The New York State Senate

                    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

A. 9860                             2

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:

A. 9860                             3

  (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.