senate Bill S3819

2013-2014 Legislative Session

Enacts the "food retail establishment subsidization for healthy communities act"

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to corporations, authorities and commissions
Feb 21, 2013 referred to corporations, authorities and commissions

S3819 - Bill Details

See Assembly Version of this Bill:
A8674
Current Committee:
Law Section:
New York State Urban Development Corporation Act
Laws Affected:
Amd ยง16-m, UDC Act
Versions Introduced in Previous Legislative Sessions:
2011-2012: S7385, A2359A
2009-2010: A7975A
2013-2014: A2483

S3819 - Bill Texts

view summary

Enacts the "food retail establishment subsidization for healthy communities act" (FRESH Communities); provides loans, loan guarantees, interest subsidies and grants to businesses, 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.

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BILL NUMBER:S3819

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: To promote public health and
nutrition by authorizing assistance for establishment or retention of
food retail establishments selling fresh food in underserved
communities.

SUMMARY OF SPECIFIC PROVISIONS: Section 1. Short title. This act
shall be known as the "food retail establishment subsidization for
healthy communities (FRESH) act."

Section 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 and a contributing factor to a number of
problems ranging from malnutrition and obesity to increased public
health care costs and limit economic opportunities for farmers in the
state.

Section 3. 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, is amended by adding a new paragraph (o) The new
paragraph includes provisions for loans, loan guarantees, interest
subsidies and grants to businesses, 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 density or having
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
supermarkets 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:

(i) participate in the Pride of New York program;

(ii) accept payment from electronic benefit transfer through the
supplemental nutrition assistance program and through the special
supplemental nutrition program for women, infants, and children;

(iii) do not charge a membership fee; and

(iv) hire residents living within a twenty mile radius of such retail
food establishment.

JUSTIFICATION: Development pressures in New York's urban areas,
increased consolidation of the retail industry and other socioeconomic
factors have led to a decline in the number of supermarkets and other
retail outlets selling fresh foods. The lack of sufficient access to
retailers offering fresh food choices in urban areas is a growing


problem nationally and increasingly a contributing factor to increased
rates of obesity, diabetes and other nutrition-related health concerns
our neighboring state of Pennsylvania has responded by enacting a
First Industries Program that provides grants, loans and loan
guarantees to provide financial assistance to urban and rural
supermarkets in underserved communities. Ensuring an adequate number
of outlets for fresh produce, dairy products, meat, poultry, seafood
and bakery items will not only benefit the residents of currently
underserved communities, but will also benefit local and regional
growers and processors. In addition, the bill would reduce energy
expenditures and greenhouse gas emissions by encouraging reliance on
less processed food and reducing the need for long distance
transportation.

Retail establishment that participate in this program will be required
to accept payment from electronic benefit transfer through the
supplemental nutrition assistance program, do not charge a membership
fee, hire residents living within a twenty mile radius of their
business

PRIOR LEGISLATIVE HISTORY: 2009-2010 A.7975-A, 2007-2008 A.11771,
2011-2012; A. Referred to Economic Development, passed Assembly,
S.7385 referred to Corporations, Authorities, and Commissions

FISCAL IMPLICATIONS: Undetermined

EFFECTIVE DATE: 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.

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

                                  3819

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 21, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

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. Subdivision 1 of section 16-m of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban  development  corpo-
ration act, is amended by adding a new paragraph (o) to read as follows:
  (O)  LOANS,  LOAN  GUARANTEES,  INTEREST SUBSIDIES AND GRANTS TO BUSI-
NESSES, MUNICIPALITIES, NOT-FOR-PROFIT CORPORATIONS OR LOCAL DEVELOPMENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03739-01-3

S. 3819                             2

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:
  (I) PARTICIPATE IN THE PRIDE OF NEW YORK PROGRAM;
  (II) ACCEPT PAYMENT  FROM  ELECTRONIC  BENEFIT  TRANSFER  THROUGH  THE
SUPPLEMENTAL  NUTRITION  ASSISTANCE  PROGRAM  AND  THROUGH  THE  SPECIAL
SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN;
  (III) DO NOT CHARGE A MEMBERSHIP FEE; AND
  (IV) HIRE RESIDENTS LIVING WITHIN A TWENTY MILE RADIUS OF SUCH  RETAIL
FOOD ESTABLISHMENT.
  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  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.

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