§ 65 — Massachusetts Food Trust Program

[ First paragraph of subsection (a) effective until May 30, 2023. For text
effective May 30, 2023, see below.]Section 65. (a) There shall be within the department a Massachusetts Food
Trust Program. The purpose of this program shall be to establish a financing
infrastructure that increases access to healthy food options and improves
economic opportunities for nutritionally underserved communities in urban,
rural and suburban localities.[First paragraph of subsection (a) as amended by 2023, 7, Sec. 96 effective
May 30, 2023. See 2023, 7, Sec. 298. For text effective until May 30, 2023, see
above.](a) There shall be established within the executive office of economic development a Massachusetts creative economy network, hereinafter referred to as the network, which shall be directed by a state creative economy director. The network shall consist of private, public and non-profit organizations and cultural districts, designated as such under section 58A of chapter 10, engaged in cross-industry collaboration between many interlocking industry sectors that provide creative services including, but not limited to, advertising, architecture, or intellectual property products such as arts, films, electronic media, video games, interactive digital media, multimedia, or design. The creative economy director, in consultation with the creative economy council, established under chapter 354 of the acts of 2008, shall establish criteria for participation in the network.As used in this section, the following words shall have the following meanings
unless the context clearly requires otherwise:"Community development financial institution", a person other than an individual
that has a primary mission of promoting community development, that
serves an investment area or targeted population, that provides development
services and equity investments or loans through an affiliate or a community
partnership, that maintains accountability to residents of its investment area or
targeted population through representation on its governing board or otherwise
and is not an agency or instrumentality of the United States, the commonwealth
or any political subdivision of the commonwealth; provided, however, that a
subsidiary of a community development financial institution shall only qualify as
a community development financial institution if its parent company and the
subsidiaries of the parent company on a consolidated basis also qualify as
community development financial institutions."Food opportunity area", a community or sections of a community of low and
moderate income, where the growth of food enterprises would create jobs,
attract investment or provide greater access to foods produced in the commonwealth
for local residents of low and moderate income."Low-income area", a census tract as reported in the most recently completed
decennial census published by the United States Census Bureau that has a
poverty rate of at least 20 per cent or in which the median family income does
not exceed 80 per cent of the greater of the statewide or metropolitan median
family income."Moderate income area", a census tract in which the median family income is
between 81 and 95 per cent of the median family income for the area."Underserved community", a low-income and moderate income census tract
determined to be an area with low supermarket access by the United States Department of Agriculture as identified in the United States Department of
Agriculture’s Food Access Research Atlas, through a methodology that has been
identified as having low access to a supermarket or grocery store or through a
methodology that has been adopted for use by the department of food and
agriculture, the department of economic development or another governmental
or philanthropic healthy food initiative.(b) A community development financial institution may develop and implement
flexible financing programs, including loans, grants and technical assistance,
and enter into external partnerships to raise matching funds, market the
programs, evaluate applicants, make award decisions, underwrite loans and
monitor compliance and impact. Activities eligible for assistance shall include,
but not be limited to (i) the development, renovation and expansion of supermarkets;
(ii) farmers’ markets; (iii) community kitchens; (iv) food truck commissaries;
(v) indoor and outdoor greenhouses; (vi) winter and year-round farmers’
markets; (vii) retail, restaurant and supporting food distribution hub options
serving such food opportunity areas as approved by the department; provided,
however, that applicants for such projects shall demonstrate a meaningful
commitment to sell fresh, local products; (viii) infrastructure for urban and
rural-based community-supported agriculture businesses; and (ix) working capital
for such projects which shall include, but not be limited to, equipment and
furnishings, workforce training, security and certain predevelopment costs.(c) The community development financial institution shall work with existing
state and federal agencies, including the small business capital access program,
the United States Department of the Treasury, the United States Department
of Health and Human Services and the United States Department of Agriculture,
regarding financing. To secure grants from private sources, the community
development financial institution shall consult with organizations with expertise
with food access to analyze market opportunities in underserved communities,
conduct outreach and marketing to food retailers and determine the site
eligibility of applicants.(d) The community development financial institution shall work in conjunction
with local community colleges and vocational education institutions to develop
programs designed to train and educate food sellers respecting the designating
and marketing of nutritious foods and to assist in the development of public
education programs designed to make the buying public aware of the need for
nutritious foods and the identity of nutritious foods.(e) A community development financial institution that serves an underserved
community shall cooperate with the Massachusetts food policy council to promote
and develop farmers’ market programs within targeted communities where
local growers shall be given the opportunity to market their produce and to
educate residents as to the nutritional importance of their produce.(f) In order to be eligible for financial assistance, a project shall demonstrate
to a community development financial institution through impact statements
that it is able to provide a positive economic and social impact to its local
community.(g) An impact statement shall be submitted to a community development
financial institution upon application and not later than February 1 annually
each successive year. An impact statement shall include: (i) the positive economic
impact provided to the community through job training and employment
practices; (ii) information on women and people of color; and (iii) information on
veteran status of ownership and full-time employees. Failure of a recipient of
financial assistance from a community development financial institution to show
positive economic and social impact may be cause for the community development
financial institution to discontinue financial assistance to the recipient.(h) To the maximum extent practicable, a recipient of financial assistance
from a community development financial institution shall provide healthy and
nutritious food to its customer base and shall promote community development
by working with other state and local programs.(i) A community development financial institution that serves an underserved
community shall forward the annual impact reports collected from supermarkets,
farmers’ markets or food stores to the Massachusetts food policy council
and shall include the following information: (1) the recipients of financial
assistance from community development financial institutions; (2) the total
amount of funds obtained by each recipient; and (3) the number of employees in
each supermarket, farmers’ market and food store.[ Subsection (j) effective until May 30, 2023. For text effective May 30, 2023,
see below.](j) The executive office of housing and economic development shall consult
with the department of agricultural resources to develop and implement the
Massachusetts Food Trust Program. To the maximum extent feasible, the
community development financial institution and the executive office of housing
and economic development shall seek to align efforts with the recommendations
of the most recent Massachusetts local food action plan as accepted by the
Massachusetts food policy council or subsequent plans accepted by the council.[ Subsection (j) as amended by 2023, 7, Sec. 97 effective May 30, 2023. See
2023, 7, Sec. 298. For text effective until May 30, 2023, see above.](j) The executive office of economic development shall consult with the
department of agricultural resources to develop and implement the Massachusetts
Food Trust Program. To the maximum extent feasible, the community
development financial institution and the executive office of economic development
shall seek to align efforts with the recommendations of the most recent
Massachusetts local food action plan as accepted by the Massachusetts food
policy council or subsequent plans accepted by the council.