Bill Text: NY A07528 | 2009-2010 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 20-0)
Status: (Introduced - Dead) 2010-07-01 - held for consideration in ways and means [A07528 Detail]
Download: New_York-2009-A07528-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7528--A
2009-2010 Regular Sessions
I N A S S E M B L Y
April 14, 2009
___________
Introduced by M. of A. ORTIZ, J. RIVERA, ESPAILLAT, KOON, COLTON,
BROOK-KRASNY, LUPARDO, SCHROEDER -- Multi-Sponsored by -- M. of A.
BOYLAND, CAHILL, CARROZZA, DelMONTE, GALEF, LIFTON, MAGEE, PERRY,
REILLY, ROBINSON, SWEENEY, WRIGHT -- read once and referred to the
Committee on Governmental Operations -- recommitted to the Committee
on Governmental Operations in accordance with Assembly Rule 3, sec. 2
-- reported and referred to the Committee on Ways and Means -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted 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:
1 Section 1. The executive law is amended by adding a new article 14-A
2 to read as follows:
3 ARTICLE 14-A
4 NEW YORK STATE COUNCIL ON FOOD POLICY
5 SECTION 275. NEW YORK STATE COUNCIL ON FOOD POLICY.
6 276. ADVISORY BOARD TO THE COUNCIL.
7 277. POWERS AND DUTIES OF THE COUNCIL AND BOARD.
8 S 275. NEW YORK STATE COUNCIL ON FOOD POLICY. THERE IS HEREBY ESTAB-
9 LISHED WITHIN THE EXECUTIVE DEPARTMENT THE "NEW YORK STATE COUNCIL ON
10 FOOD POLICY," HEREINAFTER REFERRED TO IN THIS ARTICLE AS THE "COUNCIL".
11 THE PURPOSE OF THE COUNCIL SHALL BE THE DEVELOPMENT OF COMPREHENSIVE,
12 COORDINATED STATE FOOD POLICIES WITH THE GOAL OF PROVIDING A PLENTIFUL,
13 ACCESSIBLE, AFFORDABLE, SAFE AND NUTRITIOUS FOOD SUPPLY, COMPRISED OF
14 LOCALLY PRODUCED FOODS AS MUCH AS POSSIBLE, SO THAT ALL CITIZENS OF THE
15 STATE ARE ABLE TO EAT A HEALTHY DIET AND AVOID HUNGER, AND HAVE THE
16 OPPORTUNITY TO SUPPORT A VIBRANT LOCAL FARM AND FOOD ECONOMY. THE COUN-
17 CIL SHALL CONSIST OF THE COMMISSIONERS OR DIRECTORS OF THE FOLLOWING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10977-04-0
