Bill Text: NY A06613 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes the office of urban agriculture.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-01-03 - referred to agriculture [A06613 Detail]

Download: New_York-2023-A06613-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6613

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     April 24, 2023
                                       ___________

        Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
          on Agriculture

        AN ACT to amend the agriculture and markets law, in relation  to  estab-
          lishing the office of urban agriculture

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The article heading of article 2-C of the  agriculture  and
     2  markets  law, as added by chapter 862 of the laws of 1986, is amended to
     3  read as follows:
     4                [COMMUNITY GARDENS] OFFICE OF URBAN AGRICULTURE
     5    § 2. Section 31-f of the agriculture and markets law,  as  amended  by
     6  chapter 272 of the laws of 2019, is amended to read as follows:
     7    §  31-f.  Legislative  findings.  The  legislature  hereby  finds  and
     8  declares that [community gardens] urban agriculture provide  significant
     9  health,  educational,  economic,  and  social  benefits  to  the general
    10  public, especially for those who reside in urban and suburban  areas  of
    11  this  state.  Furthermore,  it  is the articulated public policy of this
    12  state to promote and foster growth in [the number of community  gardens]
    13  urban  agriculture, including but not limited to, urban farms, community
    14  gardens, farmers markets, and community supported  agriculture  and  the
    15  acreage  of  [such  gardens] urban agriculture throughout the state. The
    16  [community garden] urban agriculture movement continues to  provide  low
    17  cost  food  that  is fresh and nutritious for those who may be unable to
    18  readily afford or have easy access to fresh fruits  and  vegetables  for
    19  themselves  or  their  families, allows communities to grow food that is
    20  culturally relevant and significant, promotes public health and healthi-
    21  er  individual  lifestyles  by  encouraging  better  eating  habits  and
    22  increased physical activity by growing their own food, encourages owner-
    23  ship  in agricultural enterprises for socially disadvantaged farmers who
    24  have historically been excluded from the industry, fosters the retention
    25  and expansion of open  spaces,[  particularly  in  urban  environments,]

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05678-01-3
        A. 6613                             2

     1  enhances  urban and suburban environmental quality and community beauti-
     2  fication, provides inexpensive community building activities, recreation
     3  and physical exercise for all age groups, establishes a safe  place  for
     4  community involvement and helps to reduce the incidence of crime, engen-
     5  ders  a  closer  relationship  between urban residents, nature and their
     6  local environment, and fosters green job training and ecological  educa-
     7  tion  at  all  levels. It is therefore the intent of the legislature and
     8  the purpose of this article to foster growth in  the  number,  size  and
     9  scope  of [community gardens] urban agriculture structures in this state
    10  by encouraging state agencies, municipalities  and  private  parties  in
    11  their  efforts  to  promote  [community  gardens] urban farms, community
    12  gardens, farmers markets, community supported agriculture, and any other
    13  agricultural structures in urban areas.
    14    § 3. Section 31-g of the agriculture and  markets  law,  as  added  by
    15  chapter  862 of the laws of 1986 and subdivisions 2 and 3 as amended and
    16  subdivision 4-a as added by chapter 528 of the laws of 2013, is  amended
    17  to read as follows:
    18    § 31-g. Definitions.  As  used in this article, unless another meaning
    19  is clearly indicated:
    20    1. "Community garden" shall mean public or private  lands  upon  which
    21  citizens of the state have the opportunity to garden on lands which they
    22  do not individually own.
    23    2.  "Community supported agriculture partnerships" or "CSA" shall mean
    24  a system that connects farmers and consumers by allowing the consumer to
    25  invest in farmers by subscribing to a harvest of a certain farm or group
    26  of farms, usually done by crop season but may be year round.
    27    3. "Community owned grocery  store"  shall  mean  local  stock  corpo-
    28  rations, owned by residents who buy shares in the business.
    29    4.  "Garden"  shall mean a piece or parcel of land appropriate for the
    30  cultivation of herbs, fruits, flowers,  nuts,  honey,  poultry  for  egg
    31  production,   maple  syrup,  ornamental  or  vegetable  plants,  nursery
    32  products, or vegetables.
    33    [3.] 5. "Municipality" shall mean any  county,  town,  village,  city,
    34  school  district,  board  of  cooperative  educational  services,  other
    35  special district, or any office or agency thereof.
    36    [4.] 6. "Office" shall mean the office of  [community  gardens]  urban
    37  agriculture.
    38    [4-a.]  7.  "State  agency" shall mean any department, bureau, commis-
    39  sion, board, public authority or other agency of  the  state,  including
    40  any  public  benefit  corporation  of which any member of whose board is
    41  appointed by the governor.
    42    [5.] 8. "Urban agriculture" shall mean  food  systems  where  food  is
    43  produced  within  an  urban  area  and marketed to consumers within that
    44  area. Urban agricultural structures may include urban  farms,  community
    45  supported  agriculture, community gardens, and other agricultural struc-
    46  tures in urban areas.
    47    9. "Urban farming" shall mean the production of agricultural  products
    48  such  as  produce  and  animal products, this may include growing crops,
    49  animal husbandry, beekeeping, aquaculture or aquaponics, vertical  farm-
    50  ing,   and  non-food  products  such  as  producing  seeds,  cultivating
    51  seedlings, and growing flowers.
    52    10. "Use" shall mean to avail oneself of or to employ without  convey-
    53  ance of title gardens on vacant public lands by any individual or organ-
    54  ization.
    55    [6.]  11.  "Vacant public land" shall mean any land owned by the state
    56  or a public corporation including a municipality that is not in use  for
        A. 6613                             3

