Bill Text: NY A04166 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend chapter 174 of the laws of 1968 constituting the New York state urban development corporation act, in relation to kitchen incubator/shared-use kitchen facilities
Spectrum: Partisan Bill (Democrat 21-0)
Status: (Vetoed) 2009-07-22 - tabled [A04166 Detail]
Download: New_York-2009-A04166-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4166
2009-2010 Regular Sessions
I N A S S E M B L Y
January 30, 2009
___________
Introduced by M. of A. COOK, ORTIZ, MORELLE, JACOBS, GREENE, COLTON,
SCHROEDER, ALESSI, LUPARDO -- Multi-Sponsored by -- M. of A. CLARK,
GANTT, GOTTFRIED, HOOPER, MAGEE, MILLMAN, RAMOS, J. RIVERA, SCARBOR-
OUGH, TOWNS, WRIGHT -- read once and referred to the Committee on
Small Business
AN ACT to amend chapter 174 of the laws of 1968 constituting the New
York state urban development corporation act, in relation to kitchen
incubator/shared-use kitchen facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 1 of chapter 174 of the laws of 1968, constituting
2 the New York state urban development corporation act, is amended by
3 adding a new section 16-t to read as follows:
4 S 16-T. SMALL BUSINESS KITCHEN INCUBATOR/SHARED-USE KITCHEN PROGRAM.
5 1. THERE IS HEREBY ESTABLISHED WITHIN THE CORPORATION A SMALL BUSINESS
6 KITCHEN INCUBATOR/SHARED-USE KITCHEN PROGRAM. THE CORPORATION IS AUTHOR-
7 IZED WITHIN AVAILABLE APPROPRIATIONS TO AWARD GRANTS, ON A COMPETITIVE
8 BASIS IN RESPONSE TO REQUEST-FOR-PROPOSALS, TO LOCAL DEVELOPMENT CORPO-
9 RATIONS, MUNICIPALITIES, EDUCATIONAL INSTITUTIONS, AND OTHER
10 NOT-FOR-PROFIT ORGANIZATIONS FOR THE COSTS INVOLVED IN STARTING OR
11 EXPANDING A KITCHEN INCUBATOR/SHARED-USE KITCHEN FACILITY. SUCH GRANTS
12 MAY BE USED FOR THE CONSTRUCTION OR REHABILITATION OF SUCH FACILITY,
13 PURCHASE OF EQUIPMENT, TRAINING, TECHNICAL ASSISTANCE, AND OTHER
14 PURPOSES NECESSARY FOR THE SUCCESSFUL DEVELOPMENT OR EXPANSION OF A
15 KITCHEN INCUBATOR/SHARED-USE KITCHEN FACILITY. KITCHEN
16 INCUBATOR/SHARED-USE KITCHEN FACILITIES SHALL BE FOOD PROCESSING OR
17 PREPARATION FACILITIES THAT ARE OPERATED BY NOT-FOR-PROFIT CORPORATIONS
18 OR GOVERNMENT AGENCIES AND USED PRIMARILY BY SMALL AND EMERGING BUSI-
19 NESSES, INCLUDING BOTH FULL-TIME FACILITY TENANTS AND BUSINESSES THAT
20 RENT SPACE ON A TEMPORARY BASIS. THESE FACILITIES MUST BE LICENSED OR
21 CERTIFIED BY APPROPRIATE STATE AND FEDERAL FOOD SAFETY AGENCIES. THEY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01258-01-9
