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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        902--A
                              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  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00829-02-1
       S. 902--A                           2
    1  COUNCIL  SHALL ALSO CONSIST OF THE FOLLOWING MEMBERS WITH EXPERIENCE AND
    2  EXPERTISE IN FOOD POLICY: FOUR MEMBERS APPOINTED BY THE GOVERNOR ON  THE
    3  RECOMMENDATION  OF  THE  LEGISLATIVE  LEADERS, ONE EACH BY THE TEMPORARY
    4  PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
    5  ER  OF  THE  SENATE, AND THE MINORITY LEADER OF THE ASSEMBLY; ONE MEMBER
    6  REPRESENTING FARMERS; THREE  MEMBERS  REPRESENTING  THE  FOOD  INDUSTRY,
    7  INCLUDING PRODUCERS, DISTRIBUTORS, PROCESSORS OR RETAILERS WHO ARE RESI-
    8  DENTS  OF  AND WORK IN THE STATE OF NEW YORK; THREE MEMBERS REPRESENTING
    9  FOOD  AND  NUTRITION  ASSISTANCE  PROGRAMS;  ONE   MEMBER   REPRESENTING
   10  ANTI-HUNGER  ADVOCATES;  ONE  MEMBER  WHO  IS A NUTRITIONIST; ONE MEMBER
   11  REPRESENTING CONSUMERS; AND, ONE MEMBER  FROM  AN  ACADEMIC  INSTITUTION
   12  WITH EXPERTISE IN FOOD POLICY.
   13    MEMBERS OF THE COUNCIL SHALL SERVE AT THE PLEASURE OF THE GOVERNOR AND
   14  VACANCIES  SHALL  BE FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS.
   15  THE MEMBERS OF THE COUNCIL  SHALL  RECEIVE  NO  COMPENSATION  FOR  THEIR
   16  SERVICES  AS  MEMBERS  OF THE COUNCIL, BUT EACH OF THEM SHALL BE ALLOWED
   17  THE NECESSARY AND ACTUAL EXPENSES WHICH HE OR SHE  SHALL  INCUR  IN  THE
   18  PERFORMANCE OF HIS OR HER DUTIES.
   19    1.  THE  GOVERNOR  MAY  DESIGNATE  EITHER  THE COMMISSIONER OF HEALTH,
   20  COMMISSIONER OF AGRICULTURE AND  MARKETS  OR  THE  COMMISSIONER  OF  THE
   21  OFFICE  OF TEMPORARY AND DISABILITY ASSISTANCE AS THE CHAIR OF THE COUN-
   22  CIL. OF THOSE THREE OFFICERS, THE TWO WHO ARE NOT DESIGNATED AS CHAIR OF
   23  THE COUNCIL SHALL BOTH SERVE AS VICE-CHAIRS OF THE COUNCIL.
   24    2. THE GOVERNOR, IN CONSULTATION WITH THE CHAIR OF  THE  COUNCIL,  MAY
   25  ESTABLISH  AT LEAST THREE COMMITTEES OF THE COUNCIL INCLUDING: A COMMIT-
   26  TEE ON HUNGER AND FOOD INSECURITY ISSUES, CHAIRED BY THE COMMISSIONER OF
   27  THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE; A COMMITTEE ON NUTRI-
   28  TION AND HEALTH ISSUES, CHAIRED BY THE COMMISSIONER  OF  HEALTH;  AND  A
   29  COMMITTEE  ON  AGRICULTURAL  AND  FOOD  INDUSTRY  ISSUES, CHAIRED BY THE
   30  COMMISSIONER OF AGRICULTURE AND MARKETS.  MEMBERS  OF  THE  COUNCIL  MAY
   31  SERVE  ON MORE THAN ONE COMMITTEE.  COUNCIL MEMBERS MAY AUTHORIZE REPRE-
   32  SENTATIVES TO PARTICIPATE IN MEETINGS.