     1  a  public  purpose,  is otherwise unoccupied, idle or not being actively
     2  utilized for a period of at least six months and is suitable for  garden
     3  use.
     4    §  4.  Section  31-h  of  the agriculture and markets law, as added by
     5  chapter 862 of the laws of 1986, subdivision 2 as amended by chapter 528
     6  of the laws of 2013, paragraph e of subdivision 2 as amended by  chapter
     7  525  of the laws of 2014, and paragraph f of subdivision 2 as amended by
     8  chapter 272 of the laws of 2019, is amended to read as follows:
     9    § 31-h. Office  of  [community  gardens]  urban  agriculture;  powers;
    10  duties.  1.  The  commissioner  shall establish within the department an
    11  office of [community gardens] urban agriculture  which  shall  have  the
    12  authority  and  responsibility  for  carrying out the provisions of this
    13  article in  cooperation  with  the  state  department  of  environmental
    14  conservation,  the  state education department, the department of state,
    15  cooperative extensions and other state agencies and municipalities.
    16    2. The duties of the office shall include:
    17    a. [Upon request, the office shall assist  in  the  identification  of
    18  vacant  public land within a given geographical location] In cooperation
    19  with municipalities and land banks, identify,  maintain,  and  update  a
    20  comprehensive  list  of  vacant  public land in urban and suburban areas
    21  across the state and provide information regarding  agency  jurisdiction
    22  and  the  relative  suitability  of such lands for [community gardening]
    23  urban agriculture purposes;
    24    b. Serve as a coordinator on behalf of interested community groups and
    25  the appropriate state or local agencies to facilitate the use of  vacant
    26  public  lands  for [community garden] urban agriculture. If coordinating
    27  for use as a community garden for a nominal or no cost to the community,
    28  use for not less than one growing season  by  receiving  and  forwarding
    29  with  recommendation  completed applications to the appropriate state or
    30  municipal agency.  If leasing for a reasonable price for an  urban  farm
    31  or  other  entrepreneurial agriculture endeavor, lease for not less than
    32  five years or five growing seasons, whichever is longer and relevant  to
    33  the  farm.  Provided,  further,  that  the  office [may] shall develop a
    34  single [recommended] application form to be used by  [community  groups]
    35  individuals  when applying to state agencies [or municipalities] for use
    36  of vacant public land for [community garden] urban agriculture purposes,
    37  and a recommended application form to be used by individuals when apply-
    38  ing to municipalities for use of vacant public land for  urban  agricul-
    39  ture purposes;
    40    c.  Support  and encourage contact between [community garden programs]
    41  urban agriculture structures already in existence and those programs  in
    42  the initial stages of development;
    43    d. Seek and provide such assistance, to the extent funds or grants may
    44  become available, for the purposes identified in this article;
    45    e. Assist, support and encourage contact [and cooperation between, and
    46  the  cooperative  sharing of resources between community garden groups],
    47  partnerships,  distributions,  cooperations,  and   community   outreach
    48  between urban agricultural businesses and organizations, community owned
    49  grocery  stores, school garden programs and local voluntary food assist-
    50  ance programs, such as community food pantries,  soup  kitchens,  senior
    51  centers,  and  other  community  and  not-for-profit  organizations that
    52  provide or distribute food to the elderly, poor, and disadvantaged. Such
    53  support can include the provision of surplus community  garden  food  or
    54  other  agricultural  products  to  such  local voluntary food assistance
    55  programs; and
        A. 6613                             4

