Bill Text: NY S06893 | 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 1-0)
Status: (Introduced - Dead) 2010-06-15 - REPORTED AND COMMITTED TO RULES [S06893 Detail]
Download: New_York-2009-S06893-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6893--A I N S E N A T E February 23, 2010 ___________ Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted 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 18 STATE AGENCIES AND OFFICES: HEALTH, AGRICULTURE AND MARKETS, TEMPORARY 19 AND DISABILITY ASSISTANCE, EDUCATION, AGING, GENERAL SERVICES, ECONOMIC 20 DEVELOPMENT, ENVIRONMENTAL CONSERVATION, CONSUMER PROTECTION BOARD, AND 21 ANY OTHER EXECUTIVE DEPARTMENTS THE GOVERNOR DEEMS APPROPRIATE. THE 22 COUNCIL SHALL ALSO CONSIST OF THE FOLLOWING MEMBERS WITH EXPERIENCE AND 23 EXPERTISE IN FOOD POLICY: FOUR MEMBERS APPOINTED BY THE GOVERNOR ON THE 24 RECOMMENDATION OF THE LEGISLATIVE LEADERS, ONE EACH BY THE TEMPORARY 25 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10977-05-0 S. 6893--A 2 1 ER OF THE SENATE, AND THE MINORITY LEADER OF THE ASSEMBLY; ONE MEMBER 2 REPRESENTING FARMERS; THREE MEMBERS REPRESENTING THE FOOD INDUSTRY, 3 INCLUDING PRODUCERS, DISTRIBUTORS, PROCESSORS OR RETAILERS WHO ARE RESI- 4 DENTS OF AND WORK IN THE STATE OF NEW YORK; THREE MEMBERS REPRESENTING 5 FOOD AND NUTRITION ASSISTANCE PROGRAMS; ONE MEMBER REPRESENTING 6 ANTI-HUNGER ADVOCATES; ONE MEMBER WHO IS A NUTRITIONIST; ONE MEMBER 7 REPRESENTING CONSUMERS; AND, ONE MEMBER FROM AN ACADEMIC INSTITUTION 8 WITH EXPERTISE IN FOOD POLICY. 9 MEMBERS OF THE COUNCIL SHALL SERVE AT THE PLEASURE OF THE GOVERNOR AND 10 VACANCIES SHALL BE FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS. 11 THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR 12 SERVICES AS MEMBERS OF THE COUNCIL, BUT EACH OF THEM SHALL BE ALLOWED 13 THE NECESSARY AND ACTUAL EXPENSES WHICH HE OR SHE SHALL INCUR IN THE 14 PERFORMANCE OF HIS OR HER DUTIES. 15 1. THE GOVERNOR MAY DESIGNATE EITHER THE COMMISSIONER OF HEALTH, 16 COMMISSIONER OF AGRICULTURE AND MARKETS OR THE COMMISSIONER OF THE 17 OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AS THE CHAIR OF THE COUN- 18 CIL. OF THOSE THREE OFFICERS, THE TWO WHO ARE NOT DESIGNATED AS CHAIR OF 19 THE COUNCIL SHALL BOTH SERVE AS VICE-CHAIRS OF THE COUNCIL. 