S T A T E O F N E W Y O R K
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5814
2009-2010 Regular Sessions
I N A S S E M B L Y
February 20, 2009
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Introduced by M. of A. DIAZ -- read once and referred to the Committee
on Economic Development, Job Creation, Commerce and Industry
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:
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
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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09071-01-9
A. 5814 2
(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; PROVIDED, HOWEVER, 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. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law; provided, however, that
the urban development corporation shall be immediately authorized to
take any and all actions necessary to fully implement the provisions 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.