     1    f. Assist, support and encourage communication,  and  the  sharing  of
     2  resources  between  [community garden] urban agricultural businesses and
     3  organizations, the New York Harvest  For  New  York  Kids  Week  program
     4  established  by the department pursuant to subdivision five-b of section
     5  sixteen  of this chapter and individual farm-to-school and school garden
     6  programs, and, where applicable, the department of health,  the  depart-
     7  ment  of state, the office of children and family services and the divi-
     8  sion of housing and community renewal.
     9    g. May make agreements with urban agricultural businesses  and  organ-
    10  izations  for assistance in promulgating the programs and efforts of the
    11  office. The commissioner is hereby authorized to enter  into  agreements
    12  with  urban  agricultural businesses and organizations at no direct cost
    13  to support expansion, access, education, and development  of  new  urban
    14  agriculture  structures, particularly for socially disadvantaged farmers
    15  and in food insecure communities.
    16    § 5. Section 31-i of the agriculture and markets law,  as  amended  by
    17  chapter 528 of the laws of 2013, is amended to read as follows:
    18    § 31-i. Use of state or municipally owned land for [community gardens]
    19  urban  agriculture.    1. Any state agency or municipality with title in
    20  fee or of a lesser interest to vacant public land may permit  [community
    21  organizations  to use such lands for community gardening] use, lease, or
    22  sell such lands for urban  agriculture  purposes.  [Such]  When  use  of
    23  vacant  public  land  may  be conditioned on the [community organization
    24  possessing] possession of liability insurance  and  accepting  liability
    25  for  injury  or  damage resulting from use of the vacant public land for
    26  [community gardening] urban agriculture purposes.
    27    2. State agencies and municipalities which have received  an  applica-
    28  tion  for  use,  lease,  or  sale of public lands for [community garden]
    29  urban agriculture purposes shall respond to the applicant within  thirty
    30  days and make a final determination within one hundred eighty days.
    31    §  6.  Section  31-j of the agriculture and markets law, as amended by
    32  chapter 635 of the laws of 2021, is amended to read as follows:
    33    § 31-j. [Community gardens]  Urban  agriculture  task  force.  1.  The
    34  commissioner  shall  convene  [a community gardens] an urban agriculture
    35  task force to identify and develop ways  to  encourage  state  agencies,
    36  municipalities  and  private  parties to establish and expand [community
    37  gardens]  urban  agriculture  and  the  activities  conducted  by   such
    38  [gardens]  entities  and bridge the gap between urban agricultural busi-
    39  ness and organizations and urban food insecurity.
    40    2. The task force shall be [chaired by the commissioner,  or  by  such
    41  officer  or  employee  of  the  department as shall be designated by the
    42  commissioner. The membership of the task  force  may  include  represen-
    43  tation from appropriate state agencies and members that represent exist-
    44  ing   community  gardens,  counties,  cities,  towns,  villages,  school
    45  districts, other special use districts, public authorities  and  cooper-
    46  ative  extension services. Membership of the task force shall include at
    47  least two representatives from organizations dedicated to the promotion,
    48  expansion  or  protection  of  community  gardens.]  comprised  of  nine
    49  members.  Such  task  force  shall  have one ex-officio chairperson, who
    50  shall be the commissioner or his or her designee. Two members  shall  be
    51  appointed  by the governor, two members shall be appointed by the tempo-
    52  rary president of the senate, two members  shall  be  appointed  by  the
    53  speaker  of  the assembly, one member shall be appointed by the minority
    54  leader of the  senate and one member shall be appointed by the  minority
    55  leader  of the assembly. This task force shall be composed of experts in
    56  urban agriculture and individuals that meet the following criteria:
        A. 6613                             5