A. 4166 2
1 MUST PROVIDE OR MAKE AVAILABLE FOR FACILITY BUSINESSES: LOW-COST SPACE,
2 BELOW CURRENT MARKET VALUE IN THE AREA THE FACILITY SERVES; AND SUPPORT
3 SERVICES, INCLUDING BUT NOT LIMITED TO, BUSINESS PLANNING, MANAGEMENT
4 ASSISTANCE, FINANCIAL PACKAGING, LINKAGES TO FINANCING SOURCES, AND
5 COORDINATION WITH OTHER SOURCES OF TRAINING AND ASSISTANCE. THEY MAY
6 PROVIDE OR MAKE AVAILABLE FOR FACILITY BUSINESSES, SERVICES SUCH AS FOOD
7 PRODUCTION OR PROCESSING TECHNICAL ASSISTANCE, MARKETING, DISTRIBUTION,
8 PURCHASING, STORAGE, PACKING, INSURANCE, ON-SITE RETAILING OR OTHER
9 SERVICES.
10 2. PROJECT PLANS. APPLICANTS FOR GRANTS MUST PROVIDE A MANAGEMENT
11 PLAN AND A BUSINESS PLAN FOR OPERATING THE KITCHEN INCUBATOR/SHARED-USE
12 KITCHEN FACILITY WHICH DEMONSTRATES TO THE SATISFACTION OF THE CORPO-
13 RATION: (I) LOCAL BUSINESS INTEREST IN A NEW OR EXPANDED FACILITY,
14 INCLUDING THE FOOD PROCESSING NEEDS OF EXISTING AND POTENTIAL FOOD BUSI-
15 NESSES; (II) THE APPLICANT'S ABILITY TO DELIVER SERVICES AND ASSISTANCE
16 AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, INCLUDING A DESCRIPTION
17 OF HOW SUCH ASSISTANCE AND SERVICES WILL BE DELIVERED; (III) WHETHER THE
18 SERVICES PROVIDED TO FACILITY TENANTS WILL BE COVERED BY FEES OR
19 INCLUDED IN THE RENT, AND HOW RENTALS AND/OR FEES WILL BE STRUCTURED;
20 (IV) A POLICY FOR TENANTS' ENTRANCE TO AND EXIT, OR GRADUATION, FROM THE
21 FACILITY; AND, (V) THAT THE FACILITY CAN BE SELF-SUSTAINING AND WILL NOT
22 REQUIRE LONG-TERM STATE OPERATING SUBSIDIES.
23 3. GRANT CRITERIA. GRANTS AND LOANS MADE BY THE CORPORATION PURSUANT
24 TO THIS SECTION SHALL BE SUBJECT TO THE FOLLOWING LIMITATIONS:
25 A. NO SUCH GRANT SHALL EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS PER
26 YEAR;
27 B. NO MORE THAN ONE GRANT PER YEAR PER APPLICATION; AND
28 C. PREFERENCE SHALL BE GIVEN TO APPLICANTS WHICH: (I) MEET HIGHLY
29 DISTRESSED AREA CRITERIA OR WHICH SUPPORT EMPIRE ZONES ESTABLISHED
30 PURSUANT TO ARTICLE 18-B OF THE GENERAL MUNICIPAL LAW; PROVIDE A LOCAL
31 MATCH; MEET A SUBSTANTIAL LOCAL OR REGIONAL NEED; COMPLEMENT LOCAL
32 PROGRAMS OR PROVIDE SERVICES NOT READILY AVAILABLE FROM UNITS OF LOCAL
33 GOVERNMENT OR THE PRIVATE SECTOR; PLAN TO PROVIDE OR MAKE AVAILABLE FOR
34 FACILITY BUSINESSES, SERVICES, INCLUDING BUT NOT LIMITED TO, FOOD
35 PRODUCTION OR PROCESSING TECHNICAL ASSISTANCE, MARKETING, DISTRIBUTION,
36 PURCHASING, STORAGE, PACKAGING, INSURANCE, ON-SITE RETAILING OR OTHER
37 SERVICES; AND (II) HAVE DEVELOPED A PLAN, IN COOPERATION WITH THE
38 DEPARTMENT OF AGRICULTURE AND MARKETS, TO ASSIST BUSINESSES PARTICIPAT-
39 ING IN THE APPLICANT'S KITCHEN INCUBATOR/SHARED-USE KITCHEN FACILITY
40 WITH PURCHASING NEW YORK STATE AGRICULTURAL PRODUCTS, AND PROMOTING THE
41 FACILITY TO REGIONAL FARMERS.
42 S 2. Paragraph (b) of subdivision 1 of section 16-m of section 1 of
43 chapter 174 of the laws of 1968, constituting the New York state urban
44 development corporation act, as added by section 1 of part N of chapter
45 84 of the laws of 2002, is amended to read as follows:
46 (b) Loans, loan guarantees, and grants including interest subsidy
47 grants may be provided to municipalities, industrial development agen-
48 cies, not-for-profit corporations or local development corporations for
49 the purpose of developing federal facility sites, urban industrial
50 sites, industrial parks and incubator buildings INCLUDING SMALL BUSINESS
51 KITCHEN INCUBATOR/SHARED-USE KITCHEN FACILITIES; or to undertake prelim-
52 inary planning relating thereto;
53 S 3. This act shall take effect immediately, provided, however, that
54 the amendments to section 16-m of the urban development corporation act
55 made by section two of this act shall not affect the expiration of such
56 section and shall expire and be deemed repealed therewith.
