S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1179
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced  by  M.  of  A.  SIMANOWITZ  -- read once and referred to the
   Committee on Agriculture
 
 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:
   § 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.
   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

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

                                                            LBD00214-01-7

 A. 1179                             2
 
 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 EIGHTEEN 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.
   § 2. This act shall take effect immediately.