§ 262. State aid for farmers' markets. 1. There is hereby created
within the department a program of grants for the purpose of providing
state assistance for farmer's markets. In administering such program,
the commissioner, to the extent feasible, shall ensure an equitable
distribution of awards to rural areas and other areas of the state.
State assistance provided pursuant to this section may be awarded for:

(a) the construction, reconstruction, improvement, expansion or
rehabilitation of farmers' markets. Grants provided pursuant to this
paragraph shall not exceed the lesser of fifty percent of project cost
or fifty thousand dollars per project in any fiscal year.

(b) the purpose of providing promotional support for farmer's markets.
Grants provided pursuant to this paragraph shall not exceed the lesser
of fifty percent of project cost or seven thousand five hundred dollars
per applicant in any fiscal year.

(c) equipment costs associated with improving farmers' market
functions, including but not limited to expanding access to electronic
benefit transfer technology for farmers' markets and other
non-traditional food access points in food deserts in the state.

2. Any municipal corporation, regional market authority, public
benefit corporation, not-for-profit corporation or agricultural
cooperative organized pursuant to the cooperative corporations law, may
submit an application for state assistance for the construction,
reconstruction, improvement, expansion or rehabilitation of a farmers'
market under their control including assistance for engineering or
architectural designs for new or reconstructed facilities, and for
providing promotional support for farmers' markets.

3. The commissioner may approve or disapprove any application made
pursuant to this section, and shall consider the following in his
decision:

a. the relative impact of the proposed farmers' market project on the
economy of the area to be served;

b. the anticipated level of municipal and local participation in the
project;

c. the extent to which New York farmers would benefit, through the
direct sale of farm and food products;

d. the geographic distribution of monies appropriated for state
assistance for farmers' markets; and

e. the anticipated quantity of non-farm jobs which would be created
and retained due to the proposed project.

4. In administering the provisions of this section, the commissioner:

a. may in the name of the state, contract to make, within the
limitations of appropriations available therefor, state grants
representing the state share of the costs of projects approved and to be
undertaken pursuant to this section;

b. shall examine vouchers for the payment of assistance pursuant to an
approved contract and shall forward approved vouchers to the state
comptroller. All such payments shall be paid on the audit and warrant of
the state comptroller; and

c. may perform such other and further acts and promulgate such rules
and regulations as may be necessary, proper or desirable to carry out
the provisions of this section.