20 2. THE GOVERNOR, IN CONSULTATION WITH THE CHAIR OF THE COUNCIL, MAY 21 ESTABLISH AT LEAST THREE COMMITTEES OF THE COUNCIL INCLUDING: A COMMIT- 22 TEE ON HUNGER AND FOOD INSECURITY ISSUES, CHAIRED BY THE COMMISSIONER OF 23 THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE; A COMMITTEE ON NUTRI- 24 TION AND HEALTH ISSUES, CHAIRED BY THE COMMISSIONER OF HEALTH; AND A 25 COMMITTEE ON AGRICULTURAL AND FOOD INDUSTRY ISSUES, CHAIRED BY THE 26 COMMISSIONER OF AGRICULTURE AND MARKETS. MEMBERS OF THE COUNCIL MAY 27 SERVE ON MORE THAN ONE COMMITTEE. COUNCIL MEMBERS MAY AUTHORIZE REPRE- 28 SENTATIVES TO PARTICIPATE IN MEETINGS. 29 3. THE CHAIR OF THE COUNCIL, IN CONSULTATION WITH THE OTHER MEMBERS, 30 MAY APPOINT OR EMPLOY AN EXECUTIVE DIRECTOR, AND MAY APPOINT OR EMPLOY 31 SUCH OTHER PERSONNEL AS THE CHAIR MAY DEEM NECESSARY, SUBJECT TO AVAIL- 32 ABLE APPROPRIATIONS. 33 4. TO EFFECTUATE THE PURPOSES OF THIS ARTICLE AND NOTWITHSTANDING ANY 34 OTHER PROVISION OF LAW TO THE CONTRARY, ANY DEPARTMENT, OFFICE, DIVI- 35 SION, BOARD, BUREAU, COMMISSION, COMMITTEE OR AGENCY OF THE STATE OR OF 36 ANY POLITICAL SUBDIVISION THEREOF SHALL, AT THE REQUEST OF THE CHAIR OF 37 THE COUNCIL, PROVIDE TO THE COUNCIL SUCH PERSONNEL, FACILITIES, ASSIST- 38 ANCE AND DATA AS SHALL REASONABLY ENABLE THE COUNCIL TO PROPERLY CARRY 39 OUT ITS POWERS AND DUTIES AND THOSE OF THE CHAIR. 40 5. THE COUNCIL SHALL MEET AS FREQUENTLY AS BUSINESS MAY REQUIRE, BUT 41 AT LEAST TWICE A YEAR; AT LEAST ONE MEETING OF THE COUNCIL MAY BE HELD 42 JOINTLY WITH THE ADVISORY BOARD TO THE COUNCIL. 43 S 276. ADVISORY BOARD TO THE COUNCIL. AN ADVISORY BOARD TO THE COUNCIL 44 SHALL ALSO BE ESTABLISHED TO PROVIDE ADVICE AND RECOMMENDATIONS TO THE 45 COUNCIL PURSUANT TO ITS FUNCTIONS AND DUTIES. THE ADVISORY BOARD SHALL 46 CONSIST OF AT LEAST FIFTEEN MEMBERS INCLUDING, BUT NOT LIMITED TO, 47 REPRESENTATIVES OF THE FOLLOWING: FARMERS AND FOOD PRODUCERS; ANTI-HUN- 48 GER ADVOCATES; GOVERNMENTAL AND NON-GOVERNMENTAL FOOD ASSISTANCE PROVID- 49 ERS OR ADVOCATES; COMMUNITY FOOD SECURITY PROGRAMS OR ADVOCATES; GOVERN- 50 MENTAL AND NON-GOVERNMENTAL NUTRITION PROGRAM MANAGERS; NUTRITIONISTS 51 AND DIETITIANS; MEDICAL PROFESSIONALS; CONSUMERS OR CONSUMER ADVOCATES; 52 FOOD RETAILERS; THE FOODSERVICE INDUSTRY; FOOD PROCESSORS; FOOD MANUFAC- 53 TURERS; ENVIRONMENTALISTS; ACADEMIC FOOD POLICY EXPERTS ON: FOOD SECURI- 54 TY, NUTRITION, AGRICULTURE, FOOD BUSINESSES AND FOOD SAFETY; AND WORKERS 55 OR LABOR ORGANIZATIONS THAT REPRESENT WORKERS AFFECTED BY FOOD POLICY. 