S T A T E O F N E W Y O R K
________________________________________________________________________
6017
2025-2026 Regular Sessions
I N S E N A T E
March 4, 2025
___________
Introduced by Sen. BASKIN -- 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".
§ 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 (p) to read as follows:
(P) 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.
LBD09510-01-5
S. 6017 2
CORPORATIONS FOR THE PURPOSE OF ATTRACTING, MAINTAINING OR PERMITTING
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.
