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A08692 Summary:

BILL NOA08692
 
SAME ASSAME AS S06017
 
SPONSORStirpe
 
COSPNSR
 
MLTSPNSR
 
Amd §16-m, UDC Act
 
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.
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A08692 Actions:

BILL NOA08692
 
05/29/2025referred to economic development
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A08692 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8692
 
SPONSOR: Stirpe
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: To promote public health and nutrition by authorizing assistance for the establishment or retention of food retail establishments selling fresh food in underserved communities.   SUMMARY OF PROVISIONS: Section 1. Short title. This act shall be known as the "Food Retail Establishment Subsidization for Healthy Communities Act." Section 2. Legislative intent. The legislature finds that the lack of access to fresh foods is a problem of growing concern in many communi- ties across the state and a contributing factor to a number of problems ranging from malnutrition and obesity to increased public health care costs and limited economic opportunities for farmers in the state. Section 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 corporation act, is amended by adding a new paragraph (0). The new paragraph includes provisions for loans, loan guarantees, inter- est 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. For purposes of this paragraph, "underserved areas" shall include low or moderate-income census tracts areas of below average supermarket density or having supermarket custom- er 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 supermarkets, 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 New York grown and certified program (ii) accept payment from electronic benefit transfer through the supple- mental 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. Section 4. Establishes the effective date.   JUSTIFICATION: Development pressures in New York's urban areas, increased consolidation of the retail industry and other socioeconomic factors have led to a decline in the number of supermarkets and other retail outlets selling fresh foods The lack of sufficient access to retailers offering fresh food choices in urban areas is a growing problem nationally and increas- ingly a contributing factor to increased rates of obesity, diabetes and other nutrition-related health concerns. Our neighboring state of Pennsylvania has responded by enacting a First Industries Program that provides grants, loans, and loan guarantees to provide financial assistance to urban and rural supermarkets in under- served communities. Ensuring an adequate number of outlets for fresh produce, dairy products, meat, poultry, seafood and bakery items will not only benefit the residents of currently underserved communities but will also benefit local and regional growers and processors. In addition, the bill would reduce energy expenditure and greenhouse gas emissions by encouraging reliance on less processed food and reducing the need for long-distance transportation. Retail establishments that participate in this program will be required to accept payment from electronic benefit transfer through the Supplemental Nutrition Assist- ance Program, do not charge a membership fee, and hire residents living within a twenty-mile radius of their business.   PRIOR LEGISLATIVE HISTORY: 2023-24: S3546 Passed Senate, Passed Assembly, Vetoed by Governor   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Undetermined.   EFFECTIVE DATE: 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 provisions 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.
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A08692 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8692
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 29, 2025
                                       ___________
 
        Introduced by M. of A. STIRPE -- 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:
 
     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    § 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    §  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 (p) to read as follows:
    22    (p)  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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09510-01-5

        A. 8692                             2
 
     1  the  expansion  of food retail establishments in underserved areas.  The
     2  corporation shall consider the economic viability of the project and the
     3  potential impact on the community when evaluating applications for  such
     4  loans,  loan  guarantees, interest subsidies and grants. The corporation
     5  shall establish performance indicators to assess  the  progress  of  the
     6  projects receiving monies pursuant to the authorization provided in this
     7  paragraph,  and  track and publish this information on its website.  For
     8  purposes of this paragraph, "underserved areas"  shall  include  low  or
     9  moderate-income census tracts, areas of below average supermarket densi-
    10  ty  or  having  a supermarket customer base with more than fifty percent
    11  living in low-income census tracts, or other areas demonstrated to  have
    12  significant  access limitations due to travel distance, as determined by
    13  the corporation, and "food retail establishments" shall  include  super-
    14  markets and other grocery retailers that operate on a self-service basis
    15  and  sell  a  minimum  percentage,  as determined by the corporation, of
    16  produce, meat, poultry, seafood, baked goods and/or dairy  products  and
    17  which:
    18    (i) participate in the New York grown and certified program;
    19    (ii)  accept  payment  from  electronic  benefit  transfer through the
    20  supplemental  nutrition  assistance  program  and  through  the  special
    21  supplemental nutrition program for women, infants, and children;
    22    (iii) do not charge a membership fee; and
    23    (iv)  hire residents living within a twenty mile radius of such retail
    24  food establishment.
    25    § 4.  This act shall take effect on the first of April next succeeding
    26  the date on which it shall have become a law; provided, however that the
    27  urban development corporation shall be immediately  authorized  to  take
    28  any  and  all  actions  necessary  to  fully  implement the provision of
    29  section three of this act on or before such effective date; and provided
    30  further, that the amendments to section 16-m of  the  urban  development
    31  corporation  act  made by section three of this act shall not affect the
    32  expiration of such section and shall be deemed to expire therewith.
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