S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3242
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced  by  Sens.  COMRIE,  ADDABBO,  MONTGOMERY  --  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 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

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

                                                            LBD01028-02-9

 S. 3242                             2
 
 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 TWENTY 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.