   33    3. THE CHAIR OF THE COUNCIL, IN CONSULTATION WITH THE  OTHER  MEMBERS,
   34  MAY  APPOINT  OR EMPLOY AN EXECUTIVE DIRECTOR, AND MAY APPOINT OR EMPLOY
   35  SUCH OTHER PERSONNEL AS THE CHAIR MAY DEEM NECESSARY, SUBJECT TO  AVAIL-
   36  ABLE APPROPRIATIONS.
   37    4.  TO EFFECTUATE THE PURPOSES OF THIS ARTICLE AND NOTWITHSTANDING ANY
   38  OTHER PROVISION OF LAW TO THE CONTRARY, ANY  DEPARTMENT,  OFFICE,  DIVI-
   39  SION,  BOARD, BUREAU, COMMISSION, COMMITTEE OR AGENCY OF THE STATE OR OF
   40  ANY POLITICAL SUBDIVISION THEREOF SHALL, AT THE REQUEST OF THE CHAIR  OF
   41  THE  COUNCIL, PROVIDE TO THE COUNCIL SUCH PERSONNEL, FACILITIES, ASSIST-
   42  ANCE AND DATA AS SHALL REASONABLY ENABLE THE COUNCIL TO  PROPERLY  CARRY
   43  OUT ITS POWERS AND DUTIES AND THOSE OF THE CHAIR.
   44    5.  THE  COUNCIL SHALL MEET AS FREQUENTLY AS BUSINESS MAY REQUIRE, BUT
   45  AT LEAST TWICE A YEAR; AT LEAST ONE MEETING OF THE COUNCIL MAY  BE  HELD
   46  JOINTLY WITH THE ADVISORY BOARD TO THE COUNCIL.
   47    S 276. ADVISORY BOARD TO THE COUNCIL. AN ADVISORY BOARD TO THE COUNCIL
   48  SHALL  ALSO  BE ESTABLISHED TO PROVIDE ADVICE AND RECOMMENDATIONS TO THE
   49  COUNCIL PURSUANT TO ITS FUNCTIONS AND DUTIES. THE ADVISORY  BOARD  SHALL
   50  CONSIST  OF  AT  LEAST  FIFTEEN  MEMBERS  INCLUDING, BUT NOT LIMITED TO,
   51  REPRESENTATIVES OF THE FOLLOWING: FARMERS AND FOOD PRODUCERS;  ANTI-HUN-
   52  GER ADVOCATES; GOVERNMENTAL AND NON-GOVERNMENTAL FOOD ASSISTANCE PROVID-
   53  ERS OR ADVOCATES; COMMUNITY FOOD SECURITY PROGRAMS OR ADVOCATES; GOVERN-
   54  MENTAL  AND  NON-GOVERNMENTAL  NUTRITION PROGRAM MANAGERS; NUTRITIONISTS
   55  AND DIETITIANS; MEDICAL PROFESSIONALS; CONSUMERS OR CONSUMER  ADVOCATES;
   56  FOOD RETAILERS; THE FOODSERVICE INDUSTRY; FOOD PROCESSORS; FOOD MANUFAC-
       S. 902--A                           3
    1  TURERS; ENVIRONMENTALISTS; ACADEMIC FOOD POLICY EXPERTS ON: FOOD SECURI-
    2  TY, NUTRITION, AGRICULTURE, FOOD BUSINESSES AND FOOD SAFETY; AND WORKERS
    3  OR  LABOR  ORGANIZATIONS THAT REPRESENT WORKERS AFFECTED BY FOOD POLICY.
    4  THE  GOVERNOR SHALL APPOINT AT LEAST NINE MEMBERS TO THE ADVISORY BOARD;
    5  TWO MEMBERS SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE  TEMPORARY
    6  PRESIDENT  OF THE SENATE; TWO MEMBERS SHALL BE APPOINTED UPON THE RECOM-
    7  MENDATION OF THE SPEAKER OF THE ASSEMBLY; ONE MEMBER SHALL BE  APPOINTED
    8  UPON  THE  RECOMMENDATION  OF THE MINORITY LEADER OF THE SENATE; AND ONE
    9  MEMBER SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE MINORITY LEADER
   10  OF THE ASSEMBLY. THE GOVERNOR MAY ALSO  APPOINT  NON-VOTING,  EX-OFFICIO
   11  MEMBERS  TO  THE ADVISORY BOARD INCLUDING, BUT NOT LIMITED TO, REPRESEN-
