S T A T E   O F   N E W   Y O R K
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                                   7903
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 28, 2019
                                ___________
 
 Introduced  by M. of A. ORTIZ -- 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".
   § 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.
   § 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.
              

                                                            LBD02774-01-9

 A. 7903                             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.
   § 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.