     1    (a) Owns and operates an urban agricultural business or organization;
     2    (b) Is on the board of a community owned grocery store or coop;
     3    (c) Representative from an organization working on food insecurity and
     4  food apartheids;
     5    (d) Representative culturally engaged community organization; and
     6    (e)  Appointments  should  reflect  the  diversity  of  background and
     7  cultures of urban communities around the state.
     8    3. The commissioner, may request the assistance of state  agencies  to
     9  carry out the work of the task force.
    10    4.  (a)  The  goals of the task force [may] shall include, but are not
    11  limited to, the study, evaluation and  development  of  recommendations:
    12  (i)  to encourage the establishment and expansion of [community gardens]
    13  urban agriculture by state agencies, municipal governments  and  private
    14  parties,  (ii) to encourage cooperation between the activities and oper-
    15  ations of  [community  gardens]  urban  agriculture,  healthy  incentive
    16  programs,  and provision of donated food to local voluntary food assist-
    17  ance programs for the poor and disadvantaged,  (iii)  [to  increase  the
    18  benefits  that  community  gardens may provide to the local community in
    19  which they are located, (iv)] to encourage cooperation  with urban agri-
    20  culture organizations to  increase  the  opportunities  for  immigrants,
    21  those  who  are  undocumented, refugees, temporary protected status, and
    22  other status, to participate in urban  agriculture,  (iv)  to  encourage
    23  cooperation  with  [community-based]  urban agriculture organizations to
    24  increase the opportunities for seniors, those aged sixty years of age or
    25  older, to participate in [community gardens] urban agriculture,  (v)  to
    26  encourage the expansion of the production of fresh fruits and vegetables
    27  in  areas  served  by [community gardens] urban agriculture so that such
    28  fresh produce can be consumed locally to help encourage  healthier  life
    29  styles  and  wellness,  and  to  help  reduce the incidence of adult and
    30  childhood obesity, [(vi) to develop after school  programs  that  estab-
    31  lish,  maintain and expand community gardens, and (vii) to encourage the
    32  development and expansion  of  community  gardens  in  food  deserts  as
    33  defined  in  section  two  hundred  sixty  of  this chapter] and (vi) to
    34  address the issue of food insecurity in urban areas by expanding  access
    35  for  underserved,  nutritionally deficient urban communities to healthy,
    36  locally produced food.
    37    (b) In achieving the goals of the  task  force,  the  task  force  may
    38  consider  recommendations that: (i) encourage the execution of conserva-
    39  tion easements by state agencies, municipalities or private  parties  to
    40  establish or protect [community gardens] urban agriculture, (ii) encour-
    41  age the creation of mechanisms to transfer development rights to protect
    42  [community  gardens]  urban agriculture or encourage the donation, sale,
    43  or lease of lands  for  [community  gardens]  urban  agriculture,  (iii)
    44  development  of model zoning codes, local land use laws or other munici-
    45  pal policies that could encourage  the  establishment  or  retention  of
    46  [community gardens] urban agriculture, and (iv) develop and identify new
    47  and  innovative  methods  to  increase  the  production,  marketing  and
    48  distribution of locally produced, fresh food in urban communities in New
    49  York state, (v) encourage the creation of new  urban  agriculture,  (vi)
    50  develop  and  identify  mechanisms  for urban agriculture to address the
    51  issue of urban food insecurity, such as food supply  networks  in  urban
    52  areas including through, but not limited to local grocers, cooperations,
    53  and  farmers markets,  and (vii) any other activity to achieve the goals
    54  deemed appropriate by the task force according to the provisions of this
    55  article.
        A. 6613                             6

