Establishes the retail food stores in underserved areas task force

Summary of provisions

Section One sets forth the reasons for which to create the Task Force. The Legislature finds that the lack of access to healthy, nutritional, and affordable food makes it difficult for lower-income residents in underserved communities to maintain a nutrition and balanced diet, thus leading to negative impacts on public health and associated medical costs. Factors contributing to this lack of access include high land values and commercial rents, zoning restrictions, licensing and permitting delays, trucking and delivery expenses, and limited access to financing. The Task Force will serve to address the barriers to the establishment or expansion of food retailers in the area and how to better assist such businesses.

Section Two defines an underserved area.

Section Three states that the Governor shall convene the Task Force and that membership shall include representation from appropriate state agencies, including, but not limited to, the Departments of Agriculture and Markets, Empire State Development, Health, Taxation and Finance, Labor, the Office of Temporary Disability Assistance, and the State Liquor Authority, as well as representatives of the food retail industry, wholesale food industry, farmers, community development financial institutions that have worked to recruit food retailers to underserved areas, and local governments including cities, towns, villages, and counties. The Task Force will assess issues relating to local zoning rules and their application to retail food business; assess issues related to local, state, and federal licensing and permits required to open a retail food business; identify statutory, regulatory, and administrative changes to streamline and simplify government approvals necessary; and review existing guidance information related to government requirements necessary.

Section Four requires the Task Force to issue its findings in the form of a report to the Governor, Speaker of the Assembly, and Majority Leader of the Senate by February 1, 2017.

Section Five sets forth the effective date.

Justification

Access to healthy foods in underserved communities across New York State is a growing concern. The barriers to opening and maintaining a full service supermarket or other retail food business are significant

and have led to limited access to healthy foods in many communities. This is a problem in both urban and rural areas of New York due to higher prices for healthier food or increased expenditures for transportation to access these foods. Supermarkets or other food retail establishments struggle to open given high land values and commercial rents, zoning restrictions, licensing and permitting delays, trucking and delivery expenses, limited access to financing, and other economic pressures. Supermarkets or food retail establishments have closed in many communities due to these pressures or are unable to open, despite a need in the community.

Additionally, some supermarkets have opened in underserved areas, only to find the process of approval for the Women, Infants, and Children (WIC) nutrition program and Supplemental Nutrition Assistance Program (SNAP) to be lengthy, thus leading to frustration not only for the supermarket owners and operators, but for the community who depends on these programs as well. The process to obtain all the appropriate local, state, and federal licenses and permits can be cumbersome for food retail businesses, and it is necessary to evaluate ways in which this process could be streamlined.

The Retail Food Stores in Underserved Areas Task Force would serve to identify and evaluate these barriers and seek means to better assist food retail businesses in navigating the path to establishment. By assisting these businesses, underserved communities will gain access to more affordable and nutritious foods, which will not only improve their quality of life, but also limit negative impacts on public health and associated medical costs. Further, potential opportunities for farmers to expand market opportunities by selling locally-grown or produced food products will be identified, thus benefitting our agricultural industry as well.

Legislative history

New bill.

Fiscal implications

Undetermined.

Effective date

Immediately.