S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9408
 
                           I N  A S S E M B L Y
 
                              March 13, 2024
                                ___________
 
 Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
   tee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to  provid-
   ing additional duties of the community 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 is  amended
 by adding a new subdivision 6 to read as follows:
   6.  (A)  THE  TASK  FORCE SHALL CONDUCT AN ASSESSMENT OF ALL COMMUNITY
 GARDENS LOCATED ON PUBLICLY OWNED LAND IN THE STATE TO  FACILITATE  EACH
 ELIGIBLE  GARDEN'S  DESIGNATION  AS  A CRITICAL ENVIRONMENTAL AREA (CEA)
 PURSUANT TO PARAGRAPH ONE OF SUBDIVISION (G) OF SECTION 617.14 OF  TITLE
 SIX  OF  THE OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE
 STATE OF NEW YORK. THE TASK FORCE SHALL PROVIDE A STATUS REPORT  ON  THE
 ASSESSMENT  TO  THE  GOVERNOR  AND  THE LEGISLATURE ON OR BEFORE JANUARY
 FIRST, TWO THOUSAND TWENTY-FIVE, AND SHALL COMPLETE SUCH  ASSESSMENT  ON
 OR  BEFORE  JANUARY FIRST, TWO THOUSAND TWENTY-SIX. THE TASK FORCE SHALL
 CONDUCT ADDITIONAL ASSESSMENTS OF ANY NEW COMMUNITY GARDENS ON  PUBLICLY
 OWNED  LAND  ON  OR  BEFORE JANUARY FIRST, TWO THOUSAND THIRTY AND ON OR
 BEFORE JANUARY FIRST OF EACH FIFTH YEAR THEREAFTER.  IN  CONDUCTING  THE
 ASSESSMENT, THE TASK FORCE SHALL:
   (I)  CONSULT,  TO  THE  FULLEST  EXTENT POSSIBLE, WITH MEMBERS OF EACH
 COMMUNITY GARDEN REGARDING THE GARDEN'S CHARACTERISTICS;
   (II) CONSULT, TO THE FULLEST EXTENT POSSIBLE, WITH THE  DEPARTMENT  OF
 ENVIRONMENTAL  CONSERVATION  REGARDING  THE  REQUIREMENTS FOR CEA DESIG-
 NATION; AND
   (III) PREPARE A WRITTEN SUMMARY OF ITS FINDINGS REGARDING EACH  COMMU-
 NITY GARDEN THAT SHALL INCLUDE:
   (A) THE NAME AND ADDRESS OF THE GARDEN;
   (B)  THE  NAME OF THE STATE OR LOCAL AGENCY THAT HAS JURISDICTION OVER
 THE GARDEN;
   (C) A DESCRIPTION OF ALL THE CHARACTERISTICS OF THE GARDEN THAT  COVER
 THE  FACTORS  IN  PARAGRAPH  ONE OF SUBDIVISION (G) OF SECTION 617.14 OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02740-04-4
              

 A. 9408                             2
 
 TITLE SIX OF THE OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF
 THE STATE OF NEW YORK;
   (D)  THE  TASK FORCE'S CONCLUSION AS TO WHETHER THE CURRENTLY UNDESIG-
 NATED GARDEN MEETS THE REQUIREMENT FOR CEA DESIGNATION; AND
   (E) ANY OTHER INFORMATION THE TASK FORCE DEEMS APPROPRIATE.
   (B) UPON COMPLETION OF THE ASSESSMENT, THE TASK FORCE  SHALL,  TO  THE
 EXTENT  POSSIBLE,  PROVIDE  THE  WRITTEN  SUMMARIES OF ITS FINDINGS TO A
 MEMBER OF EACH GARDEN'S LEADERSHIP AND, FOR THE COMMUNITY  GARDENS  THAT
 ARE  CURRENTLY UNDESIGNATED AND THAT MEET THE REQUIREMENT FOR CEA DESIG-
 NATION, PROVIDE THE WRITTEN SUMMARIES OF ITS FINDINGS  TO  THE  AGENCIES
 WITH JURISDICTION OVER THE GARDENS, ALONG WITH A RECOMMENDATION THAT THE
 AGENCIES DESIGNATE THE GARDENS AS CEAS.
   § 2. This act shall take effect immediately.