S T A T E O F N E W Y O R K
________________________________________________________________________
9860
I N A S S E M B L Y
February 14, 2018
___________
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Agriculture
AN ACT to amend the agriculture and markets law, in relation to expand-
ing the production of fresh fruits and vegetables by community
gardens; to amend the general city law, the town law, the village law,
the general municipal law and the highway law, in relation to direct-
ing the state and municipalities to develop more and safer bike lanes
and multiple use trails so as to encourage more physical activity and
to reduce carbon emissions; and to amend the parks, recreation and
historic preservation law, in relation to directing the office of
parks, recreation and historic preservation to develop more and safer
multiple use trails in state parks in and throughout the state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 31-f of the agriculture and markets law, as added
by chapter 528 of the laws of 2013, is amended to read as follows:
§ 31-f. Legislative findings. The legislature hereby finds and
declares that community gardens provide significant health, educational
and social benefits to the general public, especially for those who
reside in urban and suburban areas of this state. Furthermore, it is the
articulated public policy of this state to promote and foster growth in
the number of community gardens and the acreage of such gardens. The
community garden movement continues to provide low cost food that is
fresh and nutritious for those who may be unable to readily afford OR
HAVE EASY ACCESS TO fresh fruits and vegetables for themselves or their
families, promotes public health and healthier individual lifestyles by
encouraging better eating habits and increased physical activity by
growing their own food, fosters the retention and expansion of open
spaces, particularly in urban environments, enhances urban and suburban
environmental quality and community beautification, provides inexpensive
community building activities, recreation and physical exercise for all
age groups, establishes a safe place for community involvement and helps
to reduce the incidence of crime, engenders a closer relationship
between urban residents, nature and their local environment, and fosters
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13758-03-8
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green job training and ecological education at all levels. It is there-
fore the intent of the legislature and the purpose of this article to
foster growth in the number, size and scope of community gardens in this
state by encouraging state agencies, municipalities and private parties
in their efforts to promote community gardens.
§ 2. Paragraph f of subdivision 2 of section 31-h of the agriculture
and markets law, as added by chapter 528 of the laws of 2013, is amended
to read as follows:
f. Assist, support and encourage communication, and the sharing of
resources between community garden organizations [and], the New York
Harvest For New York Kids Week program established by the department
pursuant to subdivision five-b of section sixteen of this chapter[,] and
individual farm-to-school and school garden programs, AND, WHERE APPLI-
CABLE, THE DEPARTMENT OF HEALTH, THE DEPARTMENT OF STATE, THE OFFICE OF
CHILDREN AND FAMILY SERVICES AND THE DIVISION OF HOUSING AND COMMUNITY
RENEWAL.
§ 3. Paragraph (a) of subdivision 4 of section 31-j of the agriculture
and markets law, as amended by chapter 154 of the laws of 2015, is
amended to read as follows:
(a) The goals of the task force may include, but are not limited to,
the study, evaluation and development of recommendations: (i) to encour-
age the establishment and expansion of community gardens by state agen-
cies, municipal governments and private parties, (ii) to encourage coop-
eration 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 organ-
izations to increase the opportunities for seniors, those aged sixty
years of age or older, to participate in community gardens, AND (V) TO
ENCOURAGE THE EXPANSION OF THE PRODUCTION OF FRESH FRUITS AND VEGETABLES
IN AREAS SERVED BY COMMUNITY GARDENS SO THAT SUCH FRESH PRODUCE CAN BE
CONSUMED LOCALLY TO HELP ENCOURAGE HEALTHIER LIFE STYLES AND WELLNESS,
AND TO HELP REDUCE THE INCIDENCE OF ADULT AND CHILDHOOD OBESITY.
§ 4. 1. Subdivision 4 of section 28-a of the general city law is
amended by adding a new paragraph (j-1) to read as follows:
(J-1) SPECIFIC POLICIES AND STRATEGIES TO DEVELOP MORE AND SAFER BIKE
LANES AND MULTIPLE USE TRAILS SO AS TO ENCOURAGE MORE PHYSICAL ACTIVITY
AND REDUCE CARBON EMISSIONS.
§ 5. Subdivision 3 of section 272-a of the town law is amended by
adding a new paragraph (j-1) to read as follows:
(J-1) SPECIFIC POLICIES AND STRATEGIES TO DEVELOP MORE AND SAFER BIKE
LANES AND MULTIPLE USE TRAILS SO AS TO ENCOURAGE MORE PHYSICAL ACTIVITY
AND REDUCE CARBON EMISSIONS.
§ 6. Subdivision 3 of section 7-722 of the village law is amended by
adding a new paragraph (j-1) to read as follows:
(J-1) SPECIFIC POLICIES AND STRATEGIES TO DEVELOP MORE AND SAFER BIKE
LANES AND MULTIPLE USE TRAILS SO AS TO ENCOURAGE MORE PHYSICAL ACTIVITY
AND REDUCE CARBON EMISSIONS.
§ 7. Subdivision 1 of section 239-d of the general municipal law is
amended by adding a new paragraph (j-1) to read as follows:
(J-1) SPECIFIC POLICIES AND STRATEGIES TO DEVELOP MORE AND SAFER BIKE
LANES AND MULTIPLE USE TRAILS SO AS TO ENCOURAGE MORE PHYSICAL ACTIVITY
AND REDUCE CARBON EMISSIONS;
§ 8. Subdivision (b) of section 331 of the highway law, as added by
chapter 398 of the laws of 2011, is amended to read as follows:
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(b) Complete street design features are roadway design features that
accommodate and facilitate convenient access and mobility by all users,
including current and projected users, particularly pedestrians, bicy-
clists and individuals of all ages and abilities ENGAGED IN PHYSICAL
ACTIVITY. These features may include, but need not be limited to: side-
walks, paved shoulders suitable for use by bicyclists AND PEDESTRIANS,
lane striping, bicycle lanes, MULTIPLE USE TRAILS, share the road
signage, crosswalks, road diets, pedestrian control signalization, bus
pull outs, curb cuts, raised crosswalks and ramps and traffic calming
measures; and recognize that the needs of users of the road network vary
according to a rural, urban and suburban context.
§ 9. 1. Subdivision 10 of section 3.09 of the parks, recreation and
historic preservation law is amended to read as follows:
10. Encourage, promote and provide recreational opportunities for
residents of urban as well as suburban and rural areas, WHICH MAY
INCLUDE, BUT NOT BE LIMITED TO, THE DEVELOPMENT OF MORE AND SAFER MULTI-
PLE USE TRAILS IN STATE PARKS AND THROUGHOUT THE STATE SO AS TO ENCOUR-
AGE MORE PHYSICAL ACTIVITY.
§ 10. This act shall take effect immediately.