Bill Text: NY S06233 | 2021-2022 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2022-03-30 - referred to economic development [S06233 Detail]

Download: New_York-2021-S06233-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6233

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 16, 2021
                                       ___________

        Introduced by Sens. KENNEDY, LIU, MAY -- 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:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the  "food  retail  establishment  subsidization for healthy communities
     3  act".
     4    § 2. Legislative intent. The legislature finds that the lack of access
     5  to fresh foods is a problem  of  growing  concern  in  many  communities
     6  across  the state. Substantial increases in urban land values and rents,
     7  limited access to financing and other economic pressures have left  many
     8  lower-income residents in urban and rural areas underserved by supermar-
     9  kets  and other food retail establishments. The resulting lack of access
    10  to a variety of fresh food retailers makes it more difficult and  expen-
    11  sive  for  these residents to maintain a nutritionally balanced diet and
    12  leads to increased public health costs,  dilutes  the  value  of  public
    13  assistance  for food purchases, leads to greater travel times and energy
    14  expenditures to obtain fresh food, and deprives the state's  farmers  of
    15  markets for their products. Providing access to financial assistance for
    16  urban  and  rural  supermarkets  in  underserved areas will remedy these
    17  adverse conditions, create employment opportunities and help to revital-
    18  ize and stabilize currently underserved neighborhoods.
    19    § 3. Subdivision 1 of section 16-m of section 1 of chapter 174 of  the
    20  laws  of  1968, constituting the New York state urban development corpo-
    21  ration act, is amended by adding a new paragraph (o) to read as follows:
    22    (o) Loans, loan guarantees, interest subsidies  and  grants  to  busi-
    23  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.
                                                                   LBD06900-01-1

        S. 6233                             2

     1  corporations  for  the  purpose of attracting, maintaining or permitting
     2  the expansion of food retail establishments in underserved areas.    The
     3  corporation shall consider the economic viability of the project and the
     4  potential  impact on the community when evaluating applications for such
     5  loans, loan guarantees, interest subsidies and grants.  The  corporation
     6  shall  establish  performance  indicators  to assess the progress of the
     7  projects receiving monies pursuant to the authorization provided in this
     8  paragraph, and track and publish this information on its website.    For
     9  purposes  of  this  paragraph,  "underserved areas" shall include low or
    10  moderate-income census tracts, areas of below average supermarket densi-
    11  ty or having a supermarket customer base with more  than  fifty  percent
    12  living  in low-income census tracts, or other areas demonstrated to have
    13  significant access limitations due to travel distance, as determined  by
    14  the  corporation,  and "food retail establishments" shall include super-
    15  markets and other grocery retailers that operate on a self-service basis
    16  and sell a minimum percentage, as  determined  by  the  corporation,  of
    17  produce,  meat,  poultry, seafood, baked goods and/or dairy products and
    18  which:
    19    (i) participate in the New York grown and certified program;
    20    (ii) accept payment  from  electronic  benefit  transfer  through  the
    21  supplemental  nutrition  assistance  program  and  through  the  special
    22  supplemental nutrition program for women, infants, and children;
    23    (iii) do not charge a membership fee; and
    24    (iv) hire residents living within a twenty mile radius of such  retail
    25  food establishment.
    26    § 4.  This act shall take effect on the first of April next succeeding
    27  the date on which it shall have become a law; provided, however that the
    28  urban  development  corporation  shall be immediately authorized to take
    29  any and all actions  necessary  to  fully  implement  the  provision  of
    30  section three of this act on or before such effective date; and provided
    31  further,  that  the  amendments to section 16-m of the urban development
    32  corporation act made by section three of this act shall not  affect  the
    33  expiration of such section and shall be deemed to expire therewith.
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