56 THE GOVERNOR SHALL APPOINT AT LEAST NINE MEMBERS TO THE ADVISORY BOARD; S. 6893--A 3 1 TWO MEMBERS SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE TEMPORARY 2 PRESIDENT OF THE SENATE; TWO MEMBERS SHALL BE APPOINTED UPON THE RECOM- 3 MENDATION OF THE SPEAKER OF THE ASSEMBLY; ONE MEMBER SHALL BE APPOINTED 4 UPON THE RECOMMENDATION OF THE MINORITY LEADER OF THE SENATE; AND ONE 5 MEMBER SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE MINORITY LEADER 6 OF THE ASSEMBLY. THE GOVERNOR MAY ALSO APPOINT NON-VOTING, EX-OFFICIO 7 MEMBERS TO THE ADVISORY BOARD INCLUDING, BUT NOT LIMITED TO, REPRESEN- 8 TATIVES OF FEDERAL AGENCIES, SUCH AS THE UNITED STATES DEPARTMENT OF 9 AGRICULTURE, THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND OTHER AGENCIES 10 DEEMED APPROPRIATE. EACH MEMBER OF THE ADVISORY BOARD SHALL SERVE AT THE 11 PLEASURE OF THE GOVERNOR AND VACANCIES SHALL BE FILLED IN THE SAME 12 MANNER AS ORIGINAL APPOINTMENTS. THE MEMBERS OF THE ADVISORY BOARD SHALL 13 RECEIVE NO COMPENSATION FOR THEIR SERVICES AS MEMBERS OF THE ADVISORY 14 BOARD, BUT EACH OF THEM SHALL BE ALLOWED THE NECESSARY AND ACTUAL 15 EXPENSES WHICH HE OR SHE SHALL INCUR IN THE PERFORMANCE OF HIS OR HER 16 DUTIES. 17 1. THE CHAIR OF THE COUNCIL SHALL APPOINT THE CHAIR OF THE ADVISORY 18 BOARD AND, IN CONSULTATION WITH THE CHAIR OF THE ADVISORY BOARD, MAY 19 ESTABLISH AT LEAST THREE COMMITTEES OF THE ADVISORY BOARD AS COUNTER- 20 PARTS TO COUNCIL COMMITTEES, INCLUDING: A COMMITTEE ON HUNGER AND FOOD 21 INSECURITY ISSUES; A COMMITTEE ON NUTRITION AND HEALTH ISSUES; AND A 22 COMMITTEE ON AGRICULTURAL AND FOOD INDUSTRY ISSUES. MEMBERS OF THE ADVI- 23 SORY BOARD MAY SERVE ON MORE THAN ONE COMMITTEE. THE CHAIR OF THE COUN- 24 CIL MAY APPOINT NON-VOTING, EX-OFFICIO MEMBERS TO SERVE ON THE ADVISORY 25 BOARD COMMITTEES, WHEN NECESSARY. ADVISORY BOARD MEMBERS MAY AUTHORIZE 26 REPRESENTATIVES TO PARTICIPATE IN MEETINGS. 27 2. THE ADVISORY BOARD SHALL MEET AS FREQUENTLY AS BUSINESS MAY 28 REQUIRE, BUT AT LEAST TWICE A YEAR; AT LEAST ONE MEETING MAY BE HELD 29 JOINTLY WITH THE COUNCIL. 30 S 277. POWERS AND DUTIES OF THE COUNCIL AND BOARD. 1. TO FULFILL ITS 31 PURPOSE AND GOALS, THE COUNCIL, IN COOPERATION WITH ITS ADVISORY BOARD, 32 IS AUTHORIZED AND EMPOWERED TO, AMONG OTHER ACTIVITIES: COLLECT FOOD 33 POLICY DATA AND INFORMATION; ASSESS AND ANALYZE THE FOOD POLICY AND 34 PROGRAM NEEDS OF THE STATE; DISSEMINATE SUCH ASSESSMENT, ANALYSIS AND 35 INFORMATION TO THE GOVERNOR, EXECUTIVE AGENCIES, THE LEGISLATURE AND THE 36 PUBLIC; AND ADVISE AND ASSIST THE GOVERNOR, EXECUTIVE AGENCIES AND THE 37 LEGISLATURE IN PLANNING, DEVELOPING, IMPLEMENTING AND COORDINATING POLI- 38 CIES AND PROGRAMS TO ADDRESS THE FOOD POLICY NEEDS OF THE STATE. 39 2. THE COUNCIL, IN COOPERATION WITH ITS ADVISORY BOARD, MAY REVIEW AND 40 PROVIDE ADVISORY COMMENTS ON FEDERAL, STATE AND LOCAL LEGISLATION, REGU- 41 LATIONS, BUDGET PROPOSALS, SPENDING PLANS, PROGRAM OPERATIONS AND OTHER 42 GOVERNMENTAL ACTIVITIES THAT AFFECT THE IMPLEMENTATION OF FOOD POLICY 43 AND PROGRAMS. 