Bill Text: NY S00902 | 2011-2012 | General Assembly | Introduced


Bill Title: Establishes the New York state council on food policy; authorizes the establishment of an advisory board to assist the council; enumerates the powers and duties of the council and board, which include developing comprehensive coordinated state food policies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO FINANCE [S00902 Detail]

Download: New_York-2011-S00902-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          902
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Finance
       AN ACT to amend the executive law, in relation to the creation of a  New
         York  state  council  on  food policy; and providing for the repeal of
         such provisions upon expiration thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The executive law is amended by adding a new article 14-A
    2  to read as follows:
    3                                ARTICLE 14-A
    4                    NEW YORK STATE COUNCIL ON FOOD POLICY
    5  SECTION 275. NEW YORK STATE COUNCIL ON FOOD POLICY.
    6          276. ADVISORY BOARD TO THE COUNCIL.
    7          277. POWERS AND DUTIES OF THE COUNCIL AND BOARD.
    8    S 275. NEW YORK STATE COUNCIL ON FOOD POLICY. THERE IS  HEREBY  ESTAB-
    9  LISHED  WITHIN  THE  EXECUTIVE DEPARTMENT THE "NEW YORK STATE COUNCIL ON
   10  FOOD POLICY," HEREINAFTER REFERRED TO IN THIS ARTICLE AS THE  "COUNCIL".
   11  THE  PURPOSE  OF  THE COUNCIL SHALL BE THE DEVELOPMENT OF COMPREHENSIVE,
   12  COORDINATED STATE FOOD POLICIES WITH THE GOAL OF PROVIDING A  PLENTIFUL,
   13  ACCESSIBLE,  AFFORDABLE,  SAFE  AND NUTRITIOUS FOOD SUPPLY, COMPRISED OF
   14  LOCALLY PRODUCED FOODS AS MUCH AS POSSIBLE, SO THAT ALL CITIZENS OF  THE
   15  STATE  ARE  ABLE  TO  EAT  A HEALTHY DIET AND AVOID HUNGER, AND HAVE THE
   16  OPPORTUNITY TO SUPPORT A VIBRANT LOCAL FARM AND FOOD ECONOMY. THE  COUN-
   17  CIL  SHALL  CONSIST  OF  THE COMMISSIONERS OR DIRECTORS OF THE FOLLOWING
   18  STATE AGENCIES AND OFFICES: HEALTH, AGRICULTURE AND  MARKETS,  TEMPORARY
   19  AND  DISABILITY ASSISTANCE, EDUCATION, AGING, GENERAL SERVICES, ECONOMIC
   20  DEVELOPMENT, ENVIRONMENTAL CONSERVATION, CONSUMER PROTECTION BOARD,  AND
   21  ANY  OTHER  EXECUTIVE  DEPARTMENTS  THE GOVERNOR DEEMS APPROPRIATE.  THE
   22  COUNCIL SHALL ALSO CONSIST OF THE FOLLOWING MEMBERS WITH EXPERIENCE  AND
   23  EXPERTISE  IN FOOD POLICY: FOUR MEMBERS APPOINTED BY THE GOVERNOR ON THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00829-01-1
