Bill Text: NY S04754 | 2025-2026 | General Assembly | Introduced
Bill Title: Establishes the office of urban agriculture.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced) 2025-02-12 - REFERRED TO AGRICULTURE [S04754 Detail]
Download: New_York-2025-S04754-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4754 2025-2026 Regular Sessions IN SENATE February 12, 2025 ___________ Introduced by Sens. BAILEY, COMRIE, MAY, RAMOS, ROLISON, WEBB -- 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 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01181-01-5S. 4754 2 1 and expansion of open spaces,[particularly in urban environments,] 2 enhances urban and suburban environmental quality and community beauti- 3 fication, provides inexpensive community building activities, recreation 4 and physical exercise for all age groups, establishes a safe place for 5 community involvement and helps to reduce the incidence of crime, engen- 6 ders a closer relationship between urban residents, nature and their 7 local environment, and fosters green job training and ecological educa- 8 tion at all levels. It is therefore the intent of the legislature and 9 the purpose of this article to foster growth in the number, size and 10 scope of [community gardens] urban agriculture structures in this state 11 by encouraging state agencies, municipalities and private parties in 12 their efforts to promote [community gardens] urban farms, community 13 gardens, farmers markets, community supported agriculture, and any other 14 agricultural structures in urban areas. 15 § 3. Section 31-g of the agriculture and markets law, as added by 16 chapter 862 of the laws of 1986 and subdivisions 2 and 3 as amended and 17 subdivision 4-a as added by chapter 528 of the laws of 2013, is amended 18 to read as follows: 19 § 31-g. Definitions. As used in this article, unless another meaning 20 is clearly indicated: 21 1. "Community garden" shall mean public or private lands upon which 22 citizens of the state have the opportunity to garden on lands which they 23 do not individually own. 24 2. "Community supported agriculture partnerships" or "CSA" shall mean 25 a system that connects farmers and consumers by allowing the consumer to 26 invest in farmers by subscribing to a harvest of a certain farm or group 27 of farms, usually done by crop season but may be year round. 28 3. "Community owned grocery store" shall mean local stock corpo- 29 rations, owned by residents who buy shares in the business. 30 4. "Garden" shall mean a piece or parcel of land appropriate for the 31 cultivation of herbs, fruits, flowers, nuts, honey, poultry for egg 32 production, maple syrup, ornamental or vegetable plants, nursery 33 products, or vegetables. 34 [3.] 5. "Municipality" shall mean any county, town, village, city, 35 school district, board of cooperative educational services, other 36 special district, or any office or agency thereof. 37 [4.] 6. "Office" shall mean the office of [community gardens] urban 38 agriculture. 39 [4-a.] 7. "State agency" shall mean any department, bureau, commis- 40 sion, board, public authority or other agency of the state, including 41 any public benefit corporation of which any member of whose board is 42 appointed by the governor. 43 [5.] 8. "Urban agriculture" shall mean food systems where food is 44 produced within an urban area and marketed to consumers within that 45 area. Urban agricultural structures may include urban farms, community 46 supported agriculture, community gardens, and other agricultural struc- 47 tures in urban areas. 48 9. "Urban farming" shall mean the production of agricultural products 49 such as produce and animal products, this may include growing crops, 50 animal husbandry, beekeeping, aquaculture or aquaponics, vertical farm- 51 ing, and non-food products such as producing seeds, cultivating 52 seedlings, and growing flowers. 53 10. "Use" shall mean to avail oneself of or to employ without convey- 54 ance of title gardens on vacant public lands by any individual or organ- 55 ization.S. 4754 3 1 [6.] 11. "Vacant public land" shall mean any land owned by the state 2 or a public corporation including a municipality that is not in use for 3 a public purpose, is otherwise unoccupied, idle or not being actively 4 utilized for a period of at least six months and is suitable for garden 5 use. 6 § 4. Section 31-h of the agriculture and markets law, as added by 7 chapter 862 of the laws of 1986, subdivision 2 as amended by chapter 528 8 of the laws of 2013, paragraph e of subdivision 2 as amended by chapter 9 525 of the laws of 2014, and paragraph f of subdivision 2 as amended by 10 chapter 272 of the laws of 2019, is amended to read as follows: 11 § 31-h. Office of [community gardens] urban agriculture; powers; 12 duties. 