Assembly Bill A7859

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7859
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 28, 2021
                                ___________
 
 Introduced  by  M.  of  A. J. D. RIVERA -- read once and referred to the
   Committee on Economic Development
 
 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".
   § 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.
   § 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
 CORPORATIONS  FOR  THE  PURPOSE OF ATTRACTING, MAINTAINING OR PERMITTING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06900-01-1

 A. 7859                             2
 
 THE EXPANSION OF FOOD RETAIL ESTABLISHMENTS IN UNDERSERVED AREAS.    THE
 CORPORATION SHALL CONSIDER THE ECONOMIC VIABILITY OF THE PROJECT AND THE
 POTENTIAL  IMPACT ON THE COMMUNITY WHEN EVALUATING APPLICATIONS FOR SUCH
 LOANS,  LOAN  GUARANTEES, INTEREST SUBSIDIES AND GRANTS. THE CORPORATION
 SHALL ESTABLISH PERFORMANCE INDICATORS TO ASSESS  THE  PROGRESS  OF  THE
 PROJECTS RECEIVING MONIES PURSUANT TO THE AUTHORIZATION PROVIDED IN THIS
 PARAGRAPH,  AND  TRACK AND PUBLISH THIS INFORMATION ON ITS WEBSITE.  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,  AS DETERMINED BY THE CORPORATION, OF
 PRODUCE, MEAT, POULTRY, SEAFOOD, BAKED GOODS AND/OR DAIRY  PRODUCTS  AND
 WHICH:
   (I) PARTICIPATE IN THE NEW YORK GROWN AND CERTIFIED 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.
   § 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.