Senate Bill S902A

2011-2012 Legislative Session

Establishes the New York state council on food policy

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to finance
Dec 23, 2011	print number 902a
Dec 23, 2011	amend and recommit to finance
Jan 05, 2011	referred to finance

Bill Amendments

2011-S902 - Details

See Assembly Version of this Bill:: A218
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add Art 14-A §§275 - 277, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6893, A7528
2013-2014: A2983

2011-S902 - Summary

Establishes the New York state council on food policy; authorizes the establishment of an advisory board to assist the council; enumerates the powers and duties of the council and board, which include developing comprehensive coordinated state food policies.

2011-S902 - Sponsor Memo

                                BILL NUMBER:S902

TITLE OF BILL:
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

PURPOSE OF BILL:
To establish a State food policy council to develop 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.

SUMMARY OF SPECIFIC PROVISIONS:
A new Article 14-A would be added to the Executive Law. section 275
would establish the NYS Council on Food Policy within the Executive
Department.
The Council would consist of the Commissioners or Directors of:
Health, Agriculture & Markets, Temporary & Disability Assistance,
Education, Aging, General Services, Economic Development, Consumer
Protection Board, Environmental Conservation, and any other executive
departments the Governor deems appropriate and 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 Leader 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 residents 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.

The Governor would designate either the Commissioner of Health, Ag &
Markets, or the Director of Temporary & Disability Assistance as the
chair of the Council.

Section 276 would establish an Advisory Board to the Council of at
least 15 members representing the issue areas of agriculture,
anti-hunger, nutrition, food businesses, environment and labor. The
Governor would appoint at least 9 members to the Board, the Temporary
President of the Senate and the Speaker of the Assembly two each, and
the Minority Leaders of the Senate and the Assembly one each.

Section 277 would establish the powers and duties of the Council and
Advisory Board. The Council and Board would: assess the food policy
needs of the State; disseminate that analysis to State government and
the public; and, assist the Governor, State agencies, and the
Legislature in developing and
implementing policies and programs to address the food policy needs of
the State. The Council and Board would report to the Governor and
Legislature every December on: the prevalence of hunger and food
insecurity, the nutritional well-being of various population groups,


and the status of agriculture and the food industry in the State. The
Council and Board would hold statewide public meetings to solicit
comments and recommendations.

The Council would sunset after 5 years.

JUSTIFICATION:
Dozens of programs, located in numerous agencies at the federal, State
and local level, attempt to reduce hunger, strengthen local
agriculture, and reduce nutrition and health problems. Sometimes
these programs are guided by comprehensive food policy planning but
more often they are not. For example, nutrition programs and policies
are not usually designed in conjunction with agricultural policies
which can result in government nutrition programs not taking into
consideration the use of locally produced foods. Even programs that
target the same problems, hunger and food insecurity, are developed
independently, with different rules and eligibility requirements and
little communication between them.

Although existing food policies and programs are well-intentioned,
many long-term problems such as hunger, poor nutrition, and loss of
farms and food processors continue to plague New York State. Experts
in nutrition, food security, agriculture, food-based economic
development and other similar areas believe that there is a need for
a more comprehensive, less disjointed approach to responding to these
problems. Unfortunately, the tendency of government is to narrowly
focus activities within agencies. One response is to establish
broad-based Food Policy Councils at the State or local levels to
bring together the various agencies, service providers, businesses,
advocates, and experts.

The Council created by this proposal would include the State agencies
that develop or implement food policies and administer food programs.
The Advisory Board would consist of representatives from the key
sectors affected by food policy. The Council and Board would be able
to address issues that cross over from one program to another, one
agency to another, and one issue area to another. Food assistance
programs could be better coordinated and operated more effectively to
end hunger. Programs and policies could be developed to mutually
benefit New York agriculture as well as nutrition, the environment,
and the State and local economy. School meal programs alone bring
over $700 million federal dollars into New York each year but not
enough is spent on locally produced foods. The State could also help
improve security, save energy, increase food safety, and lower costs
by reducing dependence on imported food.

A similar Council on Food and Nutrition Policy was established in 2007
by Executive Order and this legislation incorporates most of the
current Council's structure. Another Council was created in 1988 but
ended four years later. This legislation would continue the Council
for 5 years.

SUMMARY OF AMENDMENTS:
The makeup of the Council has been changed to include non-state agency
appointments. Members of the advisory board shall serve at the
pleasure of


the Governor instead of a three year term. The establishment of
committees for the council was made voluntary.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
None.

LEGISLATIVE HISTORY:
2005/06 - A.10461/S.7618
2007/08 - A.436B/S.2081
2009/10 - A.7528-A/S.6893-A

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal expenses.

EFFECTIVE DATE:
180 days after it becomes law; repealed after December 31, 2017.