1. The commissioner shall establish within the department an 13 office of [community gardens] urban agriculture which shall have the 14 authority and responsibility for carrying out the provisions of this 15 article in cooperation with the state department of environmental 16 conservation, the state education department, the department of state, 17 cooperative extensions and other state agencies and municipalities. 18 2. The duties of the office shall include: 19 a. [Upon request, the office shall assist in the identification of20vacant public land within a given geographical location] In cooperation 21 with municipalities and land banks, identify, maintain, and update a 22 comprehensive list of vacant public land in urban and suburban areas 23 across the state and provide information regarding agency jurisdiction 24 and the relative suitability of such lands for [community gardening] 25 urban agriculture purposes; 26 b. Serve as a coordinator on behalf of interested community groups and 27 the appropriate state or local agencies to facilitate the use of vacant 28 public lands for [community garden] urban agriculture. If coordinating 29 for use as a community garden for a nominal or no cost to the community, 30 use for not less than one growing season by receiving and forwarding 31 with recommendation completed applications to the appropriate state or 32 municipal agency. If leasing for a reasonable price for an urban farm 33 or other entrepreneurial agriculture endeavor, lease for not less than 34 five years or five growing seasons, whichever is longer and relevant to 35 the farm. Provided, further, that the office [may] shall develop a 36 single [recommended] application form to be used by [community groups] 37 individuals when applying to state agencies [or municipalities] for use 38 of vacant public land for [community garden] urban agriculture purposes, 39 and a recommended application form to be used by individuals when apply- 40 ing to municipalities for use of vacant public land for urban agricul- 41 ture purposes; 42 c. Support and encourage contact between [community garden programs] 43 urban agriculture structures already in existence and those programs in 44 the initial stages of development; 45 d. Seek and provide such assistance, to the extent funds or grants may 46 become available, for the purposes identified in this article; 47 e. Assist, support and encourage contact [and cooperation between, and48the cooperative sharing of resources between community garden groups], 49 partnerships, distributions, cooperations, and community outreach 50 between urban agricultural businesses and organizations, community owned 51 grocery stores, school garden programs and local voluntary food assist- 52 ance programs, such as community food pantries, soup kitchens, senior 53 centers, and other community and not-for-profit organizations that 54 provide or distribute food to the elderly, poor, and disadvantaged. Such 55 support can include the provision of surplus community garden food orS. 4754 4 1 other agricultural products to such local voluntary food assistance 2 programs; and 3 f. Assist, support and encourage communication, and the sharing of 4 resources between [community garden] urban agricultural businesses and 5 organizations, the New York Harvest For New York Kids Week program 6 established by the department pursuant to subdivision five-b of section 7 sixteen of this chapter and individual farm-to-school and school garden 8 programs, and, where applicable, the department of health, the depart- 9 ment of state, the office of children and family services and the divi- 10 sion of housing and community renewal. 11 g. May make agreements with urban agricultural businesses and organ- 12 izations for assistance in promulgating the programs and efforts of the 13 office. The commissioner is hereby authorized to enter into agreements 14 with urban agricultural businesses and organizations at no direct cost 15 to support expansion, access, education, and development of new urban 16 agriculture structures, particularly for socially disadvantaged farmers 17 and in food insecure communities. 18 § 5. Section 31-i of the agriculture and markets law, as amended by 19 chapter 528 of the laws of 2013, is amended to read as follows: 20 § 31-i. Use of state or municipally owned land for [community gardens] 21 urban agriculture. 1. Any state agency or municipality with title in 22 fee or of a lesser interest to vacant public land may permit [community23organizations to use such lands for community gardening] use, lease, or 24 sell such lands for urban agriculture purposes. [Such] When use of 25 vacant public land may be conditioned on the [community organization26possessing] possession of liability insurance and accepting liability 27 for injury or damage resulting from use of the vacant public land for 28 [community gardening] urban agriculture purposes. 