       S. 902                              2
    1  RECOMMENDATION OF THE LEGISLATIVE LEADERS, ONE  EACH  BY  THE  TEMPORARY
    2  PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
    3  ER  OF  THE  SENATE, AND THE MINORITY LEADER OF THE ASSEMBLY; ONE MEMBER
    4  REPRESENTING  FARMERS;  THREE  MEMBERS  REPRESENTING  THE FOOD INDUSTRY,
    5  INCLUDING PRODUCERS, DISTRIBUTORS, PROCESSORS OR RETAILERS WHO ARE RESI-
    6  DENTS OF AND WORK IN THE STATE OF NEW YORK; THREE  MEMBERS  REPRESENTING
    7  FOOD   AND   NUTRITION  ASSISTANCE  PROGRAMS;  ONE  MEMBER  REPRESENTING
    8  ANTI-HUNGER ADVOCATES; ONE MEMBER WHO  IS  A  NUTRITIONIST;  ONE  MEMBER
    9  REPRESENTING  CONSUMERS;  AND,  ONE  MEMBER FROM AN ACADEMIC INSTITUTION
   10  WITH EXPERTISE IN FOOD POLICY.
   11    MEMBERS OF THE COUNCIL SHALL SERVE AT THE PLEASURE OF THE GOVERNOR AND
   12  VACANCIES SHALL BE FILLED IN THE SAME MANNER AS  ORIGINAL  APPOINTMENTS.
   13  THE  MEMBERS  OF  THE  COUNCIL  SHALL  RECEIVE NO COMPENSATION FOR THEIR
   14  SERVICES AS MEMBERS OF THE COUNCIL, BUT EACH OF THEM  SHALL  BE  ALLOWED
   15  THE  NECESSARY  AND  ACTUAL  EXPENSES WHICH HE OR SHE SHALL INCUR IN THE
   16  PERFORMANCE OF HIS OR HER DUTIES.
   17    1. THE GOVERNOR MAY  DESIGNATE  EITHER  THE  COMMISSIONER  OF  HEALTH,
   18  COMMISSIONER  OF  AGRICULTURE  AND  MARKETS  OR  THE COMMISSIONER OF THE
   19  OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AS THE CHAIR OF THE  COUN-
   20  CIL. OF THOSE THREE OFFICERS, THE TWO WHO ARE NOT DESIGNATED AS CHAIR OF
   21  THE COUNCIL SHALL BOTH SERVE AS VICE-CHAIRS OF THE COUNCIL.
   22    2.  THE  GOVERNOR,  IN CONSULTATION WITH THE CHAIR OF THE COUNCIL, MAY
   23  ESTABLISH AT LEAST THREE COMMITTEES OF THE COUNCIL INCLUDING: A  COMMIT-
   24  TEE ON HUNGER AND FOOD INSECURITY ISSUES, CHAIRED BY THE COMMISSIONER OF
   25  THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE; A COMMITTEE ON NUTRI-
   26  TION  AND  HEALTH  ISSUES,  CHAIRED BY THE COMMISSIONER OF HEALTH; AND A
   27  COMMITTEE ON AGRICULTURAL AND  FOOD  INDUSTRY  ISSUES,  CHAIRED  BY  THE
   28  COMMISSIONER  OF  AGRICULTURE  AND  MARKETS.  MEMBERS OF THE COUNCIL MAY
   29  SERVE ON MORE THAN ONE COMMITTEE.  COUNCIL MEMBERS MAY AUTHORIZE  REPRE-
   30  SENTATIVES TO PARTICIPATE IN MEETINGS.
   31    3.  THE  CHAIR OF THE COUNCIL, IN CONSULTATION WITH THE OTHER MEMBERS,
   32  MAY APPOINT OR EMPLOY AN EXECUTIVE DIRECTOR, AND MAY APPOINT  OR  EMPLOY
   33  SUCH  OTHER PERSONNEL AS THE CHAIR MAY DEEM NECESSARY, SUBJECT TO AVAIL-
   34  ABLE APPROPRIATIONS.
   35    4. TO EFFECTUATE THE PURPOSES OF THIS ARTICLE AND NOTWITHSTANDING  ANY
