Senate Bill S4908

                                BILL NUMBER:S4908

TITLE OF BILL:

An act
to amend the agriculture and markets law, in relation to providing
assistance for community gardens

PURPOSE OF BILL:

This is a study bill, the purpose of which is to help support
community gardens throughout New York State. This bill allocates a
small portion of revenue generated by the sale, transfer or lease of
such former community gardens and retains such funds for the
continued support of local community gardens. The municipality may
use the 20% of retained funds to purchase additional community garden
lands, install capital improvements to other municipally owned
community gardens, or to provide supplies and materials to support
community garden activities.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Adds Agriculture & Markets Law section 31-j which requires
that municipalities create an account, the "community Gardens
Account", to be funded with twenty percent of the proceeds from the
sale, transfer or lease of property that was used as a community
              

garden. The fund would only need to be established if such community
garden was sold, transferred or leased. The fund will be used for
community garden programs.

JUSTIFICATION:

Community gardens provide open space, recreation, and food production
opportunities for thousands of New Yorkers and help to beautify
communities. Most of these gardens were created through sweat equity
by neighborhood residents who volunteered to clear abandoned lots and
create and maintain green space for use by seniors, children, school
groups, and summer camps. Many of the gardens have received honors
and some have received national press attention.

Most of the gardens are located in communities where residents do
not have yards or own a second home in the country where they
could tend a plot of land. These gardens are often the only "park" on
the street.
Encouraging the maintenance of these gardens should help to bring
nature to urban neighborhoods where the existence of nature is not
self evident.

Gardens are also important for low-income citizens who, by working in a
community garden, can become more self-sufficient by growing their own
fresh produce. Further, money that would have been used to purchase
food can be used for other needs. Some of the garden sponsors donate
significant quantities of food to voluntary food donation programs to
help others.


Since such municipality benefits from the sale of land (that was
previously vacant and abandoned property) that had been transformed
by gardeners, it is appropriate that some of the proceeds be
reinvested back into community gardens. This bill provides support
for the continuation of the proud tradition of hard-working urban
residents taking the initiative to beautify and improve their city.

LEGISLATIVE HISTORY:
A similar bill to this proposal, S.6343-A was
vetoed by Governor Paterson in 2011. The reason for such veto is that
the New York Conference of Mayors and Municipal Officials opposed the
bill because it diminished local decision-making authority for such
municipalities.
Further, that the New York City Community Garden Coalition had
concerns that the bill did not adequately protect and preserve
existing community gardens. However, Governor Paterson did urge the
bill's sponsor in his veto message to work closely with the
Department of Agriculture and Markets, representative municipalities,
and community organizations to arrive at a compromise solution that
continues to give municipalities latitude to preserve local decision
making authority, while at the same time encourage the establishment
and enhancement of existing and future community gardens.

Senator Klein will continue a dialog with municipal officials,
community garden proponents, and the Department of Ag. & Markets to
arrive at a mutually agreeable proposal on this matter. In the
meantime, this bill has been introduced as a study bill and vehicle
to arrive at such a consensus.
Once, a general understanding on community gardens enhancement and the
adoption of measures to foster their expansion has been reached, this
bill will be amended to incorporate those suggestions and comments.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the 180th day after it shall have become
law.