29 2. State agencies and municipalities which have received an applica- 30 tion for use, lease, or sale of public lands for [community garden] 31 urban agriculture purposes shall respond to the applicant within thirty 32 days and make a final determination within one hundred eighty days. 33 § 6. Section 31-j of the agriculture and markets law, as amended by 34 chapter 635 of the laws of 2021, is amended to read as follows: 35 § 31-j. [Community gardens] Urban agriculture task force. 1. The 36 commissioner shall convene [a community gardens] an urban agriculture 37 task force to identify and develop ways to encourage state agencies, 38 municipalities and private parties to establish and expand [community39gardens] urban agriculture and the activities conducted by such 40 [gardens] entities and bridge the gap between urban agricultural busi- 41 ness and organizations and urban food insecurity. 42 2. The task force shall be [chaired by the commissioner, or by such43officer or employee of the department as shall be designated by the44commissioner. The membership of the task force may include represen-45tation from appropriate state agencies and members that represent exist-46ing community gardens, counties, cities, towns, villages, school47districts, other special use districts, public authorities and cooper-48ative extension services. Membership of the task force shall include at49least two representatives from organizations dedicated to the promotion,50expansion or protection of community gardens.] comprised of nine 51 members. Such task force shall have one ex-officio chairperson, who 52 shall be the commissioner or the designee of such commissioner. Two 53 members shall be appointed by the governor, two members shall be 54 appointed by the temporary president of the senate, two members shall be 55 appointed by the speaker of the assembly, one member shall be appointed 56 by the minority leader of the senate and one member shall be appointedS. 4754 5 1 by the minority leader of the assembly. This task force shall be 2 composed of experts in urban agriculture and individuals that meet the 3 following criteria: 4 (a) Owns and operates an urban agricultural business or organization; 5 (b) Is on the board of a community owned grocery store or coop; 6 (c) Representative from an organization working on food insecurity and 7 food apartheids; 8 (d) Representative culturally engaged community organization; and 9 (e) Appointments should reflect the diversity of background and 10 cultures of urban communities around the state. 11 3. The commissioner, may request the assistance of state agencies to 12 carry out the work of the task force. 13 4. (a) The goals of the task force [may] shall include, but are not 14 limited to, the study, evaluation and development of recommendations: 15 (i) to encourage the establishment and expansion of [community gardens] 16 urban agriculture by state agencies, municipal governments and private 17 parties, (ii) to encourage cooperation between the activities and oper- 18 ations of [community gardens] urban agriculture, healthy incentive 19 programs, and provision of donated food to local voluntary food assist- 20 ance programs for the poor and disadvantaged, (iii) [to increase the21benefits that community gardens may provide to the local community in22which they are located, (iv)] to encourage cooperation with urban agri- 23 culture organizations to increase the opportunities for immigrants, 24 those who are undocumented, refugees, temporary protected status, and 25 other status, to participate in urban agriculture, (iv) to encourage 26 cooperation with [community-based] urban agriculture organizations to 27 increase the opportunities for seniors, those aged sixty years of age or 28 older, to participate in [community gardens] urban agriculture, (v) to 29 encourage the expansion of the production of fresh fruits and vegetables 30 in areas served by [community gardens] urban agriculture so that such 31 fresh produce can be consumed locally to help encourage healthier life 32 styles and wellness, and to help reduce the incidence of adult and 33 childhood obesity, [(vi) to develop after school programs that estab-34lish, maintain and expand community gardens, and (vii) to encourage the35development and expansion of community gardens in food deserts as36defined in section two hundred sixty of this chapter] and (vi) to 37 address the issue of food insecurity in urban areas by expanding access 38 for underserved, nutritionally deficient urban communities to healthy, 39 locally produced food. 40 (b) In achieving the goals of the task force, the task force may 41 consider recommendations that: (i) encourage the execution of conserva- 42 tion easements by state agencies, municipalities or private parties to 43 establish or protect [community gardens] urban agriculture, (ii) encour- 44 age the creation of mechanisms to transfer development rights to protect 45 [community gardens] urban agriculture or encourage the donation, sale, 46 or lease of lands for [community gardens] urban