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A03954 Summary:

COSPNSRLupardo, Galef
Amd §16, Ag & Mkts L; amd §180-a, Ec Dev L
Enacts the local food, farms, and jobs act; relates to the procurement of locally grown farm and food products; sets goals for levels of procurement by state agencies; creates the New York state council on food policy.
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A03954 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2021
        Introduced  by M. of A. THIELE, LUPARDO -- read once and referred to the
          Committee  on  Agriculture  --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          recommitted to the Committee on Agriculture in accordance with  Assem-
          bly  Rule  3,  sec.  2  -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the agriculture and markets law and the economic  devel-
          opment  law,  in  relation to locally grown farm and food products and
          codifying the New York state council on food policy
          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 "local food, farms, and jobs act".
     3    § 2. Section 16 of the agriculture  and  markets  law  is  amended  by
     4  adding a new subdivision 6-a to read as follows:
     5    6-a.  Establish  a New York state council on food policy.  The purpose
     6  of the council shall be to develop comprehensive, coordinated state food
     7  policies with the goal of:  ensuring that all citizens of the state  are
     8  able to eat a healthy diet and avoid food insecurity while consuming New
     9  York  grown  and  produced  foods as much as possible. The council shall
    10  work to: support and facilitate the growth of  a  New  York-based  local
    11  farm and food product economy that revitalizes rural, suburban and urban
    12  communities,  creates jobs, and supports economic growth through promot-
    13  ing and developing local farm and food businesses and their products and
    14  helps to make them more available to New  York  residents;  and  promote
    15  healthy  eating  through  a  plentiful, accessible, affordable, safe and
    16  nutritious food supply with access  to  fresh  and  minimally  processed
    17  foods  including a readily available supply of such food during emergen-
    18  cies.

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

        A. 3954--B                          2
     1    (a) The responsibilities of the council shall  include,  but  are  not
     2  limited  to,  developing  and recommending policies and plans to achieve
     3  the following:
     4    (i)  a  food  policy  for the state which recognizes that it is in the
     5  best interests of the state to ensure the availability  of  an  adequate
     6  supply of affordable, fresh and nutritious food to its residents;
     7    (ii)  state policies to expand agricultural production and processing,
     8  including locally-grown and organically-grown food;
     9    (iii) a strategic plan for implementation of the  state  food  policy,
    10  including  benchmarks  and  criteria for measuring progress in achieving
    11  state food policy objectives;
    12    (iv) offer comments  on  state  regulations,  legislation  and  budget
    13  proposals  in  the  area  of  food  policy,  to ensure a coordinated and
    14  comprehensive inter-agency approach to food policy issues;
    15    (v) assist state agencies, state-owned facilities, and other  entities
    16  with  the  purchase of local farm or food products and with tracking and
    17  reporting of such purchases in order to meet the  goals  established  in
    18  this section;
    19    (vi)  assist local farm and food businesses to succeed and grow, espe-
    20  cially beginning and new owners and those historically  underrepresented
    21  or  marginalized  in  agriculture  or the food industry, to identify and
    22  secure necessary resources and equipment to begin, maintain, and  expand
    23  projects  and  networks  necessary  for the development of local farm or
    24  food products;
    25    (vii) facilitate the building of infrastructure,  including,  but  not
    26  limited  to,  aggregation, processing, storage, packaging, distribution,
    27  and marketing facilities necessary to move local farm or  food  products
    28  to local and other markets;
    29    (viii)  support  and  expand programs that recruit, train, and provide
    30  technical assistance to New York farmers, food producers, food  process-
    31  ors and residents in order to encourage the production and processing of
    32  local farm or food products;
    33    (ix)  coordinate  interagency  policies,  initiatives,  and procedures
    34  promoting local farm and food products in New York communities, by work-
    35  ing with and involving state, federal, and local agencies,  as  well  as
    36  community  based  organizations,  educational  institutions,  and  trade
    37  organizations in executing the purposes of this section;
    38    (x) eliminate statutory and legal barriers hindering  the  development
    39  of  a  local  farm  and food economy by working with federal, state, and
    40  local agencies,  other  agencies  and  applicable  entities,  to  create
    41  consistent  and  compatible  regulations for the production, processing,
    42  storage, distribution, and marketing of local farm or food products;
    43    (xi) facilitate the use of public lands for growing local farm or food
    44  products by working with governmental entities at the local, state,  and
    45  federal levels;
    46    (xii)  set  annual  goals  for  all  purchases  of  local farm or food
    47  products by New York residents and to monitor the development and expan-
    48  sion of a local farm and food economy through data collection, tracking,
    49  measurement, analysis, and reporting  on  progress  made  in  an  annual
    50  report to the legislature; and
    51    (xiii)  initiate  and  facilitate public awareness campaigns about the
    52  economic benefits of a local farm and food economy.
    53    (b) (i) The council  shall  consist  of  thirteen  voting  members  as
    54  follows:  six  members with experience and expertise related to agricul-
    55  ture, nutrition, food insecurity or food policy appointed on the  recom-
    56  mendation  of  the legislative leaders, two each by the temporary presi-

