Bill Text: NY A01319 | 2011-2012 | General Assembly | Introduced
Bill Title: Establishes the urban and regional farmers' markets facilities construction program; defines related terms and regulates grants and financing; establishes revolving loan and loan guarantee fund.
Spectrum: Moderate Partisan Bill (Democrat 11-2)
Status: (Introduced - Dead) 2012-06-13 - reported referred to rules [A01319 Detail]
Download: New_York-2011-A01319-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1319
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. McENENY, CANESTRARI, JACOBS, DESTITO, REILLY,
PERRY, GOTTFRIED -- Multi-Sponsored by -- M. of A. AMEDORE, CLARK,
COOK, GALEF, KOLB, MAGEE -- read once and referred to the Committee on
Economic Development, Job Creation, Commerce and Industry
AN ACT to amend the New York state urban development corporation act, in
relation to the planning and development of urban and regional farm-
ers' markets facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 16-n of section 1 of chapter 174 of the laws of
2 1968, constituting the New York state urban development corporation act,
3 as added by chapter 428 of the laws of 2006, is renumbered section 16-u.
4 S 2. Section 1 of chapter 174 of the laws of 1968, constituting the
5 New York state urban development corporation act, is amended by adding a
6 new section 16-v to read as follows:
7 S 16-V. URBAN AND REGIONAL FARMERS' MARKETS FACILITIES CONSTRUCTION
8 PROGRAM. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION:
9 (A) "URBAN OR REGIONAL FARMERS' MARKET CONSTRUCTION PROJECT" SHALL
10 MEAN A PROJECT FOR THE ESTABLISHMENT, EXPANSION AND DEVELOPMENT OF A
11 YEAR-ROUND URBAN OR REGIONAL FARMERS' MARKET PRIMARILY LEASING SPACE TO
12 FARMERS, FARMER/PROCESSORS AND CRAFT BUSINESSES FROM WITHIN THE REGION
13 OF THE GREENMARKET TO SELL DIRECTLY TO CUSTOMERS.
14 (B) "NOT-FOR-PROFIT CORPORATION" SHALL MEAN AGRICULTURAL COOPERATIVES,
15 REGIONAL MARKET AUTHORITIES, CORPORATION BUSINESS IMPROVEMENT DISTRICTS
16 AND REGIONAL AND COMMUNITY DEVELOPMENT ORGANIZATIONS ORGANIZED UNDER THE
17 PROVISIONS OF THE NOT-FOR-PROFIT CORPORATION LAW OR OTHER STATE LAW
18 PROVIDING FOR NONPROFIT CORPORATIONS.
19 (C) "HIGHLY DISTRESSED" SHALL HAVE THE SAME MEANING AS PROVIDED FOR IN
20 SECTION SIXTEEN-D OF THIS ACT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02076-01-1
A. 1319 2
1 (D) "ECONOMICALLY DISTRESSED AREAS" SHALL HAVE THE SAME MEANING AS
2 PROVIDED FOR IN SECTION SIXTEEN-D OF THIS ACT.
3 2. THE CORPORATION SHALL, FROM APPROPRIATIONS MADE AVAILABLE FOR THE
4 PURPOSE, ESTABLISH AN URBAN AND REGIONAL FARMERS' MARKETS FACILITIES
5 CONSTRUCTION PROGRAM WHICH SHALL OFFER CONSTRUCTION GRANTS PURSUANT TO
6 PARAGRAPHS (A) AND (B) OF SUBDIVISION 3 OF THIS SECTION AND REVOLVING
7 LOANS AND LOAN GUARANTEES PURSUANT TO PARAGRAPHS (C) AND (D) OF SUBDIVI-
8 SION 3 OF THIS SECTION.
9 3. TO THE EXTENT THAT MONIES ARE APPROPRIATED FOR THE URBAN AND
10 REGIONAL FARMERS' MARKETS FACILITIES CONSTRUCTION PROGRAM, THE CORPO-
11 RATION SHALL PROVIDE FINANCING FOR URBAN OR REGIONAL FARMERS' MARKET
12 FACILITIES CONSTRUCTION PROJECTS FOR THE ESTABLISHMENT, EXPANSION AND
13 DEVELOPMENT OF URBAN AND REGIONAL FARMERS' MARKETS FACILITIES WHICH ARE
14 INTENDED TO SERVE THE NEEDS OF THE REGIONAL AGRICULTURAL COMMUNITY AND
15 THE COMMUNITY REVITALIZATION OF THE HOST CITY. THE CORPORATION, IN
16 CONSULTATION WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT, SHALL DEVELOP
17 A JOINT REQUEST FOR APPLICATIONS WITH THE DEPARTMENT OF AGRICULTURE AND
18 MARKETS' COMMENTS ON SOLICITING POTENTIAL APPLICANTS SEEKING ASSISTANCE
19 FOR THE DEVELOPMENT OF URBAN AND REGIONAL FARMERS' MARKETS FACILITIES.
20 AN APPLICANT MUST BE A NOT-FOR-PROFIT CORPORATION, MUNICIPAL CORPORATION
21 OR PUBLIC BENEFIT CORPORATION. IN DETERMINING AWARD RECIPIENTS, THE
22 CORPORATION SHALL CONSIDER, AMONG OTHER FACTORS, THE DEPARTMENT OF AGRI-
23 CULTURE AND MARKETS' COMMENTS ON THE APPLICATIONS. SUCH FINANCING SHALL
24 CONSIST OF GRANTS, REVOLVING LOANS AND LOAN GUARANTEES FOR THE ESTAB-
25 LISHMENT, EXPANSION, AND DEVELOPMENT OF URBAN AND REGIONAL FARMERS'
26 MARKETS FACILITIES.
27 (A) GRANTS SHALL BE USED FOR GENERAL PROJECT DEVELOPMENT COSTS,
28 INCLUDING, BUT NOT LIMITED TO:
29 (I) THE ACQUISITION, DESIGN, CONSTRUCTION, IMPROVEMENT OR RENOVATION
30 OF THE SITE; AND
31 (II) THE PURCHASE OF NECESSARY EQUIPMENT.