agriculture, (iii) 47 development of model zoning codes, local land use laws or other munici- 48 pal policies that could encourage the establishment or retention of 49 [community gardens] urban agriculture, and (iv) develop and identify new 50 and innovative methods to increase the production, marketing and 51 distribution of locally produced, fresh food in urban communities in New 52 York state, (v) encourage the creation of new urban agriculture, (vi) 53 develop and identify mechanisms for urban agriculture to address the 54 issue of urban food insecurity, such as food supply networks in urban 55 areas including through, but not limited to local grocers, cooperations, 56 and farmers markets, and (vii) any other activity to achieve the goalsS. 4754 6 1 deemed appropriate by the task force according to the provisions of this 2 article. 3 5. [The task force shall submit a report to the governor and the4legislature on or before January first, two thousand twenty-three and on5or before January first of each fifth year thereafter on the status of6community gardens in New York state. Such report shall include:7(a) the number, nature and geographic location of community gardens;8(b) a description of the costs, benefits and impacts of community9gardens;10(c) an assessment of the successes, failures and barriers in develop-11ing, maintaining and expanding community gardens;12(d) lists of funding sources available to develop and expand community13gardens along with the requirements for obtaining the funding;14(e) an assessment of the funding, requirements and barriers for double15the number of existing community gardens;16(f) a discussion of the goals outlined in subdivision four of this17section and a description of the steps and projects undertaken to meet18the goals for the task force as established in this section;19(g) an action plan for doubling the number of community gardens in the20state of New York;21(h) recommendations for developing, maintaining and expanding communi-22ty gardens in food deserts; and23(i) any other recommendations or assessments the task force deems24appropriate for the report.25Between report due dates, the commissioner shall maintain the neces-26sary records and data required to satisfy such report requirements and27to satisfy information requests received from the governor and the28legislature between such report due dates.] The task force shall write 29 one report to the legislature and the governor, no later than sixteen 30 months after the effective date of the chapter of the laws of two thou- 31 sand twenty-five which amended this section. The report to the governor 32 and the legislature shall include the task force's activities, findings 33 and recommendations. 34 § 7. The agriculture and markets law is amended by adding a new 35 section 31-k to read as follows: 36 § 31-k. Office of urban agriculture website and interactive map. 1. 37 The department shall establish a website to promote the work and 38 programs of the office of urban agriculture. The website must include 39 municipal vacant land available for urban agriculture. The department 40 must provide an opportunity to private entities to list their vacant 41 land for the purposes of urban agriculture on the website. The website 42 must include, but is not limited to: 43 (a) Name, location, hours of operation, contact information, and 44 hyperlinks, as available, to all municipalities and private entities 45 with vacant land for urban agriculture. 46 (b) The website should have an interactive map where a user may find 47 vacant land for urban agriculture. This information should also be 48 searchable by town/city, county, region or any other criteria the 49 commissioner deems relevant. 50 (c) The website must make clear distinctions between municipal and 51 private entity land, and whether it is for use, donation, sale, or 52 lease. 53 2. The department shall establish procedures and timelines for munici- 54 palities and private entities to provide updated information detailed 55 above for the website. In these procedures, the department must provideS. 4754 7 1 a system in which the information required in the website is updated 2 monthly and provide continuous maintenance as needed. 3 3. The department shall promulgate rules and regulations and take all 4 other actions necessary for the effective implementation of this 5 section. Nothing in this section shall prohibit or limit the depart- 6 ment's ability to expand access to this vacant land for urban agricul- 7 ture map to all New Yorkers, such as creating a mobile phone applica- 8 tion. 9 § 8. This act shall take effect on the ninetieth day after it shall 10 have become a law. Effective immediately, the addition, amendment 11 and/or repeal of any rule or regulation necessary for the implementation 12 of this act on its effective date are authorized to be made and 13 completed on or before such effective date.
