New Jersey 2026-2027 Regular Session

New Jersey Assembly Bill A3540

Introduced
1/13/26  

Caption

"Food Desert Elimination Act"; provides incentives to supermarkets and grocery stores that locate in "food deserts."

Impact

Under this bill, the New Jersey Economic Development Authority will implement a program providing tax credits to businesses that open supermarkets in designated food desert communities. Specifically, businesses that become the first supermarket in these areas will receive a tax credit equivalent to their property tax assessments for four years, providing a strong financial incentive to invest in these communities. Furthermore, the bill allows for special retail distribution permits that would enable such supermarkets to sell alcoholic beverages, loosening restrictions that typically limit the number of retail licenses based on community population.

Summary

A3540, known as the Food Desert Elimination Act, is legislation designed to provide financial incentives for supermarkets and grocery stores to establish and operate in 'food desert' communities in New Jersey. The act addresses the lack of access to nutritious foods in these areas, which is often exacerbated by the absence of supermarkets. It aims to support low-income families, who are disproportionately affected by this issue, by facilitating better access to fresh fruits and vegetables through the establishment of local grocery stores.

Contention

There is expected to be significant support for the Food Desert Elimination Act from various stakeholders, including community organizations and local governments that recognize the need for increased access to healthy food options. However, some opposition may arise regarding the potential impacts on existing local businesses and concerns about alcohol sales in neighborhoods seeking to improve overall health and well-being. The bill's approach to defining food deserts and determining which communities qualify for incentives may also spark debate around fairness and equity.

Implementation

The New Jersey Economic Development Authority will initially designate up to 75 areas as food deserts, with the possibility of adding more regions every three years. The act's implementation will include criteria that factor in poverty statistics and existing access to food sources, ensuring that the program targets the communities that need it most. A reporting mechanism will be established to evaluate the program's effectiveness, ensuring accountability and responsiveness to community needs over time.

Companion Bills

NJ A2762

Carry Over "Food Desert Elimination Act"; provides incentives to supermarkets and grocery stores that locate in "food deserts."

Similar Bills

NJ SR73

Urges Governor and Legislature to establish programs to help eliminate food deserts.

CA AB1857

Unlawfully restrictive covenants: grocery stores and supermarkets.

NJ A2353

Requires certain supermarkets, grocery stores, and food suppliers to donate food under certain circumstances.

AZ HB2848

Restrictive covenants; grocery stores

FL S0852

Food Insecure Areas

FL H0337

Food Insecure Areas

FL H0089

Food Insecure Areas

NJ S92

Requires newly-constructed grocery stores to have generators.