        A. 3954--B                          3
     1  dent of the senate and the speaker of the assembly, and one each by  the
     2  minority  leader of the senate, and the minority leader of the assembly;
     3  the dean of the New York state college of agriculture and life sciences;
     4  and six members shall be appointed by the governor.
     5    (ii)  The  council  shall  consult on a regular basis with an advisory
     6  board consisting of: the commissioner, the commissioner of  health,  the
     7  commissioner  of  the office of temporary and disability assistance, the
     8  commissioner of the office of children and family services, the  commis-
     9  sioner  of  education,  the  commissioner  of the department of economic
    10  development, the commissioner of the department of environmental conser-
    11  vation, the director of the office for the aging, the  director  of  the
    12  office of general services, and eight members appointed by the governor.
    13    (c)  (i)  The  six council members selected by the legislative leaders
    14  shall be appointed to three-year staggered terms as  determined  by  the
    15  legislature. Such persons may be nominated by organizations representing
    16  the  sectors  outlined  in paragraph (b) of this subdivision.  Vacancies
    17  shall be filled by the legislative leaders.
    18    (ii) The six council members selected by the governor and the dean  of
    19  the  New  York  state  college of agriculture and life sciences shall be
    20  appointed to three-year staggered terms as determined by the governor.
    21    (iii) The members of the advisory board shall be appointed  to  three-
    22  year  staggered  terms as determined by the governor. Such persons shall
    23  be nominated by organizations representing the sectors outlined in para-
    24  graph (b) of this subdivision. Vacancies shall be filled by  the  gover-
    25  nor.
    26    (d)  The  board  of  directors shall elect its presiding officers from
    27  among its members and may elect or appoint an executive committee, other
    28  committees, and subcommittees to conduct the business of  the  organiza-
    29  tion.
    30    (e)  The  council  shall  issue  a  written report on the first day of
    31  December each year on: (i) the activities  of  the  council  during  the
    32  preceding  year;  (ii)  recommended  food  policies for the state; (iii)
    33  recommended changes to the  strategic  plan;  (iv)  an  account  of  the
    34  progress  made  in  achieving  the goals of the council; and (v) actions
    35  which are necessary to implement the recommendations of the council  and
    36  effectuate its purposes.
    37    (f) The state governmental agencies represented on the board of direc-
    38  tors  may  re-direct existing staff, as appropriations permit; assist in
    39  executing the purposes of this subdivision; and  provide  office  space,
    40  meeting  space,  and other research and communication services as appro-
    41  priate.
    42    (g) No member of the council shall be disqualified  from  holding  any
    43  public office or employment, nor shall he or she forfeit any such office
    44  or  employment by virtue of his or her appointment hereunder. Members of
    45  the council shall receive no compensation for their services  but  shall
    46  be  allowed their actual and necessary expenses incurred in the perform-
    47  ance of their functions hereunder. All  members  of  the  council  shall
    48  serve  at  the pleasure of the governor and vacancies shall be filled in
    49  the same manner as original appointments.
    50    § 3. Subdivision 52 of section 16 of the agriculture and markets  law,
    51  as  added  by  chapter  751  of  the laws of 2021, is amended to read as
    52  follows:
    53    52. Develop and  maintain,  in  cooperation  with  the  department  of
    54  economic  development  and  urban  development  corporation,  a publicly
    55  available searchable database of New York state farms and farm products.
    56  The database shall include all farms located within the state and  shall

        A. 3954--B                          4
     1  list  the  products  available  for purchase and contact information for
     2  each farm, unless a farm opts out of being included in the  database  by
     3  notifying  the  department of such option.  The department shall provide
     4  farms  with the ability to signify that they are interested in supplying
     5  schools on the directory. The department shall provide easily accessible
     6  electronic access to the database on the department's website and  shall
     7  update the database at least every two years.  The department shall seek
     8  cooperation  and  coordination  of the directory with the New York state
     9  council on food policy and the New York  state  land  grant  university,
    10  where  necessary  information  overlaps.  The department may utilize any
    11  directories that exist or are in progress.
    12    § 4. Subdivisions 8 and 9 of section 180-a of the economic development
    13  law, as added by chapter 550 of the laws of 1999, are amended to read as
    14  follows:
    15    8. geographically balanced public input and  advice  from  individuals
    16  and agencies directly involved with the production, processing, manufac-
    17  turing  and storage of agricultural products; and such other individuals
    18  and agencies as may be engaged in state and local activities in  support
    19  of economic development in the agriculture resource industry; [and]
    20    9.  the  establishment  and  purposes of the New York state council on
    21  food policy established pursuant to subdivision six-a of section sixteen
    22  of the agriculture and markets law; and
    23    10. all things necessary or convenient to  carry  out  the  functions,
    24  powers and duties expressly set forth in this article.
    25    §  5. This act shall take effect immediately; provided that if chapter
    26  751 of the laws of 2021 shall not have taken effect on  or  before  such
    27  date  then section  three of this act shall take effect on the same date
    28  and in the same manner as such chapter of the laws of 2021 takes effect.
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