   36  OTHER  PROVISION  OF  LAW TO THE CONTRARY, ANY DEPARTMENT, OFFICE, DIVI-
   37  SION, BOARD, BUREAU, COMMISSION, COMMITTEE OR AGENCY OF THE STATE OR  OF
   38  ANY  POLITICAL SUBDIVISION THEREOF SHALL, AT THE REQUEST OF THE CHAIR OF
   39  THE COUNCIL, PROVIDE TO THE COUNCIL SUCH PERSONNEL, FACILITIES,  ASSIST-
   40  ANCE  AND  DATA AS SHALL REASONABLY ENABLE THE COUNCIL TO PROPERLY CARRY
   41  OUT ITS POWERS AND DUTIES AND THOSE OF THE CHAIR.
   42    5. THE COUNCIL SHALL MEET AS FREQUENTLY AS BUSINESS MAY  REQUIRE,  BUT
   43  AT  LEAST  TWICE A YEAR; AT LEAST ONE MEETING OF THE COUNCIL MAY BE HELD
   44  JOINTLY WITH THE ADVISORY BOARD TO THE COUNCIL.
   45    S 276. ADVISORY BOARD TO THE COUNCIL. AN ADVISORY BOARD TO THE COUNCIL
   46  SHALL ALSO BE ESTABLISHED TO PROVIDE ADVICE AND RECOMMENDATIONS  TO  THE
   47  COUNCIL  PURSUANT  TO ITS FUNCTIONS AND DUTIES. THE ADVISORY BOARD SHALL
   48  CONSIST OF AT LEAST FIFTEEN  MEMBERS  INCLUDING,  BUT  NOT  LIMITED  TO,
   49  REPRESENTATIVES  OF THE FOLLOWING: FARMERS AND FOOD PRODUCERS; ANTI-HUN-
   50  GER ADVOCATES; GOVERNMENTAL AND NON-GOVERNMENTAL FOOD ASSISTANCE PROVID-
   51  ERS OR ADVOCATES; COMMUNITY FOOD SECURITY PROGRAMS OR ADVOCATES; GOVERN-
   52  MENTAL AND NON-GOVERNMENTAL NUTRITION  PROGRAM  MANAGERS;  NUTRITIONISTS
   53  AND  DIETITIANS; MEDICAL PROFESSIONALS; CONSUMERS OR CONSUMER ADVOCATES;
   54  FOOD RETAILERS; THE FOODSERVICE INDUSTRY; FOOD PROCESSORS; FOOD MANUFAC-
   55  TURERS; ENVIRONMENTALISTS; ACADEMIC FOOD POLICY EXPERTS ON: FOOD SECURI-
   56  TY, NUTRITION, AGRICULTURE, FOOD BUSINESSES AND FOOD SAFETY; AND WORKERS
       S. 902                              3
    1  OR LABOR ORGANIZATIONS THAT REPRESENT WORKERS AFFECTED BY  FOOD  POLICY.
    2  THE  GOVERNOR SHALL APPOINT AT LEAST NINE MEMBERS TO THE ADVISORY BOARD;
    3  TWO MEMBERS SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE  TEMPORARY
    4  PRESIDENT  OF THE SENATE; TWO MEMBERS SHALL BE APPOINTED UPON THE RECOM-
    5  MENDATION OF THE SPEAKER OF THE ASSEMBLY; ONE MEMBER SHALL BE  APPOINTED
    6  UPON  THE  RECOMMENDATION  OF THE MINORITY LEADER OF THE SENATE; AND ONE
    7  MEMBER SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE MINORITY LEADER
    8  OF THE ASSEMBLY. THE GOVERNOR MAY ALSO  APPOINT  NON-VOTING,  EX-OFFICIO
    9  MEMBERS  TO  THE ADVISORY BOARD INCLUDING, BUT NOT LIMITED TO, REPRESEN-
   10  TATIVES OF FEDERAL AGENCIES, SUCH AS THE  UNITED  STATES  DEPARTMENT  OF
   11  AGRICULTURE,  THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND OTHER AGENCIES
   12  DEEMED APPROPRIATE. EACH MEMBER OF THE ADVISORY BOARD SHALL SERVE AT THE
