S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5026--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 29, 2015
                               ___________

Introduced  by  Sens. COMRIE, ADDABBO, MONTGOMERY, PANEPINTO, PERKINS --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee on Agriculture -- recommitted to the Committee on Agri-
  culture in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the agriculture and markets law, in relation to a commu-
  nity gardens task force

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 31-j of the agriculture and markets law,  as  added
by  chapter  528  of the laws of 2013, paragraph (a) of subdivision 4 as
amended by chapter 154 of the laws  of  2015,  is  amended  to  read  as
follows:
  S  31-j. Community gardens task force. 1. The commissioner [may] SHALL
convene a community gardens task force to identify and develop  ways  to
encourage  state  agencies, municipalities and private parties to estab-
lish and expand community gardens and the activities conducted  by  such
gardens.
  2.  The  task  force  shall be chaired by the commissioner, or by such
officer or employee of the department as  shall  be  designated  by  the
commissioner.  The  membership  of  the task force may include represen-
tation from appropriate state agencies and members that represent exist-
ing  community  gardens,  counties,  cities,  towns,  villages,   school
districts,  other  special use districts, public authorities and cooper-
ative extension services. MEMBERSHIP OF THE TASK FORCE SHALL INCLUDE  AT
LEAST TWO REPRESENTATIVES FROM ORGANIZATIONS DEDICATED TO THE PROMOTION,
EXPANSION OR PROTECTION OF COMMUNITY GARDENS.
  3.  The  commissioner, may request the assistance of state agencies to
carry out the work of the task force.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10619-04-6

              

S. 5026--A                          2

  4. (a) The goals of the task force may include, but  are  not  limited
to,  the  study,  evaluation  and development of recommendations: (i) to
encourage the establishment and expansion of community gardens by  state
agencies,  municipal  governments and private parties, (ii) to encourage
cooperation  between  the activities and operations of community gardens
and provision  of  donated  food  to  local  voluntary  food  assistance
programs  for the poor and disadvantaged, (iii) to increase the benefits
that community gardens may provide to the local community in which  they
are  located,  [and]  (iv) to encourage cooperation with community-based
organizations to increase the  opportunities  for  seniors,  those  aged
sixty years of age or older, to participate in community gardens, (V) TO
DEVELOP AFTER SCHOOL PROGRAMS THAT ESTABLISH, MAINTAIN AND EXPAND COMMU-
NITY  GARDENS,  AND  (VI)  TO ENCOURAGE THE DEVELOPMENT AND EXPANSION OF
COMMUNITY GARDENS IN FOOD DESERTS AS  DEFINED  IN  SECTION  TWO  HUNDRED
SIXTY OF THIS CHAPTER.
  (b)  In  achieving  the  goals  of  the task force, the task force may
consider recommendations that: (i) encourage the execution of  conserva-
tion  easements  by state agencies, municipalities or private parties to
establish or protect community gardens, (ii) encourage the  creation  of
mechanisms  to  transfer development rights to protect community gardens
or encourage the donation or lease of lands for community gardens, (iii)
development of model zoning codes, local land use laws or other  munici-
pal  policies  that  could  encourage  the establishment or retention of
community gardens, and (iv) any other  activity  to  achieve  the  goals
deemed appropriate by the task force according to the provisions of this
article.
  5. THE TASK FORCE SHALL SUBMIT A REPORT TO THE GOVERNOR AND THE LEGIS-
LATURE  ON  OR  BEFORE  JANUARY  FIRST, TWO THOUSAND SEVENTEEN AND ON OR
BEFORE JANUARY FIRST OF EACH FIFTH YEAR  THEREAFTER  ON  THE  STATUS  OF
COMMUNITY GARDENS IN NEW YORK STATE. SUCH REPORT SHALL INCLUDE:
  (A) THE NUMBER, NATURE AND GEOGRAPHIC LOCATION OF COMMUNITY GARDENS;
  (B)  A  DESCRIPTION  OF  THE  COSTS, BENEFITS AND IMPACTS OF COMMUNITY
GARDENS;
  (C) AN ASSESSMENT OF THE SUCCESSES, FAILURES AND BARRIERS IN  DEVELOP-
ING, MAINTAINING AND EXPANDING COMMUNITY GARDENS;
  (D) LISTS OF FUNDING SOURCES AVAILABLE TO DEVELOP AND EXPAND COMMUNITY
GARDENS ALONG WITH THE REQUIREMENTS FOR OBTAINING THE FUNDING;
  (E) AN ASSESSMENT OF THE FUNDING, REQUIREMENTS AND BARRIERS FOR DOUBLE
THE NUMBER OF EXISTING COMMUNITY GARDENS;
  (F)  A  DISCUSSION  OF  THE GOALS OUTLINED IN SUBDIVISION FOUR OF THIS
SECTION AND A DESCRIPTION OF THE STEPS AND PROJECTS UNDERTAKEN  TO  MEET
THE GOALS FOR THE TASK FORCE AS ESTABLISHED IN THIS SECTION;
  (G) AN ACTION PLAN FOR DOUBLING THE NUMBER OF COMMUNITY GARDENS IN THE
STATE OF NEW YORK;
  (H) RECOMMENDATIONS FOR DEVELOPING, MAINTAINING AND EXPANDING COMMUNI-
TY GARDENS IN FOOD DESERTS; AND
  (I)  ANY  OTHER  RECOMMENDATIONS  OR  ASSESSMENTS THE TASK FORCE DEEMS
APPROPRIATE FOR THE REPORT.
  BETWEEN REPORT DUE DATES, THE COMMISSIONER SHALL MAINTAIN  THE  NECES-
SARY  RECORDS  AND DATA REQUIRED TO SATISFY SUCH REPORT REQUIREMENTS AND
TO SATISFY INFORMATION REQUESTS  RECEIVED  FROM  THE  GOVERNOR  AND  THE
LEGISLATURE BETWEEN SUCH REPORT DUE DATES.
  S 2. This act shall take effect immediately.