBER OF THE ADVISORY BOARD SHALL SERVE AT THE
PLEASURE  OF  THE  GOVERNOR  AND  VACANCIES  SHALL BE FILLED IN THE SAME
MANNER AS ORIGINAL APPOINTMENTS. THE MEMBERS OF THE ADVISORY BOARD SHALL
RECEIVE NO COMPENSATION FOR THEIR SERVICES AS MEMBERS  OF  THE  ADVISORY
BOARD,  BUT  EACH  OF  THEM  SHALL  BE  ALLOWED THE NECESSARY AND ACTUAL
EXPENSES WHICH HE OR SHE SHALL INCUR IN THE PERFORMANCE OF  HIS  OR  HER
DUTIES.
  1.  THE  CHAIR  OF THE COUNCIL SHALL APPOINT THE CHAIR OF THE ADVISORY
BOARD AND, IN CONSULTATION WITH THE CHAIR OF  THE  ADVISORY  BOARD,  MAY
ESTABLISH  AT  LEAST  THREE COMMITTEES OF THE ADVISORY BOARD AS COUNTER-
PARTS TO COUNCIL COMMITTEES, INCLUDING: A COMMITTEE ON HUNGER  AND  FOOD
INSECURITY  ISSUES;  A  COMMITTEE  ON NUTRITION AND HEALTH ISSUES; AND A
COMMITTEE ON AGRICULTURAL AND FOOD INDUSTRY ISSUES. MEMBERS OF THE ADVI-
SORY BOARD MAY SERVE ON MORE THAN ONE COMMITTEE. THE CHAIR OF THE  COUN-
CIL  MAY APPOINT NON-VOTING, EX-OFFICIO MEMBERS TO SERVE ON THE ADVISORY
BOARD COMMITTEES, WHEN NECESSARY. ADVISORY BOARD MEMBERS  MAY  AUTHORIZE
REPRESENTATIVES TO PARTICIPATE IN MEETINGS.
  2.  THE  ADVISORY  BOARD  SHALL  MEET  AS  FREQUENTLY  AS BUSINESS MAY
REQUIRE, BUT AT LEAST TWICE A YEAR; AT LEAST ONE  MEETING  MAY  BE  HELD
JOINTLY WITH THE COUNCIL.
  S  277.  POWERS AND DUTIES OF THE COUNCIL AND BOARD. 1. TO FULFILL ITS
PURPOSE AND GOALS, THE COUNCIL, IN COOPERATION WITH ITS ADVISORY  BOARD,
IS  AUTHORIZED  AND  EMPOWERED  TO, AMONG OTHER ACTIVITIES: COLLECT FOOD
POLICY DATA AND INFORMATION; ASSESS AND  ANALYZE  THE  FOOD  POLICY  AND
PROGRAM  NEEDS  OF  THE STATE; DISSEMINATE SUCH ASSESSMENT, ANALYSIS AND
INFORMATION TO THE GOVERNOR, EXECUTIVE AGENCIES, THE LEGISLATURE AND THE
PUBLIC; AND ADVISE AND ASSIST THE GOVERNOR, EXECUTIVE AGENCIES  AND  THE
LEGISLATURE IN PLANNING, DEVELOPING, IMPLEMENTING AND COORDINATING POLI-
CIES AND PROGRAMS TO ADDRESS THE FOOD POLICY NEEDS OF THE STATE.
  2. THE COUNCIL, IN COOPERATION WITH ITS ADVISORY BOARD, MAY REVIEW AND
PROVIDE ADVISORY COMMENTS ON FEDERAL, STATE AND LOCAL LEGISLATION, REGU-
LATIONS,  BUDGET PROPOSALS, SPENDING PLANS, PROGRAM OPERATIONS AND OTHER
GOVERNMENTAL ACTIVITIES THAT AFFECT THE IMPLEMENTATION  OF  FOOD  POLICY
AND PROGRAMS.
  3.  THE  COUNCIL  SHALL, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
ARTICLE AND ANNUALLY THEREAFTER, PREPARE A REPORT TO BE DELIVERED TO THE
GOVERNOR AND THE LEGISLATURE ON THE FOOD  POLICY  STATUS  OF  THE  STATE
INCLUDING, BUT NOT LIMITED TO: THE PREVALENCE OF HUNGER AND FOOD INSECU-
RITY; THE NUTRITIONAL WELL-BEING OF VARIOUS POPULATION GROUPS INCLUDING,

A. 7528--A                          4

BUT  NOT LIMITED TO, WOMEN AND MEN, AND DIFFERENT AGE, RACIAL AND ETHNIC
GROUPS; THE STATUS OF AGRICULTURE AND THE FOOD INDUSTRY; THE  EFFECTIVE-
NESS,  MANAGEMENT  AND  COORDINATION  OF FOOD, AGRICULTURE AND NUTRITION
PROGRAMS; AND RECOMMENDATIONS OF STATE POLICIES, PROGRAMS AND ACTIONS TO
MEET THE FOLLOWING GOALS:
  A.  THE  SIGNIFICANT REDUCTION, AS DEFINED BY SPECIFIC NUMERICAL GOALS
AND TIMETABLES, AND ULTIMATE PREVENTION OF HUNGER AND FOOD INSECURITY BY
ASSURING THAT ALL CITIZENS OF THE STATE HAVE  ACCESS  TO  HIGH  QUALITY,
SAFE, AFFORDABLE, CULTURALLY-APPROPRIATE AND NUTRITIOUS FOOD, FROM LOCAL
FOOD  PRODUCERS  WHENEVER  POSSIBLE,  THROUGH ADEQUATE PURCHASING POWER,
INCLUDING BENEFITS PROVIDED BY FOOD ASSISTANCE PROGRAMS, AND THE  NECES-
SARY FACILITIES TO PREPARE FOOD;
  B.  THE  ADOPTION,  BY  ALL  NEW YORKERS, OF A DIET THAT PROMOTES GOOD
HEALTH AND PREVENTS FOOD AND DIET-RELATED DISEASES THROUGHOUT THEIR LIFE
SPANS, AND INCLUDES, WHENEVER POSSIBLE, LOCALLY-PRODUCED FOODS;
  C. INCREASED  CONSUMER AND BUSINESS DEMAND FOR NEW YORK FARM AND  FOOD
PRODUCTS;
  D.  A  FLOURISHING AND PROFITABLE FOOD-PRODUCTION SYSTEM IN THE STATE,
WHICH MAXIMIZES PRODUCTION OF NUTRITIOUS FOODS; PRESERVES  AND  PROTECTS
OPEN  SPACE AND THE ENVIRONMENT; AND PROVIDES SUFFICIENT INCOME FOR FARM
FAMILIES AND WORKERS;
  E. ECONOMIC VIABILITY FOR THE STATE'S FOOD PROCESSING, MARKETING,  AND
DISTRIBUTION  INDUSTRIES  THAT  SUPPORT THE STATE'S FARMS AND FOOD BUSI-
NESSES; AND
  F. INCREASED EFFECTIVENESS OF AND COORDINATION  AMONG  FEDERAL,  STATE
AND LOCAL FOOD, FARM AND NUTRITION PROGRAMS.
  4.  THE  COUNCIL  AND  THE  ADVISORY BOARD SHALL HOLD STATEWIDE PUBLIC
MEETINGS AS NECESSARY TO SOLICIT PUBLIC COMMENT ON THE ISSUES BEFORE THE
COUNCIL.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and be  deemed  repealed  on
and  after December 31, 2016; provided, however, any appointments to the
New York state council on food policy and the  advisory  board  to  such
council pursuant to this act shall be made before such effective date.