     1    5. [The task force shall submit a  report  to  the  governor  and  the
     2  legislature on or before January first, two thousand twenty-three and on
     3  or  before  January first of each fifth year thereafter on the status of
     4  community gardens in New York state. Such report shall include:
     5    (a) the number, nature and geographic location of community gardens;
     6    (b)  a  description  of  the  costs, benefits and impacts of community
     7  gardens;
     8    (c) an assessment of the successes, failures and barriers in  develop-
     9  ing, maintaining and expanding community gardens;
    10    (d) lists of funding sources available to develop and expand community
    11  gardens along with the requirements for obtaining the funding;
    12    (e) an assessment of the funding, requirements and barriers for double
    13  the number of existing community gardens;
    14    (f)  a  discussion  of  the goals outlined in subdivision four of this
    15  section and a description of the steps and projects undertaken  to  meet
    16  the goals for the task force as established in this section;
    17    (g) an action plan for doubling the number of community gardens in the
    18  state of New York;
    19    (h) recommendations for developing, maintaining and expanding communi-
    20  ty gardens in food deserts; and
    21    (i)  any  other  recommendations  or  assessments the task force deems
    22  appropriate for the report.
    23    Between report due dates, the commissioner shall maintain  the  neces-
    24  sary  records  and data required to satisfy such report requirements and
    25  to satisfy information requests  received  from  the  governor  and  the
    26  legislature  between  such report due dates.] The task force shall write
    27  one report to the legislature and the governor, no  later  than  sixteen
    28  months  after the effective date of the chapter of the laws of two thou-
    29  sand twenty-three which amended this section. The report to the governor
    30  and the legislature shall include the task force's activities,  findings
    31  and recommendations.
    32    §  7.  The  agriculture  and  markets  law  is amended by adding a new
    33  section 31-k to read as follows:
    34    § 31-k. Office of urban agriculture website and  interactive  map.  1.
    35  The  department  shall  establish  a  website  to  promote  the work and
    36  programs of the office of urban agriculture. The  website  must  include
    37  municipal  vacant  land  available for urban agriculture. The department
    38  must provide an opportunity to private entities  to  list  their  vacant
    39  land  for  the purposes of urban agriculture on the website. The website
    40  must include, but is not limited to:
    41    (a) Name, location,  hours  of  operation,  contact  information,  and
    42  hyperlinks,  as  available,  to  all municipalities and private entities
    43  with vacant land for urban agriculture.
    44    (b) The website should have an interactive map where a user  may  find
    45  vacant  land  for  urban  agriculture.  This  information should also be
    46  searchable by town/city,  county,  region  or  any  other  criteria  the
    47  commissioner deems relevant.
    48    (c)  The  website  must  make clear distinctions between municipal and
    49  private entity land, and whether it  is  for  use,  donation,  sale,  or
    50  lease.
    51    2. The department shall establish procedures and timelines for munici-
    52  palities  and  private  entities to provide updated information detailed
    53  above for the website. In these procedures, the department must  provide
    54  a  system  in  which  the information required in the website is updated
    55  monthly and provide continuous maintenance as needed.
        A. 6613                             7

     1    3. The department shall promulgate rules and regulations and take  all
     2  other  actions  necessary  for  the  effective  implementation  of  this
     3  section.  Nothing in this section shall prohibit or  limit  the  depart-
     4  ment's  ability  to expand access to this vacant land for urban agricul-
     5  ture  map  to  all New Yorkers, such as creating a mobile phone applica-
     6  tion.
     7    § 8. This act shall take effect on the ninetieth day  after  it  shall
     8  have  become  a  law.    Effective  immediately, the addition, amendment
     9  and/or repeal of any rule or regulation necessary for the implementation
    10  of this act on  its  effective  date  are  authorized  to  be  made  and
    11  completed on or before such effective date.