A. 7528--A 2
1 STATE AGENCIES AND OFFICES: HEALTH, AGRICULTURE AND MARKETS, TEMPORARY
2 AND DISABILITY ASSISTANCE, EDUCATION, AGING, GENERAL SERVICES, ECONOMIC
3 DEVELOPMENT, ENVIRONMENTAL CONSERVATION, CONSUMER PROTECTION BOARD, AND
4 ANY OTHER EXECUTIVE DEPARTMENTS THE GOVERNOR DEEMS APPROPRIATE. THE
5 COUNCIL SHALL ALSO CONSIST OF THE FOLLOWING MEMBERS WITH EXPERIENCE AND
6 EXPERTISE IN FOOD POLICY: FOUR MEMBERS APPOINTED BY THE GOVERNOR ON THE
7 RECOMMENDATION OF THE LEGISLATIVE LEADERS, ONE EACH BY THE TEMPORARY
8 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
9 ER OF THE SENATE, AND THE MINORITY LEADER OF THE ASSEMBLY; ONE MEMBER
10 REPRESENTING FARMERS; THREE MEMBERS REPRESENTING THE FOOD INDUSTRY,
11 INCLUDING PRODUCERS, DISTRIBUTORS, PROCESSORS OR RETAILERS WHO ARE RESI-
12 DENTS OF AND WORK IN THE STATE OF NEW YORK; THREE MEMBERS REPRESENTING
13 FOOD AND NUTRITION ASSISTANCE PROGRAMS; ONE MEMBER REPRESENTING
14 ANTI-HUNGER ADVOCATES; ONE MEMBER WHO IS A NUTRITIONIST; ONE MEMBER
15 REPRESENTING CONSUMERS; AND, ONE MEMBER FROM AN ACADEMIC INSTITUTION
16 WITH EXPERTISE IN FOOD POLICY.
17 MEMBERS OF THE COUNCIL SHALL SERVE AT THE PLEASURE OF THE GOVERNOR AND
18 VACANCIES SHALL BE FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS.
19 THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
20 SERVICES AS MEMBERS OF THE COUNCIL, BUT EACH OF THEM SHALL BE ALLOWED
21 THE NECESSARY AND ACTUAL EXPENSES WHICH HE OR SHE SHALL INCUR IN THE
22 PERFORMANCE OF HIS OR HER DUTIES.
23 1. THE GOVERNOR MAY DESIGNATE EITHER THE COMMISSIONER OF HEALTH,
24 COMMISSIONER OF AGRICULTURE AND MARKETS OR THE COMMISSIONER OF THE
25 OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AS THE CHAIR OF THE COUN-
26 CIL. OF THOSE THREE OFFICERS, THE TWO WHO ARE NOT DESIGNATED AS CHAIR OF
27 THE COUNCIL SHALL BOTH SERVE AS VICE-CHAIRS OF THE COUNCIL.
28 2. THE GOVERNOR, IN CONSULTATION WITH THE CHAIR OF THE COUNCIL, MAY
29 ESTABLISH AT LEAST THREE COMMITTEES OF THE COUNCIL INCLUDING: A COMMIT-
30 TEE ON HUNGER AND FOOD INSECURITY ISSUES, CHAIRED BY THE COMMISSIONER OF
31 THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE; A COMMITTEE ON NUTRI-
32 TION AND HEALTH ISSUES, CHAIRED BY THE COMMISSIONER OF HEALTH; AND A
33 COMMITTEE ON AGRICULTURAL AND FOOD INDUSTRY ISSUES, CHAIRED BY THE
34 COMMISSIONER OF AGRICULTURE AND MARKETS. MEMBERS OF THE COUNCIL MAY
35 SERVE ON MORE THAN ONE COMMITTEE. COUNCIL MEMBERS MAY AUTHORIZE REPRE-
36 SENTATIVES TO PARTICIPATE IN MEETINGS.
37 3. THE CHAIR OF THE COUNCIL, IN CONSULTATION WITH THE OTHER MEMBERS,
38 MAY APPOINT OR EMPLOY AN EXECUTIVE DIRECTOR, AND MAY APPOINT OR EMPLOY
39 SUCH OTHER PERSONNEL AS THE CHAIR MAY DEEM NECESSARY, SUBJECT TO AVAIL-
40 ABLE APPROPRIATIONS.
41 4. TO EFFECTUATE THE PURPOSES OF THIS ARTICLE AND NOTWITHSTANDING ANY
42 OTHER PROVISION OF LAW TO THE CONTRARY, ANY DEPARTMENT, OFFICE, DIVI-
43 SION, BOARD, BUREAU, COMMISSION, COMMITTEE OR AGENCY OF THE STATE OR OF
44 ANY POLITICAL SUBDIVISION THEREOF SHALL, AT THE REQUEST OF THE CHAIR OF
45 THE COUNCIL, PROVIDE TO THE COUNCIL SUCH PERSONNEL, FACILITIES, ASSIST-
46 ANCE AND DATA AS SHALL REASONABLY ENABLE THE COUNCIL TO PROPERLY CARRY
47 OUT ITS POWERS AND DUTIES AND THOSE OF THE CHAIR.
48 5. THE COUNCIL SHALL MEET AS FREQUENTLY AS BUSINESS MAY REQUIRE, BUT
