Bill Text: NY S07385 | 2011-2012 | General Assembly | Introduced

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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: Bipartisan Bill

Status: (Introduced - Dead) 2012-05-02 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S07385 Detail]

Download: New_York-2011-S07385-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7385
                                   I N  S E N A T E
                                      May 2, 2012
                                      ___________
       Introduced  by  Sen.  HANNON -- 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    S 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    S  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 (n) to read as follows:
   22    (N)  LOANS,  LOAN  GUARANTEES,  INTEREST SUBSIDIES AND GRANTS TO BUSI-
   23  NESSES, MUNICIPALITIES, NOT-FOR-PROFIT CORPORATIONS OR LOCAL DEVELOPMENT
   24  CORPORATIONS FOR THE PURPOSE OF ATTRACTING,  MAINTAINING  OR  PERMITTING
   25  THE  EXPANSION  OF  FOOD RETAIL ESTABLISHMENTS IN UNDERSERVED AREAS. FOR
   26  PURPOSES OF THIS PARAGRAPH, "UNDERSERVED AREAS"  SHALL  INCLUDE  LOW  OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06275-05-2
       S. 7385                             2
    1  MODERATE-INCOME CENSUS TRACTS, AREAS OF BELOW AVERAGE SUPERMARKET DENSI-
    2  TY  OR  HAVING  A SUPERMARKET CUSTOMER BASE WITH MORE THAN FIFTY PERCENT
    3  LIVING IN LOW-INCOME CENSUS TRACTS, OR OTHER AREAS DEMONSTRATED TO  HAVE
    4  SIGNIFICANT  ACCESS LIMITATIONS DUE TO TRAVEL DISTANCE, AS DETERMINED BY
    5  THE CORPORATION, AND "FOOD RETAIL ESTABLISHMENTS" SHALL  INCLUDE  SUPER-
    6  MARKETS AND OTHER GROCERY RETAILERS THAT OPERATE ON A SELF-SERVICE BASIS
    7  AND  SELL A MINIMUM PERCENTAGE OF PRODUCE, MEAT, POULTRY, SEAFOOD, BAKED
    8  GOODS AND/OR DAIRY PRODUCTS AND WHICH:
    9    (I) PARTICIPATE IN THE PRIDE OF NEW YORK PROGRAM;
   10    (II) ACCEPT PAYMENT  FROM  ELECTRONIC  BENEFIT  TRANSFER  THROUGH  THE
   11  SUPPLEMENTAL  NUTRITION  ASSISTANCE  PROGRAM  AND  THROUGH  THE  SPECIAL
   12  SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN;
   13    (III) DO NOT CHARGE A MEMBERSHIP FEE; AND
   14    (IV) HIRE RESIDENTS LIVING WITHIN A TWENTY MILE RADIUS OF SUCH  RETAIL
   15  FOOD ESTABLISHMENT.
   16    S 4.  This act shall take effect on the first of April next succeeding
   17  the date on which it shall have become a law; provided, however that the
   18  urban  development  corporation  shall be immediately authorized to take
   19  any and all actions  necessary  to  fully  implement  the  provision  of
   20  section three of this act on or before such effective date; and provided
   21  further,  that  the  amendments to section 16-m of the urban development
   22  corporation act made by section three of this act shall not  affect  the
   23  expiration of such section and shall be deemed to expire therewith.