Assembly Bill A8138A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8138--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 10, 2015
                               ___________

Introduced  by  M.  of  A.  SIMANOWITZ  -- read once and referred to the
  Committee on Agriculture -- recommitted to the Committee  on  Agricul-
  ture  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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:

  Section  1.  Section 31-j of the agriculture and markets law, as added
by chapter 528 of the laws of 2013, paragraph (a) of  subdivision  4  as
amended  by  chapter  154  of  the  laws  of 2015, is amended to read as
follows:
  S 31-j. Community gardens task force. 1. The commissioner [may]  SHALL
convene  a  community gardens task force to identify and develop ways to
encourage state agencies, municipalities and private parties  to  estab-
lish  and  expand community gardens and the activities conducted by such
gardens.
  2. The task force shall be chaired by the  commissioner,  or  by  such
officer  or  employee  of  the  department as shall be designated by the
commissioner. The membership of the task  force  may  include  represen-
tation from appropriate state agencies and members that represent exist-
ing   community  gardens,  counties,  cities,  towns,  villages,  school
districts, other special use districts, public authorities  and  cooper-
ative  extension services. MEMBERSHIP OF THE TASK FORCE SHALL INCLUDE AT
LEAST TWO REPRESENTATIVES FROM ORGANIZATIONS DEDICATED TO THE PROMOTION,
EXPANSION OR PROTECTION OF COMMUNITY GARDENS.
  3. The commissioner, may request the assistance of state  agencies  to
carry out the work of the task force.
  4.  (a)  The  goals of the task force may include, but are not limited
to, the study, evaluation and development  of  recommendations:  (i)  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10619-06-6
              

A. 8138--A                          2

encourage  the establishment and expansion of community gardens by state
agencies, municipal governments and private parties, (ii)  to  encourage
cooperation  between  the activities and operations of community gardens
and  provision  of  donated  food  to  local  voluntary  food assistance
programs for the poor and disadvantaged, (iii) to increase the  benefits
that  community gardens may provide to the local community in which they
are located, [and] (iv) to encourage  cooperation  with  community-based
organizations  to  increase  the  opportunities  for seniors, those aged
sixty years of age or older, to participate in community gardens, (V) TO
DEVELOP AFTER SCHOOL PROGRAMS THAT ESTABLISH, MAINTAIN AND EXPAND COMMU-
NITY GARDENS, AND (VI) TO ENCOURAGE THE  DEVELOPMENT  AND  EXPANSION  OF
COMMUNITY  GARDENS  IN  FOOD  DESERTS  AS DEFINED IN SECTION TWO HUNDRED
SIXTY OF THIS CHAPTER.
  (b) In achieving the goals of the  task  force,  the  task  force  may
consider  recommendations that: (i) encourage the execution of conserva-
tion easements by state agencies, municipalities or private  parties  to
establish  or  protect community gardens, (ii) encourage the creation of
mechanisms to transfer development rights to protect  community  gardens
or encourage the donation or lease of lands for community gardens, (iii)
development  of model zoning codes, local land use laws or other munici-
pal policies that could encourage  the  establishment  or  retention  of
community  gardens,  and  (iv)  any  other activity to achieve the goals
deemed appropriate by the task force according to the provisions of this
article.
  5. THE TASK FORCE SHALL SUBMIT A REPORT TO THE GOVERNOR AND THE LEGIS-
LATURE ON OR BEFORE JANUARY FIRST, TWO  THOUSAND  SEVENTEEN  AND  ON  OR
BEFORE  JANUARY  FIRST  OF  EACH  FIFTH YEAR THEREAFTER ON THE STATUS OF
COMMUNITY GARDENS IN NEW YORK STATE. SUCH REPORT SHALL INCLUDE:
  (A) THE NUMBER, NATURE AND GEOGRAPHIC LOCATION OF COMMUNITY GARDENS;
  (B) A DESCRIPTION OF THE COSTS,  BENEFITS  AND  IMPACTS  OF  COMMUNITY
GARDENS;
  (C)  AN ASSESSMENT OF THE SUCCESSES, FAILURES AND BARRIERS IN DEVELOP-
ING, MAINTAINING AND EXPANDING COMMUNITY GARDENS;
  (D) LISTS OF FUNDING SOURCES AVAILABLE TO DEVELOP AND EXPAND COMMUNITY
GARDENS ALONG WITH THE REQUIREMENTS FOR OBTAINING THE FUNDING;
  (E) AN ASSESSMENT OF THE FUNDING, REQUIREMENTS AND BARRIERS FOR DOUBLE
THE NUMBER OF EXISTING COMMUNITY GARDENS;
  (F) A DISCUSSION OF THE GOALS OUTLINED IN  SUBDIVISION  FOUR  OF  THIS
SECTION  AND  A DESCRIPTION OF THE STEPS AND PROJECTS UNDERTAKEN TO MEET
THE GOALS FOR THE TASK FORCE AS ESTABLISHED IN THIS SECTION;
  (G) AN ACTION PLAN FOR DOUBLING THE NUMBER OF COMMUNITY GARDENS IN THE
STATE OF NEW YORK;
  (H) RECOMMENDATIONS FOR DEVELOPING, MAINTAINING AND EXPANDING COMMUNI-
TY GARDENS IN FOOD DESERTS; AND
  (I) ANY OTHER RECOMMENDATIONS OR  ASSESSMENTS  THE  TASK  FORCE  DEEMS
APPROPRIATE FOR THE REPORT.
  BETWEEN  REPORT  DUE DATES, THE COMMISSIONER SHALL MAINTAIN THE NECES-
SARY RECORDS AND DATA REQUIRED TO SATISFY SUCH REPORT  REQUIREMENTS  AND
TO  SATISFY  INFORMATION  REQUESTS  RECEIVED  FROM  THE GOVERNOR AND THE
LEGISLATURE BETWEEN SUCH REPORT DUE DATES.
  S 2. This act shall take effect immediately.