S T A T E   O F   N E W   Y O R K
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                                  2483

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2013
                               ___________

Introduced by M. of A. GIBSON -- read once and referred to the Committee
  on Economic Development

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".
  S 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.
  S  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 (o) to read as follows:
  (O)  LOANS,  LOAN  GUARANTEES,  INTEREST SUBSIDIES AND GRANTS TO BUSI-
NESSES, MUNICIPALITIES, NOT-FOR-PROFIT CORPORATIONS OR LOCAL DEVELOPMENT
CORPORATIONS FOR THE PURPOSE OF ATTRACTING,  MAINTAINING  OR  PERMITTING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03739-01-3
              

A. 2483                             2

THE  EXPANSION  OF  FOOD RETAIL ESTABLISHMENTS IN UNDERSERVED AREAS. 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 OF PRODUCE, MEAT, POULTRY, SEAFOOD, BAKED
GOODS AND/OR DAIRY PRODUCTS AND WHICH:
  (I) PARTICIPATE IN THE PRIDE OF NEW YORK 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.
  S 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.