49 AT LEAST TWICE A YEAR; AT LEAST ONE MEETING OF THE COUNCIL MAY BE HELD
50 JOINTLY WITH THE ADVISORY BOARD TO THE COUNCIL.
51 S 276. ADVISORY BOARD TO THE COUNCIL. AN ADVISORY BOARD TO THE COUNCIL
52 SHALL ALSO BE ESTABLISHED TO PROVIDE ADVICE AND RECOMMENDATIONS TO THE
53 COUNCIL PURSUANT TO ITS FUNCTIONS AND DUTIES. THE ADVISORY BOARD SHALL
54 CONSIST OF AT LEAST FIFTEEN MEMBERS INCLUDING, BUT NOT LIMITED TO,
55 REPRESENTATIVES OF THE FOLLOWING: FARMERS AND FOOD PRODUCERS; ANTI-HUN-
56 GER ADVOCATES; GOVERNMENTAL AND NON-GOVERNMENTAL FOOD ASSISTANCE PROVID-
A. 7528--A 3
1 ERS OR ADVOCATES; COMMUNITY FOOD SECURITY PROGRAMS OR ADVOCATES; GOVERN-
2 MENTAL AND NON-GOVERNMENTAL NUTRITION PROGRAM MANAGERS; NUTRITIONISTS
3 AND DIETITIANS; MEDICAL PROFESSIONALS; CONSUMERS OR CONSUMER ADVOCATES;
4 FOOD RETAILERS; THE FOODSERVICE INDUSTRY; FOOD PROCESSORS; FOOD MANUFAC-
5 TURERS; ENVIRONMENTALISTS; ACADEMIC FOOD POLICY EXPERTS ON: FOOD SECURI-
6 TY, NUTRITION, AGRICULTURE, FOOD BUSINESSES AND FOOD SAFETY; AND WORKERS
7 OR LABOR ORGANIZATIONS THAT REPRESENT WORKERS AFFECTED BY FOOD POLICY.
8 THE GOVERNOR SHALL APPOINT AT LEAST NINE MEMBERS TO THE ADVISORY BOARD;
9 TWO MEMBERS SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE TEMPORARY
10 PRESIDENT OF THE SENATE; TWO MEMBERS SHALL BE APPOINTED UPON THE RECOM-
11 MENDATION OF THE SPEAKER OF THE ASSEMBLY; ONE MEMBER SHALL BE APPOINTED
12 UPON THE RECOMMENDATION OF THE MINORITY LEADER OF THE SENATE; AND ONE
13 MEMBER SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE MINORITY LEADER
14 OF THE ASSEMBLY. THE GOVERNOR MAY ALSO APPOINT NON-VOTING, EX-OFFICIO
15 MEMBERS TO THE ADVISORY BOARD INCLUDING, BUT NOT LIMITED TO, REPRESEN-
16 TATIVES OF FEDERAL AGENCIES, SUCH AS THE UNITED STATES DEPARTMENT OF
17 AGRICULTURE, THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND OTHER AGENCIES
18 DEEMED APPROPRIATE. EACH MEMBER OF THE ADVISORY BOARD SHALL SERVE AT THE
19 PLEASURE OF THE GOVERNOR AND VACANCIES SHALL BE FILLED IN THE SAME
20 MANNER AS ORIGINAL APPOINTMENTS. THE MEMBERS OF THE ADVISORY BOARD SHALL
21 RECEIVE NO COMPENSATION FOR THEIR SERVICES AS MEMBERS OF THE ADVISORY
22 BOARD, BUT EACH OF THEM SHALL BE ALLOWED THE NECESSARY AND ACTUAL
23 EXPENSES WHICH HE OR SHE SHALL INCUR IN THE PERFORMANCE OF HIS OR HER
24 DUTIES.
25 1. THE CHAIR OF THE COUNCIL SHALL APPOINT THE CHAIR OF THE ADVISORY
26 BOARD AND, IN CONSULTATION WITH THE CHAIR OF THE ADVISORY BOARD, MAY
27 ESTABLISH AT LEAST THREE COMMITTEES OF THE ADVISORY BOARD AS COUNTER-
28 PARTS TO COUNCIL COMMITTEES, INCLUDING: A COMMITTEE ON HUNGER AND FOOD
29 INSECURITY ISSUES; A COMMITTEE ON NUTRITION AND HEALTH ISSUES; AND A
30 COMMITTEE ON AGRICULTURAL AND FOOD INDUSTRY ISSUES. MEMBERS OF THE ADVI-
31 SORY BOARD MAY SERVE ON MORE THAN ONE COMMITTEE. THE CHAIR OF THE COUN-
32 CIL MAY APPOINT NON-VOTING, EX-OFFICIO MEMBERS TO SERVE ON THE ADVISORY
33 BOARD COMMITTEES, WHEN NECESSARY. ADVISORY BOARD MEMBERS MAY AUTHORIZE
34 REPRESENTATIVES TO PARTICIPATE IN MEETINGS.
35 2. THE ADVISORY BOARD SHALL MEET AS FREQUENTLY AS BUSINESS MAY
36 REQUIRE, BUT AT LEAST TWICE A YEAR; AT LEAST ONE MEETING MAY BE HELD
37 JOINTLY WITH THE COUNCIL.
38 S 277. POWERS AND DUTIES OF THE COUNCIL AND BOARD. 1. TO FULFILL ITS
39 PURPOSE AND GOALS, THE COUNCIL, IN COOPERATION WITH ITS ADVISORY BOARD,