   13  PLEASURE OF THE GOVERNOR AND VACANCIES  SHALL  BE  FILLED  IN  THE  SAME
   14  MANNER AS ORIGINAL APPOINTMENTS. THE MEMBERS OF THE ADVISORY BOARD SHALL
   15  RECEIVE  NO  COMPENSATION  FOR THEIR SERVICES AS MEMBERS OF THE ADVISORY
   16  BOARD, BUT EACH OF THEM  SHALL  BE  ALLOWED  THE  NECESSARY  AND  ACTUAL
   17  EXPENSES  WHICH  HE  OR SHE SHALL INCUR IN THE PERFORMANCE OF HIS OR HER
   18  DUTIES.
   19    1. THE CHAIR OF THE COUNCIL SHALL APPOINT THE CHAIR  OF  THE  ADVISORY
   20  BOARD  AND,  IN  CONSULTATION  WITH THE CHAIR OF THE ADVISORY BOARD, MAY
   21  ESTABLISH AT LEAST THREE COMMITTEES OF THE ADVISORY  BOARD  AS  COUNTER-
   22  PARTS  TO  COUNCIL COMMITTEES, INCLUDING: A COMMITTEE ON HUNGER AND FOOD
   23  INSECURITY ISSUES; A COMMITTEE ON NUTRITION AND  HEALTH  ISSUES;  AND  A
   24  COMMITTEE ON AGRICULTURAL AND FOOD INDUSTRY ISSUES. MEMBERS OF THE ADVI-
   25  SORY  BOARD MAY SERVE ON MORE THAN ONE COMMITTEE. THE CHAIR OF THE COUN-
   26  CIL MAY APPOINT NON-VOTING, EX-OFFICIO MEMBERS TO SERVE ON THE  ADVISORY
   27  BOARD  COMMITTEES,  WHEN NECESSARY. ADVISORY BOARD MEMBERS MAY AUTHORIZE
   28  REPRESENTATIVES TO PARTICIPATE IN MEETINGS.
   29    2. THE ADVISORY  BOARD  SHALL  MEET  AS  FREQUENTLY  AS  BUSINESS  MAY
   30  REQUIRE,  BUT  AT  LEAST  TWICE A YEAR; AT LEAST ONE MEETING MAY BE HELD
   31  JOINTLY WITH THE COUNCIL.
   32    S 277. POWERS AND DUTIES OF THE COUNCIL AND BOARD. 1. TO  FULFILL  ITS
   33  PURPOSE  AND GOALS, THE COUNCIL, IN COOPERATION WITH ITS ADVISORY BOARD,
   34  IS AUTHORIZED AND EMPOWERED TO, AMONG  OTHER  ACTIVITIES:  COLLECT  FOOD
   35  POLICY  DATA  AND  INFORMATION;  ASSESS  AND ANALYZE THE FOOD POLICY AND
   36  PROGRAM NEEDS OF THE STATE; DISSEMINATE SUCH  ASSESSMENT,  ANALYSIS  AND
   37  INFORMATION TO THE GOVERNOR, EXECUTIVE AGENCIES, THE LEGISLATURE AND THE
   38  PUBLIC;  AND  ADVISE AND ASSIST THE GOVERNOR, EXECUTIVE AGENCIES AND THE
   39  LEGISLATURE IN PLANNING, DEVELOPING, IMPLEMENTING AND COORDINATING POLI-
   40  CIES AND PROGRAMS TO ADDRESS THE FOOD POLICY NEEDS OF THE STATE.
   41    2. THE COUNCIL, IN COOPERATION WITH ITS ADVISORY BOARD, MAY REVIEW AND
   42  PROVIDE ADVISORY COMMENTS ON FEDERAL, STATE AND LOCAL LEGISLATION, REGU-
   43  LATIONS, BUDGET PROPOSALS, SPENDING PLANS, PROGRAM OPERATIONS AND  OTHER
   44  GOVERNMENTAL  ACTIVITIES  THAT  AFFECT THE IMPLEMENTATION OF FOOD POLICY
   45  AND PROGRAMS.
   46    3. THE COUNCIL SHALL, WITHIN ONE YEAR OF THE EFFECTIVE  DATE  OF  THIS
   47  ARTICLE AND ANNUALLY THEREAFTER, PREPARE A REPORT TO BE DELIVERED TO THE
   48  GOVERNOR  AND  THE  LEGISLATURE  ON  THE FOOD POLICY STATUS OF THE STATE
