Bill Text: NY S03144 | 2013-2014 | General Assembly | Introduced

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

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Bill Title: Establishes a kitchen incubator/shared-use kitchen facility program within the urban development corporation; provides grant funding to local development corporations, municipalities, educational institutions and not-for-profit entities for the development or expansion of kitchen incubator/shared-use kitchen facilities which make available services such as food production, technical assistance, business management and marketing, distribution, storage and retailing assistance, particularly in economically distressed areas.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S03144 Detail]

Download: New_York-2013-S03144-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3144
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 30, 2013
                                      ___________
       Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Corporations,  Authorities
         and Commissions
       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-v to read as follows:
    4    S 16-V. 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 IN THE EMPIRE STATE ECONOMIC DEVEL-
    8  OPMENT FUND ESTABLISHED PURSUANT TO SECTION 16-I OF THIS ACT,  TO  AWARD
    9  GRANTS,  ON A COMPETITIVE BASIS IN RESPONSE TO REQUEST-FOR-PROPOSALS, TO
   10  LOCAL  DEVELOPMENT  CORPORATIONS,  MUNICIPALITIES,  EDUCATIONAL   INSTI-
   11  TUTIONS,  AND  OTHER NOT-FOR-PROFIT ORGANIZATIONS FOR THE COSTS INVOLVED
   12  IN STARTING OR EXPANDING A KITCHEN INCUBATOR/SHARED-USE KITCHEN  FACILI-
   13  TY.   THE CORPORATION IS FURTHER AUTHORIZED TO CONTRACT WITH THE COMMIS-
   14  SIONER OF AGRICULTURE AND MARKETS, AND SUCH COMMISSIONER  IS  AUTHORIZED
   15  TO  CONTRACT  WITH  THE  CORPORATION,  TO PREPARE AND ISSUE REQUESTS FOR
   16  PROPOSALS, ACCEPT GRANT APPLICATIONS, RECOMMEND THOSE APPLICATIONS  THAT
   17  BEST  MEET ESTABLISHED CRITERIA, TO ESTABLISH CRITERIA AND TO ADMINISTER
   18  GRANTS AWARDED UNDER THIS SUBDIVISION.  SUCH GRANTS MAY BE USED FOR  THE
   19  CONSTRUCTION  OR REHABILITATION OF SUCH FACILITY, PURCHASE OF EQUIPMENT,
   20  TRAINING, TECHNICAL ASSISTANCE, AND OTHER  PURPOSES  NECESSARY  FOR  THE
   21  SUCCESSFUL  DEVELOPMENT  OR  EXPANSION OF A KITCHEN INCUBATOR/SHARED-USE
   22  KITCHEN FACILITY. KITCHEN INCUBATOR/SHARED-USE KITCHEN FACILITIES  SHALL
   23  BE  FOOD  PROCESSING  OR  PREPARATION  FACILITIES  THAT  ARE OPERATED BY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01853-01-3
       S. 3144                             2
    1  NOT-FOR-PROFIT CORPORATIONS OR GOVERNMENT AGENCIES AND USED PRIMARILY BY
    2  SMALL AND EMERGING BUSINESSES, INCLUDING BOTH FULL-TIME FACILITY TENANTS
