Assembly Bill A9403

Signed By Governor
2023-2024 Legislative Session

Relates to the use of property in a land bank for community gardens

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Actions
Votes

Bill Amendments

co-Sponsors

2023-A9403 - Details

Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1608, N-PC L

2023-A9403 - Summary

Permits a land bank prioritize the use of property for a community garden.

2023-A9403 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9403
 
                           I N  A S S E M B L Y
 
                               March 6, 2024
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Local Governments
 
 AN ACT to amend the  not-for-profit  corporation  law,  in  relation  to
   enacting the "urban farming land initiative act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "urban farming land initiative act".
   §  2. Section 1608 of the not-for-profit corporation law is amended by
 adding a new paragraph (k) to read as follows:
   (K)(I) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, EACH  LAND  BANK
 SHALL  UTILIZE  TEN  PERCENT  OF  THE  ACREAGE OF ITS PROPERTIES FOR THE
 PURPOSE OF URBAN AGRICULTURE  OR  COMMUNITY  GARDENS.  A  LAND  BANK  IS
 AUTHORIZED  TO  ENTER INTO CONTRACTS AND ANY OTHER INSTRUMENTS NECESSARY
 TO EFFECTUATE THIS PARAGRAPH.
   (II) FOR THE PURPOSES OF THIS PARAGRAPH:
   (1) "COMMUNITY GARDEN" SHALL MEAN LAND BANK PROPERTY UPON WHICH  CITI-
 ZENS  OF  THE  MUNICIPALITY  IN  WHICH THE LAND BANK IS LOCATED HAVE THE
 OPPORTUNITY TO GARDEN BUT THEY DO NOT INDIVIDUALLY OWN; AND
   (2) "URBAN FARMING" SHALL MEAN THE PRODUCTION OF AGRICULTURAL PRODUCTS
 SUCH AS PRODUCE AND ANIMAL PRODUCTS; THIS  MAY  INCLUDE  GROWING  CROPS,
 ANIMAL  HUSBANDRY, BEEKEEPING, AQUACULTURE OR AQUAPONICS, VERTICAL FARM-
 ING,  AND  NON-FOOD  PRODUCTS  SUCH  AS  PRODUCING  SEEDS,   CULTIVATING
 SEEDLINGS, AND GROWING FLOWERS.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14131-01-4

co-Sponsors

2023-A9403A (ACTIVE) - Details

Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1608, N-PC L

2023-A9403A (ACTIVE) - Summary

Permits a land bank prioritize the use of property for a community garden.

2023-A9403A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9403--A
 
                           I N  A S S E M B L Y
 
                               March 6, 2024
                                ___________
 
 Introduced  by  M. of A. SANTABARBARA, GUNTHER, DAVILA, MANKTELOW, TAGUE
   -- read once and referred to the Committee  on  Local  Governments  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the not-for-profit corporation law, in relation  to  the
   use of property in a land bank for the creation of a community garden

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Paragraph (e) of section 1609 of the not-for-profit corpo-
 ration law, as added by chapter 257 of the laws of 2011, is  amended  to
 read as follows:
   (e)  A foreclosing governmental unit may, in its local law, resolution
 or ordinance creating a land bank, or, in the case of multiple foreclos-
 ing governmental units creating a single land  bank  in  the  applicable
 intergovernmental  cooperation agreement, establish a hierarchical rank-
 ing of priorities for the use of real property conveyed by a  land  bank
 including but not limited to:
   (1)  use  for  purely  public  spaces  and places, INCLUDING COMMUNITY
 GARDENS;
   (2) use for affordable housing;
   (3) use for retail, commercial and industrial activities;
   (4) use as wildlife conservation areas; and
   (5) such other uses and in such hierarchical order  as  determined  by
 the foreclosing governmental unit or units.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14131-02-4

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