S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2767
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to  expand-
   ing  the  production  of  fresh  fruits  and  vegetables  by community
   gardens; to amend the general city law, the town law, the village law,
   the general municipal law and the highway law, in relation to  direct-
   ing  the state and municipalities to develop more and safer bike lanes
   and multiple use trails so as to encourage more physical activity  and
   to  reduce  carbon  emissions;  and to amend the parks, recreation and
   historic preservation law, in relation  to  directing  the  office  of
   parks,  recreation and historic preservation to develop more and safer
   multiple use trails in state parks in and throughout the state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 31-f of the agriculture and markets law, as added
 by chapter 528 of the laws of 2013, is amended to read as follows:
   §  31-f.  Legislative  findings.  The  legislature  hereby  finds  and
 declares  that community gardens provide significant health, educational
 and social benefits to the general  public,  especially  for  those  who
 reside in urban and suburban areas of this state. Furthermore, it is the
 articulated  public policy of this state to promote and foster growth in
 the number of community gardens and the acreage  of  such  gardens.  The
 community  garden  movement  continues  to provide low cost food that is
 fresh and nutritious for those who may be unable to  readily  afford  OR
 HAVE  EASY ACCESS TO fresh fruits and vegetables for themselves or their
 families, promotes public health and healthier individual lifestyles  by
 encouraging  better  eating  habits  and  increased physical activity by
 growing their own food, fosters the  retention  and  expansion  of  open
 spaces,  particularly in urban environments, enhances urban and suburban
 environmental quality and community beautification, provides inexpensive
 community building activities, recreation and physical exercise for  all
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06133-01-9

 S. 2767                             2
 
 age groups, establishes a safe place for community involvement and helps
 to  reduce  the  incidence  of  crime,  engenders  a closer relationship
 between urban residents, nature and their local environment, and fosters
 green  job training and ecological education at all levels. It is there-
 fore the intent of the legislature and the purpose of  this  article  to
 foster growth in the number, size and scope of community gardens in this
 state  by encouraging state agencies, municipalities and private parties
 in their efforts to promote community gardens.
   § 2. Paragraph f of subdivision 2 of section 31-h of  the  agriculture
 and markets law, as added by chapter 528 of the laws of 2013, is amended
 to read as follows:
   f.  Assist,  support  and  encourage communication, and the sharing of
 resources between community garden organizations  [and],  the  New  York
 Harvest  For  New  York  Kids Week program established by the department
 pursuant to subdivision five-b of section sixteen of this chapter[,] and
 individual farm-to-school and school garden programs, AND, WHERE  APPLI-
 CABLE,  THE DEPARTMENT OF HEALTH, THE DEPARTMENT OF STATE, THE OFFICE OF
 CHILDREN AND FAMILY SERVICES AND THE DIVISION OF HOUSING  AND  COMMUNITY
 RENEWAL.
   § 3. Paragraph (a) of subdivision 4 of section 31-j of the agriculture
 and  markets  law,  as  amended  by  chapter 154 of the laws of 2015, is
 amended to read as follows:
   (a) The goals of the task force may include, but are not  limited  to,
 the study, evaluation and development of recommendations: (i) to encour-
 age  the establishment and expansion of community gardens by state agen-
 cies, municipal governments and private parties, (ii) to encourage coop-
 eration 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 organ-
 izations to increase the opportunities for  seniors,  those  aged  sixty
 years  of  age or older, to participate in community gardens, AND (V) TO
 ENCOURAGE THE EXPANSION OF THE PRODUCTION OF FRESH FRUITS AND VEGETABLES
 IN AREAS SERVED BY COMMUNITY GARDENS SO THAT SUCH FRESH PRODUCE  CAN  BE
 CONSUMED  LOCALLY  TO HELP ENCOURAGE HEALTHIER LIFE STYLES AND WELLNESS,
 AND TO HELP REDUCE THE INCIDENCE OF ADULT AND CHILDHOOD OBESITY.
   § 4. Subdivision 4 of section 28-a of the general city law is  amended
 by adding a new paragraph (j-1) to read as follows:
   (J-1)  SPECIFIC POLICIES AND STRATEGIES TO DEVELOP MORE AND SAFER BIKE
 LANES AND MULTIPLE USE TRAILS SO AS TO ENCOURAGE MORE PHYSICAL  ACTIVITY
 AND REDUCE CARBON EMISSIONS.
   §  5.  Subdivision  3  of  section 272-a of the town law is amended by
 adding a new paragraph (j-1) to read as follows:
   (J-1) SPECIFIC POLICIES AND STRATEGIES TO DEVELOP MORE AND SAFER  BIKE
 LANES  AND MULTIPLE USE TRAILS SO AS TO ENCOURAGE MORE PHYSICAL ACTIVITY
 AND REDUCE CARBON EMISSIONS.
   § 6. Subdivision 3 of section 7-722 of the village law is  amended  by
 adding a new paragraph (j-1) to read as follows:
   (J-1)  SPECIFIC POLICIES AND STRATEGIES TO DEVELOP MORE AND SAFER BIKE
 LANES AND MULTIPLE USE TRAILS SO AS TO ENCOURAGE MORE PHYSICAL  ACTIVITY
 AND REDUCE CARBON EMISSIONS.
   §  7.  Subdivision  1 of section 239-d of the general municipal law is
 amended by adding a new paragraph (j-1) to read as follows:

 S. 2767                             3
 
   (J-1) SPECIFIC POLICIES AND STRATEGIES TO DEVELOP MORE AND SAFER  BIKE
 LANES  AND MULTIPLE USE TRAILS SO AS TO ENCOURAGE MORE PHYSICAL ACTIVITY
 AND REDUCE CARBON EMISSIONS;
   §  8.  Subdivision  (b) of section 331 of the highway law, as added by
 chapter 398 of the laws of 2011, is amended to read as follows:
   (b) Complete street design features are roadway design  features  that
 accommodate  and facilitate convenient access and mobility by all users,
 including current and projected users, particularly  pedestrians,  bicy-
 clists  and  individuals  of  all ages and abilities ENGAGED IN PHYSICAL
 ACTIVITY. These features may include, but need not be limited to:  side-
 walks,  paved  shoulders suitable for use by bicyclists AND PEDESTRIANS,
 lane striping, bicycle  lanes,  MULTIPLE  USE  TRAILS,  share  the  road
 signage,  crosswalks,  road diets, pedestrian control signalization, bus
 pull outs, curb cuts, raised crosswalks and ramps  and  traffic  calming
 measures; and recognize that the needs of users of the road network vary
 according to a rural, urban and suburban context.
   §  9.  Subdivision  10  of  section  3.09 of the parks, recreation and
 historic preservation law is amended to read as follows:
   10. Encourage, promote  and  provide  recreational  opportunities  for
 residents  of  urban  as  well  as  suburban  and rural areas, WHICH MAY
 INCLUDE, BUT NOT BE LIMITED TO, THE DEVELOPMENT OF MORE AND SAFER MULTI-
 PLE USE TRAILS IN STATE PARKS AND THROUGHOUT THE STATE SO AS TO  ENCOUR-
 AGE MORE PHYSICAL ACTIVITY.
   § 10. This act shall take effect immediately.