40 IS AUTHORIZED AND EMPOWERED TO, AMONG OTHER ACTIVITIES: COLLECT FOOD
41 POLICY DATA AND INFORMATION; ASSESS AND ANALYZE THE FOOD POLICY AND
42 PROGRAM NEEDS OF THE STATE; DISSEMINATE SUCH ASSESSMENT, ANALYSIS AND
43 INFORMATION TO THE GOVERNOR, EXECUTIVE AGENCIES, THE LEGISLATURE AND THE
44 PUBLIC; AND ADVISE AND ASSIST THE GOVERNOR, EXECUTIVE AGENCIES AND THE
45 LEGISLATURE IN PLANNING, DEVELOPING, IMPLEMENTING AND COORDINATING POLI-
46 CIES AND PROGRAMS TO ADDRESS THE FOOD POLICY NEEDS OF THE STATE.
47 2. THE COUNCIL, IN COOPERATION WITH ITS ADVISORY BOARD, MAY REVIEW AND
48 PROVIDE ADVISORY COMMENTS ON FEDERAL, STATE AND LOCAL LEGISLATION, REGU-
49 LATIONS, BUDGET PROPOSALS, SPENDING PLANS, PROGRAM OPERATIONS AND OTHER
50 GOVERNMENTAL ACTIVITIES THAT AFFECT THE IMPLEMENTATION OF FOOD POLICY
51 AND PROGRAMS.
52 3. THE COUNCIL SHALL, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
53 ARTICLE AND ANNUALLY THEREAFTER, PREPARE A REPORT TO BE DELIVERED TO THE
54 GOVERNOR AND THE LEGISLATURE ON THE FOOD POLICY STATUS OF THE STATE
55 INCLUDING, BUT NOT LIMITED TO: THE PREVALENCE OF HUNGER AND FOOD INSECU-
56 RITY; THE NUTRITIONAL WELL-BEING OF VARIOUS POPULATION GROUPS INCLUDING,
A. 7528--A 4
1 BUT NOT LIMITED TO, WOMEN AND MEN, AND DIFFERENT AGE, RACIAL AND ETHNIC
2 GROUPS; THE STATUS OF AGRICULTURE AND THE FOOD INDUSTRY; THE EFFECTIVE-
3 NESS, MANAGEMENT AND COORDINATION OF FOOD, AGRICULTURE AND NUTRITION
4 PROGRAMS; AND RECOMMENDATIONS OF STATE POLICIES, PROGRAMS AND ACTIONS TO
5 MEET THE FOLLOWING GOALS:
6 A. THE SIGNIFICANT REDUCTION, AS DEFINED BY SPECIFIC NUMERICAL GOALS
7 AND TIMETABLES, AND ULTIMATE PREVENTION OF HUNGER AND FOOD INSECURITY BY
8 ASSURING THAT ALL CITIZENS OF THE STATE HAVE ACCESS TO HIGH QUALITY,
9 SAFE, AFFORDABLE, CULTURALLY-APPROPRIATE AND NUTRITIOUS FOOD, FROM LOCAL
10 FOOD PRODUCERS WHENEVER POSSIBLE, THROUGH ADEQUATE PURCHASING POWER,
11 INCLUDING BENEFITS PROVIDED BY FOOD ASSISTANCE PROGRAMS, AND THE NECES-
12 SARY FACILITIES TO PREPARE FOOD;
13 B. THE ADOPTION, BY ALL NEW YORKERS, OF A DIET THAT PROMOTES GOOD
14 HEALTH AND PREVENTS FOOD AND DIET-RELATED DISEASES THROUGHOUT THEIR LIFE
15 SPANS, AND INCLUDES, WHENEVER POSSIBLE, LOCALLY-PRODUCED FOODS;
16 C. INCREASED CONSUMER AND BUSINESS DEMAND FOR NEW YORK FARM AND FOOD
17 PRODUCTS;
18 D. A FLOURISHING AND PROFITABLE FOOD-PRODUCTION SYSTEM IN THE STATE,
19 WHICH MAXIMIZES PRODUCTION OF NUTRITIOUS FOODS; PRESERVES AND PROTECTS
20 OPEN SPACE AND THE ENVIRONMENT; AND PROVIDES SUFFICIENT INCOME FOR FARM
21 FAMILIES AND WORKERS;
22 E. ECONOMIC VIABILITY FOR THE STATE'S FOOD PROCESSING, MARKETING, AND
23 DISTRIBUTION INDUSTRIES THAT SUPPORT THE STATE'S FARMS AND FOOD BUSI-
24 NESSES; AND
25 F. INCREASED EFFECTIVENESS OF AND COORDINATION AMONG FEDERAL, STATE
26 AND LOCAL FOOD, FARM AND NUTRITION PROGRAMS.
27 4. THE COUNCIL AND THE ADVISORY BOARD SHALL HOLD STATEWIDE PUBLIC
28 MEETINGS AS NECESSARY TO SOLICIT PUBLIC COMMENT ON THE ISSUES BEFORE THE
29 COUNCIL.
30 S 2. This act shall take effect on the one hundred eightieth day after
31 it shall have become a law and shall expire and be deemed repealed on
32 and after December 31, 2016; provided, however, any appointments to the
33 New York state council on food policy and the advisory board to such
34 council pursuant to this act shall be made before such effective date.
