Bill Text: NY S05026 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to a community gardens task force.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2016-03-23 - referred to agriculture [S05026 Detail]

Download: New_York-2015-S05026-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5026
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    April 29, 2015
                                      ___________
       Introduced  by  Sen.  COMRIE -- 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 a commu-
         nity gardens task force
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section 31-j of the agriculture and markets law, as added
    2  by chapter 528 of the laws of 2013, paragraph (a) of  subdivision  4  as
    3  amended  by  chapter  525  of  the  laws  of 2014, is amended to read as
    4  follows:
    5    S 31-j. Community gardens task force. 1. The commissioner [may]  SHALL
    6  convene  a  community gardens task force to identify and develop ways to
    7  encourage state agencies, municipalities and private parties  to  estab-
    8  lish  and  expand community gardens and the activities conducted by such
    9  gardens.
   10    2. The task force shall be chaired by the  commissioner,  or  by  such
   11  officer  or  employee  of  the  department as shall be designated by the
   12  commissioner. The membership of the task  force  may  include  represen-
   13  tation from appropriate state agencies and members that represent exist-
   14  ing   community  gardens,  counties,  cities,  towns,  villages,  school
   15  districts, other special use districts, public authorities  and  cooper-
   16  ative  extension services. MEMBERSHIP OF THE TASK FORCE SHALL INCLUDE AT
   17  LEAST TWO REPRESENTATIVES FROM ORGANIZATIONS DEDICATED TO THE PROMOTION,
   18  EXPANSION OR PROTECTION OF COMMUNITY GARDENS.
   19    3. The commissioner, may request the assistance of state  agencies  to
   20  carry out the work of the task force.
   21    4.  (a)  The  goals of the task force may include, but are not limited
   22  to, the study, evaluation and development  of  recommendations:  (i)  to
   23  encourage  the establishment and expansion of community gardens by state
   24  agencies, municipal governments and private parties, (ii)  to  encourage
   25  cooperation  between  the activities and operations of community gardens
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10619-03-5
       S. 5026                             2
    1  and provision  of  donated  food  to  local  voluntary  food  assistance
    2  programs  for the poor and disadvantaged, (iii) to increase the benefits
    3  that community gardens may provide to the local community in which  they
    4  are  located,  [and]  (iv) to encourage cooperation with community-based
    5  organizations to increase the  opportunities  for  seniors,  those  aged
    6  sixty-two  years  of  age or older, to participate in community gardens,
    7  (V) TO DEVELOP AFTER SCHOOL PROGRAMS THAT ESTABLISH, MAINTAIN AND EXPAND
    8  COMMUNITY GARDENS, AND (VI) TO ENCOURAGE THE DEVELOPMENT  AND  EXPANSION
    9  OF  COMMUNITY  GARDENS IN FOOD DESERTS AS DEFINED IN SECTION TWO HUNDRED
   10  SIXTY OF THIS CHAPTER.
   11    (b) In achieving the goals of the  task  force,  the  task  force  may
   12  consider  recommendations that: (i) encourage the execution of conserva-
   13  tion easements by state agencies, municipalities or private  parties  to
   14  establish  or  protect community gardens, (ii) encourage the creation of
   15  mechanisms to transfer development rights to protect  community  gardens
   16  or encourage the donation or lease of lands for community gardens, (iii)
   17  development  of model zoning codes, local land use laws or other munici-
   18  pal policies that could encourage  the  establishment  or  retention  of
   19  community  gardens,  and  (iv)  any  other activity to achieve the goals
   20  deemed appropriate by the task force according to the provisions of this
   21  article.
   22    5. THE TASK FORCE SHALL SUBMIT A REPORT TO THE GOVERNOR AND THE LEGIS-
   23  LATURE ON OR BEFORE JANUARY FIRST, TWO THOUSAND SIXTEEN AND ON OR BEFORE
   24  JANUARY FIRST OF EACH FIFTH YEAR THEREAFTER ON THE STATUS  OF  COMMUNITY
   25  GARDENS IN NEW YORK STATE. SUCH REPORT SHALL INCLUDE:
   26    (A) THE NUMBER, NATURE AND GEOGRAPHIC LOCATION OF COMMUNITY GARDENS;
   27    (B)  A  DESCRIPTION  OF  THE  COSTS, BENEFITS AND IMPACTS OF COMMUNITY
   28  GARDENS;
   29    (C) AN ASSESSMENT OF THE SUCCESSES, FAILURES AND BARRIERS IN  DEVELOP-
   30  ING, MAINTAINING AND EXPANDING COMMUNITY GARDENS;
   31    (D) LISTS OF FUNDING SOURCES AVAILABLE TO DEVELOP AND EXPAND COMMUNITY
   32  GARDENS ALONG WITH THE REQUIREMENTS FOR OBTAINING THE FUNDING;
   33    (E) AN ASSESSMENT OF THE FUNDING, REQUIREMENTS AND BARRIERS FOR DOUBLE
   34  THE NUMBER OF EXISTING COMMUNITY GARDENS;
   35    (F)  A  DISCUSSION  OF  THE GOALS OUTLINED IN SUBDIVISION FOUR OF THIS
   36  SECTION AND A DESCRIPTION OF THE STEPS AND PROJECTS UNDERTAKEN  TO  MEET
   37  THE GOALS FOR THE TASK FORCE AS ESTABLISHED IN THIS SECTION;
   38    (G) AN ACTION PLAN FOR DOUBLING THE NUMBER OF COMMUNITY GARDENS IN THE
   39  STATE OF NEW YORK;
   40    (H) RECOMMENDATIONS FOR DEVELOPING, MAINTAINING AND EXPANDING COMMUNI-
   41  TY GARDENS IN FOOD DESERTS; AND
   42    (I)  ANY  OTHER  RECOMMENDATIONS  OR  ASSESSMENTS THE TASK FORCE DEEMS
   43  APPROPRIATE FOR THE REPORT.
   44    BETWEEN REPORT DUE DATES, THE COMMISSIONER SHALL MAINTAIN  THE  NECES-
   45  SARY  RECORDS  AND DATA REQUIRED TO SATISFY SUCH REPORT REQUIREMENTS AND
   46  TO SATISFY INFORMATION REQUESTS  RECEIVED  FROM  THE  GOVERNOR  AND  THE
   47  LEGISLATURE BETWEEN SUCH REPORT DUE DATES.
   48    S 2. This act shall take effect immediately.