    3  AND BUSINESSES THAT RENT SPACE ON A TEMPORARY BASIS.  THEY MUST  PROVIDE
    4  OR MAKE AVAILABLE FOR FACILITY BUSINESSES: LOW-COST SPACE, BELOW CURRENT
    5  MARKET  VALUE  IN  THE  AREA  THE FACILITY SERVES; AND SUPPORT SERVICES,
    6  INCLUDING BUT NOT LIMITED TO, BUSINESS PLANNING, MANAGEMENT  ASSISTANCE,
    7  FINANCIAL  PACKAGING,  LINKAGES  TO  FINANCING SOURCES, AND COORDINATION
    8  WITH OTHER SOURCES OF TRAINING AND ASSISTANCE.  THEY MAY PROVIDE OR MAKE
    9  AVAILABLE FOR FACILITY BUSINESSES, SERVICES SUCH AS FOOD  PRODUCTION  OR
   10  PROCESSING  TECHNICAL  ASSISTANCE,  MARKETING, DISTRIBUTION, PURCHASING,
   11  STORAGE, PACKING, INSURANCE, ON-SITE RETAILING OR OTHER SERVICES.
   12    2. PROJECT PLANS.   APPLICANTS FOR GRANTS MUST  PROVIDE  A  MANAGEMENT
   13  PLAN  AND A BUSINESS PLAN FOR OPERATING THE KITCHEN INCUBATOR/SHARED-USE
   14  KITCHEN FACILITY WHICH DEMONSTRATES TO THE SATISFACTION  OF  THE  CORPO-
   15  RATION:  (I)  LOCAL  BUSINESS  INTEREST  IN  A NEW OR EXPANDED FACILITY,
   16  INCLUDING THE FOOD PROCESSING NEEDS OF EXISTING AND POTENTIAL FOOD BUSI-
   17  NESSES; (II) THE APPLICANT'S ABILITY TO DELIVER SERVICES AND  ASSISTANCE
   18  AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, INCLUDING A DESCRIPTION
   19  OF HOW SUCH ASSISTANCE AND SERVICES WILL BE DELIVERED; (III) WHETHER THE
   20  SERVICES  PROVIDED  TO  FACILITY  TENANTS  WILL  BE  COVERED  BY FEES OR
   21  INCLUDED IN THE RENT, AND HOW RENTALS AND/OR FEES  WILL  BE  STRUCTURED;
   22  (IV) A POLICY FOR TENANTS' ENTRANCE TO AND EXIT, OR GRADUATION, FROM THE
   23  FACILITY; AND, (V) THAT THE FACILITY CAN BE SELF-SUSTAINING AND WILL NOT
   24  REQUIRE LONG-TERM STATE OPERATING SUBSIDIES.
   25    3.  GRANT  CRITERIA. GRANTS AND LOANS MADE BY THE CORPORATION PURSUANT
   26  TO THIS SECTION SHALL BE SUBJECT TO THE FOLLOWING LIMITATIONS:
   27    A. NO SUCH GRANT SHALL EXCEED TWO HUNDRED FIFTY THOUSAND  DOLLARS  PER
   28  YEAR; AND
   29    B.  PREFERENCE  SHALL  BE  GIVEN  TO APPLICANTS WHICH: (I) MEET HIGHLY
   30  DISTRESSED AREA CRITERIA  OR  WHICH  SUPPORT  EMPIRE  ZONES  ESTABLISHED
   31  PURSUANT  TO  ARTICLE 18-B OF THE GENERAL MUNICIPAL LAW; PROVIDE A LOCAL
   32  MATCH; MEET A SUBSTANTIAL  LOCAL  OR  REGIONAL  NEED;  COMPLEMENT  LOCAL
   33  PROGRAMS  OR  PROVIDE SERVICES NOT READILY AVAILABLE FROM UNITS OF LOCAL
   34  GOVERNMENT OR THE PRIVATE SECTOR; PLAN TO PROVIDE OR MAKE AVAILABLE  FOR
   35  FACILITY  BUSINESSES,  SERVICES,  INCLUDING  BUT  NOT  LIMITED  TO, FOOD
   36  PRODUCTION OR PROCESSING TECHNICAL ASSISTANCE, MARKETING,  DISTRIBUTION,
   37  PURCHASING,  STORAGE,  PACKAGING,  INSURANCE, ON-SITE RETAILING OR OTHER
   38  SERVICES; AND (II) HAVE DEVELOPED A PLAN TO  ASSIST  BUSINESSES  PARTIC-
   39  IPATING 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.