[ First paragraph of subsection (a) effective until May 30, 2023. For texteffective May 30, 2023, see below.]

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  Section 65. (a) There shall be within the department a Massachusetts FoodTrust Program. The purpose of this program shall be to establish a financinginfrastructure that increases access to healthy food options and improveseconomic opportunities for nutritionally underserved communities in urban,rural and suburban localities.

[First paragraph of subsection (a) as amended by 2023, 7, Sec. 96 effectiveMay 30, 2023. See 2023, 7, Sec. 298. For text effective until May 30, 2023, seeabove.]

  (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 meaningsunless the context clearly requires otherwise:

“Community development financial institution”, a person other than an individualthat has a primary mission of promoting community development, thatserves an investment area or targeted population, that provides developmentservices and equity investments or loans through an affiliate or a communitypartnership, that maintains accountability to residents of its investment area ortargeted population through representation on its governing board or otherwiseand is not an agency or instrumentality of the United States, the commonwealthor any political subdivision of the commonwealth; provided, however, that asubsidiary of a community development financial institution shall only qualify asa community development financial institution if its parent company and thesubsidiaries of the parent company on a consolidated basis also qualify ascommunity development financial institutions.

“Food opportunity area”, a community or sections of a community of low andmoderate income, where the growth of food enterprises would create jobs,attract investment or provide greater access to foods produced in the commonwealthfor local residents of low and moderate income.

“Low-income area”, a census tract as reported in the most recently completeddecennial census published by the United States Census Bureau that has apoverty rate of at least 20 per cent or in which the median family income doesnot exceed 80 per cent of the greater of the statewide or metropolitan medianfamily income.

“Moderate income area”, a census tract in which the median family income isbetween 81 and 95 per cent of the median family income for the area.

“Underserved community”, a low-income and moderate income census tractdetermined to be an area with low supermarket access by the United States Department of Agriculture as identified in the United States Department ofAgriculture’s Food Access Research Atlas, through a methodology that has beenidentified as having low access to a supermarket or grocery store or through amethodology that has been adopted for use by the department of food andagriculture, the department of economic development or another governmentalor philanthropic healthy food initiative.

  (b) A community development financial institution may develop and implementflexible financing programs, including loans, grants and technical assistance,and enter into external partnerships to raise matching funds, market theprograms, evaluate applicants, make award decisions, underwrite loans andmonitor 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 optionsserving such food opportunity areas as approved by the department; provided,however, that applicants for such projects shall demonstrate a meaningfulcommitment to sell fresh, local products; (viii) infrastructure for urban andrural-based community-supported agriculture businesses; and (ix) working capitalfor such projects which shall include, but not be limited to, equipment andfurnishings, workforce training, security and certain predevelopment costs.

  (c) The community development financial institution shall work with existingstate and federal agencies, including the small business capital access program,the United States Department of the Treasury, the United States Departmentof Health and Human Services and the United States Department of Agriculture,regarding financing. To secure grants from private sources, the communitydevelopment financial institution shall consult with organizations with expertisewith food access to analyze market opportunities in underserved communities,conduct outreach and marketing to food retailers and determine the siteeligibility of applicants.

  (d) The community development financial institution shall work in conjunctionwith local community colleges and vocational education institutions to developprograms designed to train and educate food sellers respecting the designatingand marketing of nutritious foods and to assist in the development of publiceducation programs designed to make the buying public aware of the need fornutritious foods and the identity of nutritious foods.

  (e) A community development financial institution that serves an underservedcommunity shall cooperate with the Massachusetts food policy council to promoteand develop farmers’ market programs within targeted communities wherelocal growers shall be given the opportunity to market their produce and toeducate residents as to the nutritional importance of their produce.

  (f) In order to be eligible for financial assistance, a project shall demonstrateto a community development financial institution through impact statementsthat it is able to provide a positive economic and social impact to its localcommunity.

  (g) An impact statement shall be submitted to a community developmentfinancial institution upon application and not later than February 1 annuallyeach successive year. An impact statement shall include: (i) the positive economicimpact provided to the community through job training and employmentpractices; (ii) information on women and people of color; and (iii) information onveteran status of ownership and full-time employees. Failure of a recipient offinancial assistance from a community development financial institution to showpositive economic and social impact may be cause for the community developmentfinancial institution to discontinue financial assistance to the recipient.

  (h) To the maximum extent practicable, a recipient of financial assistancefrom a community development financial institution shall provide healthy andnutritious food to its customer base and shall promote community developmentby working with other state and local programs.

  (i) A community development financial institution that serves an underservedcommunity shall forward the annual impact reports collected from supermarkets,farmers’ markets or food stores to the Massachusetts food policy counciland shall include the following information: (1) the recipients of financialassistance from community development financial institutions; (2) the totalamount of funds obtained by each recipient; and (3) the number of employees ineach 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 consultwith the department of agricultural resources to develop and implement theMassachusetts Food Trust Program. To the maximum extent feasible, thecommunity development financial institution and the executive office of housingand economic development shall seek to align efforts with the recommendationsof the most recent Massachusetts local food action plan as accepted by theMassachusetts food policy council or subsequent plans accepted by the council.

[ Subsection (j) as amended by 2023, 7, Sec. 97 effective May 30, 2023. See2023, 7, Sec. 298. For text effective until May 30, 2023, see above.]

  (j) The executive office of economic development shall consult with thedepartment of agricultural resources to develop and implement the MassachusettsFood Trust Program. To the maximum extent feasible, the communitydevelopment financial institution and the executive office of economic developmentshall seek to align efforts with the recommendations of the most recentMassachusetts local food action plan as accepted by the Massachusetts foodpolicy council or subsequent plans accepted by the council.