   12  TATIVES OF FEDERAL AGENCIES, SUCH AS THE  UNITED  STATES  DEPARTMENT  OF
   13  AGRICULTURE,  THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND OTHER AGENCIES
   14  DEEMED APPROPRIATE. EACH MEMBER OF THE ADVISORY BOARD SHALL SERVE AT THE
   15  PLEASURE OF THE GOVERNOR AND VACANCIES  SHALL  BE  FILLED  IN  THE  SAME
   16  MANNER AS ORIGINAL APPOINTMENTS. THE MEMBERS OF THE ADVISORY BOARD SHALL
   17  RECEIVE  NO  COMPENSATION  FOR THEIR SERVICES AS MEMBERS OF THE ADVISORY
   18  BOARD, BUT EACH OF THEM  SHALL  BE  ALLOWED  THE  NECESSARY  AND  ACTUAL
   19  EXPENSES  WHICH  HE  OR SHE SHALL INCUR IN THE PERFORMANCE OF HIS OR HER
   20  DUTIES.
   21    1. THE CHAIR OF THE COUNCIL SHALL APPOINT THE CHAIR  OF  THE  ADVISORY
   22  BOARD  AND,  IN  CONSULTATION  WITH THE CHAIR OF THE ADVISORY BOARD, MAY
   23  ESTABLISH AT LEAST THREE COMMITTEES OF THE ADVISORY  BOARD  AS  COUNTER-
   24  PARTS  TO  COUNCIL COMMITTEES, INCLUDING: A COMMITTEE ON HUNGER AND FOOD
   25  INSECURITY ISSUES; A COMMITTEE ON NUTRITION AND  HEALTH  ISSUES;  AND  A
   26  COMMITTEE ON AGRICULTURAL AND FOOD INDUSTRY ISSUES. MEMBERS OF THE ADVI-
   27  SORY  BOARD MAY SERVE ON MORE THAN ONE COMMITTEE. THE CHAIR OF THE COUN-
   28  CIL MAY APPOINT NON-VOTING, EX-OFFICIO MEMBERS TO SERVE ON THE  ADVISORY
   29  BOARD  COMMITTEES,  WHEN NECESSARY. ADVISORY BOARD MEMBERS MAY AUTHORIZE
   30  REPRESENTATIVES TO PARTICIPATE IN MEETINGS.
   31    2. THE ADVISORY  BOARD  SHALL  MEET  AS  FREQUENTLY  AS  BUSINESS  MAY
   32  REQUIRE,  BUT  AT  LEAST  TWICE A YEAR; AT LEAST ONE MEETING MAY BE HELD
   33  JOINTLY WITH THE COUNCIL.
   34    S 277. POWERS AND DUTIES OF THE COUNCIL AND BOARD. 1. TO  FULFILL  ITS
   35  PURPOSE  AND GOALS, THE COUNCIL, IN COOPERATION WITH ITS ADVISORY BOARD,
   36  IS AUTHORIZED AND EMPOWERED TO, AMONG  OTHER  ACTIVITIES:  COLLECT  FOOD
   37  POLICY  DATA  AND  INFORMATION;  ASSESS  AND ANALYZE THE FOOD POLICY AND
   38  PROGRAM NEEDS OF THE STATE; DISSEMINATE SUCH  ASSESSMENT,  ANALYSIS  AND
   39  INFORMATION TO THE GOVERNOR, EXECUTIVE AGENCIES, THE LEGISLATURE AND THE
   40  PUBLIC;  AND  ADVISE AND ASSIST THE GOVERNOR, EXECUTIVE AGENCIES AND THE
   41  LEGISLATURE IN PLANNING, DEVELOPING, IMPLEMENTING AND COORDINATING POLI-
   42  CIES AND PROGRAMS TO ADDRESS THE FOOD POLICY NEEDS OF THE STATE.
   43    2. THE COUNCIL, IN COOPERATION WITH ITS ADVISORY BOARD, MAY REVIEW AND
   44  PROVIDE ADVISORY COMMENTS ON FEDERAL, STATE AND LOCAL LEGISLATION, REGU-
   45  LATIONS, BUDGET PROPOSALS, SPENDING PLANS, PROGRAM OPERATIONS AND  OTHER
   46  GOVERNMENTAL  ACTIVITIES  THAT  AFFECT THE IMPLEMENTATION OF FOOD POLICY
   47  AND PROGRAMS.
   48    3. THE COUNCIL SHALL, WITHIN ONE YEAR OF THE EFFECTIVE  DATE  OF  THIS