32 (B) FOR THE PURPOSES OF THIS SUBDIVISION GRANTS SHALL NOT EXCEED
33 EIGHTY PERCENT OF THE TOTAL PROJECT COST IN HIGHLY DISTRESSED COMMUNI-
34 TIES; SHALL NOT EXCEED SEVENTY PERCENT OF THE TOTAL PROJECT COST IN
35 ECONOMICALLY DISTRESSED AREAS; AND SHALL NOT EXCEED SIXTY PERCENT OF THE
36 TOTAL PROJECT COST IN NON-ECONOMICALLY DISTRESSED AREAS.
37 (C) URBAN AND REGIONAL FARMERS' MARKET FACILITY CONSTRUCTION REVOLVING
38 LOAN AND LOAN GUARANTEES. THE CORPORATION SHALL PROVIDE REVOLVING LOANS
39 AND LOAN GUARANTEES FOR THE ESTABLISHMENT BY NOT-FOR-PROFIT CORPO-
40 RATIONS, MUNICIPAL CORPORATIONS OR PUBLIC BENEFIT CORPORATIONS OF URBAN
41 AND REGIONAL FARMERS' MARKET FACILITIES. SUCH REVOLVING LOANS AND LOAN
42 GUARANTEES SHALL BE FOR CONSTRUCTION COSTS, INCLUDING, BUT NOT LIMITED
43 TO THE DESIGN, CONSTRUCTION, IMPROVEMENT OR RENOVATION AND MAY INCLUDE
44 INTERIM FINANCING.
45 (D) URBAN AND REGIONAL FARMERS' MARKET FACILITY CONSTRUCTION REVOLVING
46 LOAN AND LOAN GUARANTEE FUND. FOR THE PURPOSES OF THIS SUBDIVISION, THE
47 CORPORATION SHALL ESTABLISH AN URBAN AND REGIONAL FARMERS' MARKET FACIL-
48 ITY CONSTRUCTION REVOLVING LOAN AND LOAN GUARANTEE FUND ACCOUNT. THE
49 CORPORATION SHALL DETERMINE THE TERMS AND INTEREST RATES OF SUCH LOANS
50 TO NOT-FOR-PROFIT CORPORATIONS, MUNICIPAL CORPORATIONS OR PUBLIC BENEFIT
51 CORPORATIONS, EXCEPT THAT NO LOAN SHALL EXCEED EIGHTY PERCENT OF THE
52 TOTAL PROJECT COST IN HIGHLY DISTRESSED COMMUNITIES; SEVENTY PERCENT OF
53 THE TOTAL PROJECT COST IN ECONOMICALLY DISTRESSED AREAS; AND SIXTY
54 PERCENT OF THE TOTAL PROJECT COST IN NON-ECONOMICALLY DISTRESSED AREAS.
55 IN INSTANCES WHERE AN OTHERWISE QUALIFIED APPLICANT LACKS EQUITY IN A
56 PROJECT, EQUITY PARTICIPATION MAY INCLUDE ANY COMMITMENT FOR GRANTS.
A. 1319 3
1 PAYMENTS CONSISTING OF THE REPAYMENT OF THE PRINCIPAL AMOUNT OF THE LOAN
2 AND INTEREST SHALL BE DEPOSITED BY THE CORPORATION INTO THE URBAN AND
3 REGIONAL FARMERS' MARKET FACILITY CONSTRUCTION REVOLVING LOAN FUND
4 ACCOUNT FROM WHICH THE LOAN WAS MADE.
5 4. FINANCING FOR URBAN AND REGIONAL FARMERS' MARKETS FACILITIES
6 CONSTRUCTION PROJECTS AUTHORIZED PURSUANT TO THIS SUBDIVISION, SHALL
7 ONLY BE MADE UPON A DETERMINATION BY THE CORPORATION, IN CONSULTATION
8 WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT, AND THE DEPARTMENT OF AGRI-
9 CULTURE AND MARKETS THAT SUCH A FACILITY WILL IMPROVE THE AGRICULTURAL
10 AND URBAN ECONOMIES. SUCH REVOLVING LOANS, LOAN GUARANTEES AND GRANTS
11 SHALL ONLY BE MADE FOR FACILITIES WHERE THERE ARE INADEQUATE AGRICUL-
12 TURAL DIRECT MARKETING FACILITIES. SUCH CENTERS SHALL DEMONSTRATE THE
13 POTENTIAL TO OBTAIN, FROM APPROPRIATE GOVERNMENTAL AGENCIES, ALL NECES-
14 SARY APPROVALS, LICENSES, AND OTHER SUPPORTS REQUIRED TO OPERATE THE
15 FACILITY.
16 S 3. This act shall take effect immediately.
