PRINTER'S NO. 947
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
154
Session of
2017
INTRODUCED BY KINSEY, YOUNGBLOOD, DRISCOLL, MURT, McNEILL,
SCHLOSSBERG, CALTAGIRONE, READSHAW, O'NEILL, D. COSTA,
V. BROWN AND BRIGGS, MARCH 16, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 16, 2017
A RESOLUTION
Directing the Joint State Government Commission to conduct a
study and report on restrictive covenants involving large
grocery stores or supermarkets in this Commonwealth.
WHEREAS, According to the United States Department of
Agriculture, approximately 30 million Americans do not have
access to affordable and healthy food; and
WHEREAS, Healthy food retail can significantly boost the
economy of a community by providing jobs for local residents,
increasing housing values and encouraging further economic
development; and
WHEREAS, Residents in certain urban and rural communities,
referred to as food deserts, suffer from obesity, diabetes and
other diet-related diseases at disproportionately higher rates;
and
WHEREAS, Restrictive covenants and other usage restrictions
involving large grocery stores or supermarkets that prohibit
competitor businesses from occupying a property after the
property is sold or transferred negatively impact communities by
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potentially stripping communities of their only quality food
source and leaving their residents with fewer and less desirable
locations at which to purchase food, such as higher-priced
convenience stores and fast-food chains; and
WHEREAS, It is the responsibility of the Commonwealth to
ensure public health, safety and the general welfare of its
residents by promoting access to affordable healthy food retail;
and
WHEREAS, There is a need for a comprehensive review to
determine best practices for reducing regulatory barriers to
investments involving large grocery stores or supermarkets to
promote healthy food access in communities across this
Commonwealth; therefore be it
RESOLVED, That the House of Representatives direct the Joint
State Government Commission to conduct a study and report on
restrictive covenants involving large grocery stores or
supermarkets in this Commonwealth; and be it further
RESOLVED, That the Joint State Government Commission:
(1) review laws, regulations, practices, procedures and
applicable municipal ordinances regarding restrictive
covenants and other usage restrictions or barriers to
investments involving large grocery stores or supermarkets;
(2) identify the nature and number of restrictive
covenants that prohibit or limit grocery store or supermarket
competitors from occupying a property after the property is
sold or transferred, with attention given to at least one of
the major metropolitan areas in this Commonwealth;
(3) examine quality food access in lower-income rural
communities in this Commonwealth; and
(4) identify instances where a food retailer would
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develop a property if a restrictive covenant prohibiting the
property's use as a grocery store or supermarket were not in
place;
and be it further
RESOLVED, That, in conducting this study, the Joint State
Government Commission consult with representatives from the
public and private sectors within this Commonwealth, including,
but not limited to, the following:
(1) representatives of business entities and nonprofit
entities;
(2) public officials from urban and rural areas across
this Commonwealth;
(3) representatives of State and local governments; and
(4) other relevant agencies or organizations;
and be it further
RESOLVED, That the Joint State Government Commission accept
and review oral or written comments, documents and other
information from persons seeking to provide input regarding this
study; and be it further
RESOLVED, That the Joint State Government Commission report
its findings, along with any statutory or regulatory
recommendations, to the House of Representatives within one year
of the adoption of this resolution.
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