   49  ARTICLE AND ANNUALLY THEREAFTER, PREPARE A REPORT TO BE DELIVERED TO THE
   50  GOVERNOR  AND  THE  LEGISLATURE  ON  THE FOOD POLICY STATUS OF THE STATE
   51  INCLUDING, BUT NOT LIMITED TO: THE PREVALENCE OF HUNGER AND FOOD INSECU-
   52  RITY; THE NUTRITIONAL WELL-BEING OF VARIOUS POPULATION GROUPS INCLUDING,
   53  BUT NOT LIMITED TO, WOMEN AND MEN, AND DIFFERENT AGE, RACIAL AND  ETHNIC
   54  GROUPS;  THE STATUS OF AGRICULTURE AND THE FOOD INDUSTRY; THE EFFECTIVE-
   55  NESS, MANAGEMENT AND COORDINATION OF  FOOD,  AGRICULTURE  AND  NUTRITION
       S. 902--A                           4
    1  PROGRAMS; AND RECOMMENDATIONS OF STATE POLICIES, PROGRAMS AND ACTIONS TO
    2  MEET THE FOLLOWING GOALS:
    3    A.  THE  SIGNIFICANT REDUCTION, AS DEFINED BY SPECIFIC NUMERICAL GOALS
    4  AND TIMETABLES, AND ULTIMATE PREVENTION OF HUNGER AND FOOD INSECURITY BY
    5  ASSURING THAT ALL CITIZENS OF THE STATE HAVE  ACCESS  TO  HIGH  QUALITY,
    6  SAFE, AFFORDABLE, CULTURALLY-APPROPRIATE AND NUTRITIOUS FOOD, FROM LOCAL
    7  FOOD  PRODUCERS  WHENEVER  POSSIBLE,  THROUGH ADEQUATE PURCHASING POWER,
    8  INCLUDING BENEFITS PROVIDED BY FOOD ASSISTANCE PROGRAMS, AND THE  NECES-
    9  SARY FACILITIES TO PREPARE FOOD;
   10    B.  THE  ADOPTION,  BY  ALL  NEW YORKERS, OF A DIET THAT PROMOTES GOOD
   11  HEALTH AND PREVENTS FOOD AND DIET-RELATED DISEASES THROUGHOUT THEIR LIFE
   12  SPANS, AND INCLUDES, WHENEVER POSSIBLE, LOCALLY-PRODUCED FOODS;
   13    C. INCREASED  CONSUMER AND BUSINESS DEMAND FOR NEW YORK FARM AND  FOOD
   14  PRODUCTS;
   15    D.  A  FLOURISHING AND PROFITABLE FOOD-PRODUCTION SYSTEM IN THE STATE,
   16  WHICH MAXIMIZES PRODUCTION OF NUTRITIOUS FOODS; PRESERVES  AND  PROTECTS
   17  OPEN  SPACE AND THE ENVIRONMENT; AND PROVIDES SUFFICIENT INCOME FOR FARM
   18  FAMILIES AND WORKERS;
   19    E. ECONOMIC VIABILITY FOR THE STATE'S FOOD PROCESSING, MARKETING,  AND
   20  DISTRIBUTION  INDUSTRIES  THAT  SUPPORT THE STATE'S FARMS AND FOOD BUSI-
   21  NESSES; AND
   22    F. INCREASED EFFECTIVENESS OF AND COORDINATION  AMONG  FEDERAL,  STATE
   23  AND LOCAL FOOD, FARM AND NUTRITION PROGRAMS.
   24    4.  THE  COUNCIL  AND  THE  ADVISORY BOARD SHALL HOLD STATEWIDE PUBLIC
   25  MEETINGS AS NECESSARY TO SOLICIT PUBLIC COMMENT ON THE ISSUES BEFORE THE
   26  COUNCIL.
   27    S 2. This act shall take effect on the one hundred eightieth day after
   28  it shall have become a law and shall expire and be  deemed  repealed  on
   29  and  after December 31, 2018; provided, however, any appointments to the
   30  New York state council on food policy and the  advisory  board  to  such
   31  council pursuant to this act shall be made before such effective date.