2011-S902 - Bill Text download pdf

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

                                   902

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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
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

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

                                                           LBD00829-01-1

S. 902                              2

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-
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

S. 902                              3

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,
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:

S. 902                              4

  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, 2017; 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.

2011-S902A (ACTIVE) - Details

See Assembly Version of this Bill:: A218
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add Art 14-A §§275 - 277, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6893, A7528
2013-2014: A2983

2011-S902A (ACTIVE) - Summary

2011-S902A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S902A

TITLE OF BILL:
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

PURPOSE OF BILL:
To establish a State food policy council to develop 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.

SUMMARY OF SPECIFIC PROVISIONS:
A new Article 14-A would be added to the Executive Law. section 275
would establish the NYS Council on Food policy within the Executive
Department. The Council would consist of the commissioners or
Directors of Health, Agriculture & Markets, Temporary & Disability
Assistance, Education, Aging, General Services, Economic Development,
Consumer Protection Board, Environmental Conservation, and any other
executive departments the Governor deems appropriate and 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 Leader 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 residents 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.

The Governor would designate either the commissioner of Health, Ag &
Markets, or the Director of Temporary & Disability Assistance as the
chair of the Council.

Section 276 would establish an Advisory Board to the Council of at
least 15 members representing the issue areas of agriculture,
anti-hunger, nutrition, food businesses, environment and labor. The
Governor would appoint at least 9 members to the Board, the Temporary
President of the senate and the Speaker of the Assembly two each, and
the Minority Leaders of the Senate and the Assembly one each.

Section 277 would establish the powers and duties of the Council and
Advisory Board. The Council and Board would: assess the food policy
needs of the State; disseminate that analysis to State government and
the public; and, assist the Governor, State agencies, and the
Legislature in developing and implementing policies and programs to
address the food policy needs of the State. The Council and Board
would report to the Governor and Legislature every December on: the
prevalence of hunger and food insecurity, the nutritional well-being
of various population groups, and the status of agriculture and the


food industry in the State. The Council and Board would hold
statewide public meetings to solicit comments and recommendations.

The Council would sunset after 5 years.

JUSTIFICATION:
Dozens of programs, located in numerous agencies at the federal, State
and local level, attempt to reduce hunger, strengthen local
agriculture, and reduce nutrition and health problems. Sometimes
these programs are guided by comprehensive food policy planning but
more often they are not. For example, nutrition programs and policies
are not usually designed in conjunction with agricultural policies
which can result in government nutrition programs not taking into
consideration the use of locally produced foods. Even programs that
target the same problems, hunger and food insecurity, are developed
independently, with different rules and eligibility requirements and
little communication between them.

Although existing food policies and programs are well-intentioned,
many long-term problems such as hunger, poor nutrition, and loss of
farms and food processors continue to plague New York State. Experts
in nutrition, food security, agriculture, food-based economic
development and other similar areas believe that there is a need for
a more comprehensive, less disjointed approach to responding to these
problems. Unfortunately, the tendency of government is to narrowly
focus activities within agencies. One response is to establish
broad-based Food Policy Councils at the State or local levels to
bring together the various agencies, service providers, businesses,
advocates, and experts.

The Council created by this proposal would include the State agencies
that develop or implement food policies and administer food programs.
The Advisory Board would consist of representatives from the key
sectors affected by food policy. The Council and Board would be able
to address issues that cross over from one program to another, one
agency to another, and one issue area to another. Food assistance
programs could be better coordinated and operated more effectively to
end hunger. Programs and policies could be developed to mutually
benefit New York agriculture as well as nutrition, the environment,
and the State and local economy. School meal programs alone bring
over $700 million federal dollars into New York each year but not
enough is spent on locally produced foods.
The State could also help improve security, save energy, increase food
safety, and lower costs by reducing dependence on imported food.

A similar Council on Food and Nutrition Policy was established in 2007
by Executive Order and this legislation incorporates most of the
current Council's structure. Another Council was created in 1988 but
ended four years later. This legislation would continue the Council
for 5 years.

SUMMARY OF AMENDMENTS:
The makeup of the Council has been changed to include non-state agency
appointments. Members of the advisory board shall serve at the
pleasure of the Governor instead of a three year term. The
establishment of committees for the council was made voluntary.


EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
None.

LEGISLATIVE HISTORY:
2005/06 - A.10461/S.7618
2007/08 - A.436B/S.2081
2009/10 - A.7528-A/S.6893-A

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal expenses.

EFFECTIVE DATE:
180 days after it becomes law; repealed after December 31, 2018.

2011-S902A (ACTIVE) - Bill Text download pdf

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

                                 902--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  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
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

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

                                                           LBD00829-02-1

S. 902--A                           2

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-
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-

S. 902--A                           3

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,
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

S. 902--A                           4

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, 2018; 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.

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Finance Committee

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