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

                                  5806

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 3, 2015
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN  ACT  to  establish  the retail food stores in underserved areas task
  force

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Legislative intent. The legislature finds that the lack of
access to healthy foods is a problem of growing concern in many communi-
ties across the state. High land values  and  commercial  rents,  zoning
restrictions,  licensing  and  permitting  delays, trucking and delivery
expenses, limited access to financing, and other economic pressures have
left many lower-income residents in urban and rural areas underserved by
full service supermarkets and  other  food  retail  establishments.  The
resulting lack of access to affordable and nutritious food makes it more
difficult  and expensive for these residents to maintain a nutritionally
balanced diet which negatively impacts public health and increases asso-
ciated medical costs. Lack of access not only results in  higher  prices
for healthy foods, but also increased expenditures for transportation by
those  already  living  on limited incomes. The wholesale food available
for sale to existing  retailers  in  underserved  communities  is  often
imported from outside the state and this reduces potential opportunities
for the state's farmers to sell locally-grown or produced food products.
Retailers who seek to open a business in underserved areas face an array
of  federal,  state, and local laws and regulations and the accompanying
approvals, permits, and fees which are necessary for the  protection  of
the  public.  To address the lack of healthy food and retail stores that
can provide it there is a need for a task force to identify barriers  to
the  establishment or expansion of food retailers in these areas and how
to better assist such businesses in navigating the  path  to  establish-
ment.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11222-01-5

              

S. 5806                             2

  S  2. For the purposes of this act an underserved area is defined as a
low- or moderate-income census tract, an area of below average supermar-
ket density, or an area having a supermarket  customer  base  with  more
than 50 percent living in a low-income census tract.
  S  3. The retail food stores in underserved areas task force is hereby
established. 1. The governor shall convene  a  task  force  to  identify
barriers to start-up or expansion by food retailers in underserved areas
of  the state and how to better assist such businesses in getting neces-
sary approvals for successful operation.
  2. The membership of the task force shall include representation  from
appropriate  state  agencies  including, but not limited to, the depart-
ments of agriculture and markets, health, taxation and  finance,  labor,
the  empire  state  development corporation, the office of temporary and
disability assistance, and the state  liquor  authority.  Members  shall
also  include, but not be limited to, representatives of the retail food
industry, wholesale food industry, farmers, community development finan-
cial institutions that have worked to recruit food retailers  to  under-
served areas, and local governments including cities, town, villages and
counties. The role of the task force includes, but is not limited to:
  (a)  Assessing issues relating to the impact of local zoning rules and
their application to retail  food  business  start-up  or  expansion  in
underserved areas including the time periods for securing approvals.
  (b)  Assessing  issues  relating to state, local and federal licensing
and permits required to open a full service supermarket or other  retail
food  business  in  underserved areas, including approval for the Women,
Infants, and Children (WIC) nutrition program and Supplemental Nutrition
Assistance Program (SNAP).
  (c) Identifying statutory, regulatory and  administrative  changes  to
streamline  and simplify government approvals necessary for the success-
ful establishment of retail food businesses in underserved  areas  in  a
manner that would increase the number of such businesses in such areas.
  (d)  Reviewing  existing  guidance  information  related to government
requirements necessary for retail food business operation to ensure that
such information is accurate and  up-to-date  and  clearly  communicates
what is required.
  S  4. The task force shall issue its findings, in the form of a report
to the governor, the speaker of the assembly, and the majority leader of
the senate, no later than February 1, 2017.
  S 5. This act shall take effect immediately.