S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3588--A
     Cal. No. 666
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2017
                                ___________
 
 Introduced  by  Sens.  COMRIE,  ADDABBO,  MONTGOMERY  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Agriculture  -- recommitted to the Committee on Agriculture in accord-
   ance with Senate Rule 6,  sec.  8  --  reported  favorably  from  said
   committee,  ordered  to first report, amended on first report, ordered
   to a second report and ordered reprinted, retaining its place  in  the
   order of second report
 
 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00214-02-8

 S. 3588--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 NINETEEN 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.