S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4996
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by  M.  of A. SLATER, BEEPHAN, BENDETT, E. BROWN, DeSTEFANO,
   GALLAHAN, HAWLEY, MAHER, MILLER, TAGUE -- read once  and  referred  to
   the Committee on Agriculture
 
 AN  ACT  to amend the agriculture and markets law, in relation to estab-
   lishing a community gardening grant program to strengthen  local  food
   chain resiliency

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The agriculture and markets law is amended by adding a  new
 section 31-k to read as follows:
   §  31-K.  FOOD  CHAIN  RESILIENCY  THROUGH  COMMUNITY  GARDENING GRANT
 PROGRAM. 1.  DEFINITION. FOR PURPOSES OF THIS SECTION, "ELIGIBLE ENTITY"
 MEANS A NONPROFIT ORGANIZATION AND ANY  CITY,  COUNTY,  TOWN,  TOWNSHIP,
 VILLAGE,  OR  OTHER  GENERAL PURPOSE POLITICAL SUBDIVISION OF THE STATE,
 EXCLUDING CITIES WITH A POPULATION OF ONE MILLION OR MORE.
   2. FOOD CHAIN RESILIENCY THROUGH COMMUNITY  GARDENING  GRANT  PROGRAM.
 THERE  IS HEREBY CREATED WITHIN THE DEPARTMENT THE FOOD CHAIN RESILIENCY
 THROUGH COMMUNITY GARDENING GRANT PROGRAM. SUBJECT TO  THE  AVAILABILITY
 OF  FUNDS,  THE  DEPARTMENT  SHALL  AWARD GRANTS TO ELIGIBLE ENTITIES TO
 EXPAND, ESTABLISH, OR MAINTAIN COMMUNITY  GARDENS  FOR  THE  PURPOSE  OF
 STRENGTHENING THE RESILIENCY OF LOCAL FOOD SUPPLY CHAINS.
   3.  ELIGIBLE  PROJECTS.  PROJECTS  ELIGIBLE  UNDER  THIS SECTION SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (A) THE ESTABLISHMENT OF A COMMUNITY  GARDEN,  THE  PURPOSE  OF  WHICH
 SHALL BE TO SUPPORT THE NEEDS OF LOCAL FOOD BANKS AND FOOD PANTRIES;
   (B)  A COMMUNITY GARDEN ESTABLISHED ON LAND OWNED BY AN ELIGIBLE ENTI-
 TY;
   (C) RE-GRANTING TO OTHER ORGANIZATIONS TO SUPPORT STARTUPS AND CAPACI-
 TY BUILDING;
   (D) PLANNING AND CONSULTING; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08552-02-3
 A. 4996                             2
              

 
   (E) IMPROVEMENTS TO INFRASTRUCTURE RELATED TO  FOOD  PRODUCTION,  FOOD
 STORAGE, AND FOOD DISTRIBUTION AREAS.
   4. ELIGIBLE COSTS. (A) FUNDING WILL BE AVAILABLE THROUGH A COMPETITIVE
 PROCESS   TO  SUPPORT  PROJECTS  THAT  FOCUS  ON  INCREASED  LOCAL  FOOD
 PRODUCTION AND IMPROVED LOCAL FOOD RESILIENCY. ELIGIBLE  GRANT  EXPENSES
 SHALL INCLUDE, BUT ARE NOT LIMITED TO:
   (I)  EQUIPMENT FOR FOOD STORAGE, INCLUDING REFRIGERATORS, FOOD STORAGE
 BINS, AND SHELVES;
   (II) EQUIPMENT FOR FOOD PRODUCTION AND GARDENING, INCLUDING COSTS  FOR
 THE RENTAL OR PURCHASE OF GARDEN EQUIPMENT AND TOOLS;
   (III)  OPERATING  EXPENSES INCLUDING SEEDS, PLANTS, POLLINATOR PLANTS,
 FENCING, IRRIGATION  SUPPLIES,  GARDEN  MAINTENANCE  AND  BEAUTIFICATION
 PROJECTS;
   (IV) OTHER CAPITAL IMPROVEMENTS; AND
   (V) COSTS ASSOCIATED WITH PREPARING AN APPLICATION.
   (B)  ELIGIBLE  ENTITIES  SHALL PROVIDE TEN PERCENT FUNDING, LEVERAGING
 NINETY PERCENT IN STATE FUNDS.  GRANTS  TO  ELIGIBLE  ENTITIES  MAY  NOT
 EXCEED  THIRTY  THOUSAND  DOLLARS, TO BE DISBURSED OVER A PERIOD OF TIME
 NOT TO EXCEED THREE  YEARS,  AFTER  WHICH  ELIGIBLE  ENTITIES  WOULD  BE
 REQUIRED TO RE-APPLY FOR GRANT FUNDING.
   5.  APPLICATION.  IN  ORDER  TO RECEIVE A GRANT UNDER THIS SECTION, AN
 ELIGIBLE ENTITY SHALL SUBMIT TO THE DEPARTMENT AN  APPLICATION  AT  SUCH
 TIME,  IN SUCH MANNER, AND CONTAINING SUCH INFORMATION AS THE DEPARTMENT
 MAY REQUIRE, INCLUDING:
   (A) AN ASSURANCE THAT PRIORITY FOR VOLUNTEERS NEEDED  FOR  THE  EXPAN-
 SION,  ESTABLISHMENT, OR MAINTENANCE OF A COMMUNITY GARDEN FUNDED WITH A
 GRANT RECEIVED UNDER THIS SECTION  WILL  BE  GIVEN  TO  INDIVIDUALS  WHO
 RESIDE IN THE COMMUNITY WHERE THE GARDEN IS LOCATED; AND
   (B) A DEMONSTRATION THAT THE ELIGIBLE ENTITY IS COMMITTED TO PROVIDING
 FINANCIAL  OR  IN-KIND  SUPPORT  FOR  THE COMMUNITY GARDEN FOR WHICH THE
 ENTITY RECEIVES FUNDS UNDER THIS SECTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.