   49  INCLUDING, BUT NOT LIMITED TO: THE PREVALENCE OF HUNGER AND FOOD INSECU-
   50  RITY; THE NUTRITIONAL WELL-BEING OF VARIOUS POPULATION GROUPS INCLUDING,
   51  BUT NOT LIMITED TO, WOMEN AND MEN, AND DIFFERENT AGE, RACIAL AND  ETHNIC
   52  GROUPS;  THE STATUS OF AGRICULTURE AND THE FOOD INDUSTRY; THE EFFECTIVE-
   53  NESS, MANAGEMENT AND COORDINATION OF  FOOD,  AGRICULTURE  AND  NUTRITION
   54  PROGRAMS; AND RECOMMENDATIONS OF STATE POLICIES, PROGRAMS AND ACTIONS TO
   55  MEET THE FOLLOWING GOALS:
       S. 902                              4
    1    A.  THE  SIGNIFICANT REDUCTION, AS DEFINED BY SPECIFIC NUMERICAL GOALS
    2  AND TIMETABLES, AND ULTIMATE PREVENTION OF HUNGER AND FOOD INSECURITY BY
    3  ASSURING THAT ALL CITIZENS OF THE STATE HAVE  ACCESS  TO  HIGH  QUALITY,
    4  SAFE, AFFORDABLE, CULTURALLY-APPROPRIATE AND NUTRITIOUS FOOD, FROM LOCAL
    5  FOOD  PRODUCERS  WHENEVER  POSSIBLE,  THROUGH ADEQUATE PURCHASING POWER,
    6  INCLUDING BENEFITS PROVIDED BY FOOD ASSISTANCE PROGRAMS, AND THE  NECES-
    7  SARY FACILITIES TO PREPARE FOOD;
    8    B.  THE  ADOPTION,  BY  ALL  NEW YORKERS, OF A DIET THAT PROMOTES GOOD
    9  HEALTH AND PREVENTS FOOD AND DIET-RELATED DISEASES THROUGHOUT THEIR LIFE
   10  SPANS, AND INCLUDES, WHENEVER POSSIBLE, LOCALLY-PRODUCED FOODS;
   11    C. INCREASED  CONSUMER AND BUSINESS DEMAND FOR NEW YORK FARM AND  FOOD
   12  PRODUCTS;
   13    D.  A  FLOURISHING AND PROFITABLE FOOD-PRODUCTION SYSTEM IN THE STATE,
   14  WHICH MAXIMIZES PRODUCTION OF NUTRITIOUS FOODS; PRESERVES  AND  PROTECTS
   15  OPEN  SPACE AND THE ENVIRONMENT; AND PROVIDES SUFFICIENT INCOME FOR FARM
   16  FAMILIES AND WORKERS;
   17    E. ECONOMIC VIABILITY FOR THE STATE'S FOOD PROCESSING, MARKETING,  AND
   18  DISTRIBUTION  INDUSTRIES  THAT  SUPPORT THE STATE'S FARMS AND FOOD BUSI-
   19  NESSES; AND
   20    F. INCREASED EFFECTIVENESS OF AND COORDINATION  AMONG  FEDERAL,  STATE
   21  AND LOCAL FOOD, FARM AND NUTRITION PROGRAMS.
   22    4.  THE  COUNCIL  AND  THE  ADVISORY BOARD SHALL HOLD STATEWIDE PUBLIC
   23  MEETINGS AS NECESSARY TO SOLICIT PUBLIC COMMENT ON THE ISSUES BEFORE THE
   24  COUNCIL.
   25    S 2. This act shall take effect on the one hundred eightieth day after
   26  it shall have become a law and shall expire and be  deemed  repealed  on
   27  and  after December 31, 2017; provided, however, any appointments to the
   28  New York state council on food policy and the  advisory  board  to  such
   29  council pursuant to this act shall be made before such effective date.
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