44 3. THE COUNCIL SHALL, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS 45 ARTICLE AND ANNUALLY THEREAFTER, PREPARE A REPORT TO BE DELIVERED TO THE 46 GOVERNOR AND THE LEGISLATURE ON THE FOOD POLICY STATUS OF THE STATE 47 INCLUDING, BUT NOT LIMITED TO: THE PREVALENCE OF HUNGER AND FOOD INSECU- 48 RITY; THE NUTRITIONAL WELL-BEING OF VARIOUS POPULATION GROUPS INCLUDING, 49 BUT NOT LIMITED TO, WOMEN AND MEN, AND DIFFERENT AGE, RACIAL AND ETHNIC 50 GROUPS; THE STATUS OF AGRICULTURE AND THE FOOD INDUSTRY; THE EFFECTIVE- 51 NESS, MANAGEMENT AND COORDINATION OF FOOD, AGRICULTURE AND NUTRITION 52 PROGRAMS; AND RECOMMENDATIONS OF STATE POLICIES, PROGRAMS AND ACTIONS TO 53 MEET THE FOLLOWING GOALS: 54 A. THE SIGNIFICANT REDUCTION, AS DEFINED BY SPECIFIC NUMERICAL GOALS 55 AND TIMETABLES, AND ULTIMATE PREVENTION OF HUNGER AND FOOD INSECURITY BY 56 ASSURING THAT ALL CITIZENS OF THE STATE HAVE ACCESS TO HIGH QUALITY, S. 6893--A 4 1 SAFE, AFFORDABLE, CULTURALLY-APPROPRIATE AND NUTRITIOUS FOOD, FROM LOCAL 2 FOOD PRODUCERS WHENEVER POSSIBLE, THROUGH ADEQUATE PURCHASING POWER, 3 INCLUDING BENEFITS PROVIDED BY FOOD ASSISTANCE PROGRAMS, AND THE NECES- 4 SARY FACILITIES TO PREPARE FOOD; 5 B. THE ADOPTION, BY ALL NEW YORKERS, OF A DIET THAT PROMOTES GOOD 6 HEALTH AND PREVENTS FOOD AND DIET-RELATED DISEASES THROUGHOUT THEIR LIFE 7 SPANS, AND INCLUDES, WHENEVER POSSIBLE, LOCALLY-PRODUCED FOODS; 8 C. INCREASED CONSUMER AND BUSINESS DEMAND FOR NEW YORK FARM AND FOOD 9 PRODUCTS; 10 D. A FLOURISHING AND PROFITABLE FOOD-PRODUCTION SYSTEM IN THE STATE, 11 WHICH MAXIMIZES PRODUCTION OF NUTRITIOUS FOODS; PRESERVES AND PROTECTS 12 OPEN SPACE AND THE ENVIRONMENT; AND PROVIDES SUFFICIENT INCOME FOR FARM 13 FAMILIES AND WORKERS; 14 E. ECONOMIC VIABILITY FOR THE STATE'S FOOD PROCESSING, MARKETING, AND 15 DISTRIBUTION INDUSTRIES THAT SUPPORT THE STATE'S FARMS AND FOOD BUSI- 16 NESSES; AND 17 F. INCREASED EFFECTIVENESS OF AND COORDINATION AMONG FEDERAL, STATE 18 AND LOCAL FOOD, FARM AND NUTRITION PROGRAMS. 19 4. THE COUNCIL AND THE ADVISORY BOARD SHALL HOLD STATEWIDE PUBLIC 20 MEETINGS AS NECESSARY TO SOLICIT PUBLIC COMMENT ON THE ISSUES BEFORE THE 21 COUNCIL. 22 S 2. This act shall take effect on the one hundred eightieth day after 23 it shall have become a law and shall expire and be deemed repealed on 24 and after December 31, 2016; provided, however, any appointments to the 25 New York state council on food policy and the advisory board to such 26 council pursuant to this act shall be made before such effective date.