S T A T E O F N E W Y O R K
________________________________________________________________________
3557--A
2009-2010 Regular Sessions
I N S E N A T E
March 24, 2009
___________
Introduced by Sens. ADAMS, KRUEGER -- read twice and ordered printed,
and when printed to be committed to the Committee on Corporations,
Authorities and Commissions -- recommitted to the Committee on Corpo-
rations, Authorities and Commissions in accordance with Senate Rule 6,
sec. 8 -- reported favorably from said committee and committed to the
Committee on Finance -- 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 enacting the food retail establishment subsidization for
healthy communities (FRESH Communities) act; and to amend the tax law,
in relation to establishing the retail food establishment living wages
tax credit
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "food retail establishment subsidization for healthy communities
act".
S 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. Substantial increases in urban land values and rents,
limited access to financing and other economic pressures have left many
lower-income residents in urban and rural areas underserved by supermar-
kets and other food retail establishments. The resulting lack of access
to a variety of fresh food retailers makes it more difficult and expen-
sive for these residents to maintain a nutritionally balanced diet and
leads to increased public health costs, dilutes the value of public
assistance for food purchases, leads to greater travel times and energy
expenditures to obtain fresh food, and deprives the state's farmers of
markets for their products. Providing access to financial assistance for
urban and rural supermarkets in underserved areas will remedy these
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09071-03-9
S. 3557--A 2
adverse conditions, create employment opportunities and help to revital-
ize and stabilize currently underserved neighborhoods.
S 3. Paragraph (k) of 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 (1) is added to
read as follows:
(k) Assistance for regional partnership proposals, as provided in
subdivision 12 of section 3154 of the public authorities law[.]; AND
(1) LOANS, LOAN GUARANTEES, INTEREST SUBSIDIES AND GRANTS TO BUSI-
NESSES, 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 DENSI-
TY OR HAVING A 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 SUPER-
MARKETS 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:
(A) PARTICIPATES IN THE PRIDE OF NEW YORK PROGRAM;
(B) ACCEPT PAYMENT FROM ELECTRONIC BENEFIT TRANSFER THROUGH THE
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM AND THROUGH THE SPECIAL
SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN;
(C) DO NOT CHARGE A MEMBERSHIP FEE;
(D) HIRE RESIDENTS LIVING WITHIN A TWENTY MILE RADIUS OF SUCH RETAIL
FOOD ESTABLISHMENT; AND
(E) PAY ITS EMPLOYEES AN AMOUNT AT LEAST EQUAL TO A LIVING WAGE RATE,
WHICH SHALL BE DETERMINED BY THE COMMISSIONER OF LABOR; PROVIDED, HOWEV-
ER, THAT SUCH TERM SHALL NOT INCLUDE CONVENIENCE STORES, AND THAT REAL
ESTATE PROJECTS WHICH HAVE MULTI-TENANT USES ARE NOT ELIGIBLE UNLESS A
MINIMUM OF FIFTY PERCENT OF THE BUILDING AREA FOR WHICH ASSISTANCE IS
SOUGHT WILL BE USED FOR FOOD RETAIL ESTABLISHMENTS.
S 4. Section 210 of the tax law is amended by adding a new subdivision
41 to read as follows:
41. RETAIL FOOD ESTABLISHMENT LIVING WAGES TAX CREDIT. (A) GENERAL. A
TAXPAYER THAT IS A RETAIL FOOD ESTABLISHMENT AS DEFINED IN PARAGRAPH (B)
OF THIS SUBDIVISION SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY
THIS ARTICLE, FOR PROVIDING LIVING WAGES TO ITS EMPLOYEES.
(B) RETAIL FOOD ESTABLISHMENTS. AN ELIGIBLE TAXPAYER SHALL BE A RETAIL
FOOD ESTABLISHMENT AS DEFINED IN PARAGRAPH (L) OF SUBDIVISION ONE OF
SECTION SIXTEEN-M OF SECTION ONE OF THE NEW YORK STATE URBAN DEVELOPMENT
CORPORATION ACT.
(C) AMOUNT OF CREDIT. THE AMOUNT OF THE CREDIT SHALL BE EQUAL TO THE
DIFFERENCE BETWEEN THE NEW YORK STATE MINIMUM WAGE ESTABLISHED PURSUANT
TO SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW AND THE LIVING WAGE,
TO BE DEFINED BY THE COMMISSIONER OF LABOR.
(D) CARRYOVER. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXA-
BLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE
HIGHER OF THE AMOUNTS PRESCRIBED IN PARAGRAPHS (C) AND (D) OF SUBDIVI-
SION ONE OF THIS SECTION. PROVIDED, HOWEVER, IF THE AMOUNT OF CREDIT
ALLOWABLE UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO
SUCH AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE YEAR
S. 3557--A 3
MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS, AND MAY BE DEDUCTED
FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
S 5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new clause (xxxi) to read as
follows:
(XXXI) RETAIL FOOD AMOUNT OF CREDIT
ESTABLISHMENT TAX CREDIT UNDER UNDER SUBDIVISION
SUBSECTION (K-1) FORTY-ONE OF SECTION
TWO HUNDRED TEN
S 6. Section 606 of the tax law is amended by adding a new subsection
(k-1) to read as follows:
(K-1) RETAIL FOOD ESTABLISHMENT LIVING WAGES TAX CREDIT. (1) A TAXPAY-
ER THAT IS A RETAIL FOOD ESTABLISHMENT AS DEFINED IN PARAGRAPH (1) OF
SUBDIVISION ONE OF SECTION SIXTEEN-M OF SECTION ONE OF THE NEW YORK
STATE URBAN DEVELOPMENT CORPORATION ACT SHALL BE ALLOWED A CREDIT
AGAINST THE TAX IMPOSED BY THE ARTICLE. THE AMOUNT OF THE CREDIT SHALL
BE EQUAL TO THE DIFFERENCE BETWEEN THE NEW YORK STATE MINIMUM WAGE
ESTABLISHED PURSUANT TO SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW
AND THE LIVING WAGE TO BE DETERMINED BY THE COMMISSIONER OF LABOR.
(2) IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR ANY
TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS
SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN
ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS
ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
S 7. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law; provided, however:
1. that the urban development corporation shall be immediately author-
ized to take any and all actions necessary to fully implement the
provision 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; and
2. that the credit established by sections four, five and six of this
act shall apply to taxable years beginning on or after January 1, 2010.