LBD14371-02-2
S. 8059--A 2
fication, 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, engen-
ders a closer relationship between urban residents, nature and their
local environment, and fosters green job training and ecological educa-
tion at all levels. It is therefore the intent of the legislature and
the purpose of this article to foster growth in the number, size and
scope of [community gardens] URBAN AGRICULTURE STRUCTURES in this state
by encouraging state agencies, municipalities and private parties in
their efforts to promote [community gardens] URBAN FARMS, COMMUNITY
GARDENS, FARMERS MARKETS, COMMUNITY SUPPORTED AGRICULTURE, AND ANY OTHER
AGRICULTURAL STRUCTURES IN URBAN AREAS.
§ 3. Section 31-g of the agriculture and markets law, as added by
chapter 862 of the laws of 1986 and subdivisions 2 and 3 as amended and
subdivision 4-a as added by chapter 528 of the laws of 2013, is amended
to read as follows:
§ 31-g. Definitions. As used in this article, unless another meaning
is clearly indicated:
1. "Community garden" shall mean public or private lands upon which
citizens of the state have the opportunity to garden on lands which they
do not individually own.
2. "COMMUNITY SUPPORTED AGRICULTURE PARTNERSHIPS" OR "CSA" SHALL MEAN
A SYSTEM THAT CONNECTS FARMERS AND CONSUMERS BY ALLOWING THE CONSUMER TO
INVEST IN FARMERS BY SUBSCRIBING TO A HARVEST OF A CERTAIN FARM OR GROUP
OF FARMS, USUALLY DONE BY CROP SEASON BUT MAY BE YEAR ROUND.
3. "COMMUNITY OWNED GROCERY STORE" SHALL MEAN LOCAL STOCK CORPO-
RATIONS, OWNED BY RESIDENTS WHO BUY SHARES IN THE BUSINESS.
4. "Garden" shall mean a piece or parcel of land appropriate for the
cultivation of herbs, fruits, flowers, nuts, honey, poultry for egg
production, maple syrup, ornamental or vegetable plants, nursery
products, or vegetables.
[3.] 5. "Municipality" shall mean any county, town, village, city,
school district, board of cooperative educational services, other
special district, or any office or agency thereof.
[4.] 6. "Office" shall mean the office of [community gardens] URBAN
AGRICULTURE.
[4-a.] 7. "State agency" shall mean any department, bureau, commis-
sion, board, public authority or other agency of the state, including
any public benefit corporation of which any member of whose board is
appointed by the governor.
[5.] 8. "URBAN AGRICULTURE" SHALL MEAN FOOD SYSTEMS WHERE FOOD IS
PRODUCED WITHIN AN URBAN AREA AND MARKETED TO CONSUMERS WITHIN THAT
AREA. URBAN AGRICULTURAL STRUCTURES MAY INCLUDE URBAN FARMS, COMMUNITY
SUPPORTED AGRICULTURE, COMMUNITY GARDENS, AND OTHER AGRICULTURAL STRUC-
TURES IN URBAN AREAS.
9. "URBAN FARMING" SHALL MEAN THE PRODUCTION OF AGRICULTURAL PRODUCTS
SUCH AS PRODUCE AND ANIMAL PRODUCTS, THIS MAY INCLUDE GROWING CROPS,
ANIMAL HUSBANDRY, BEEKEEPING, AQUACULTURE OR AQUAPONICS, VERTICAL FARM-
ING, AND NON-FOOD PRODUCTS SUCH AS PRODUCING SEEDS, CULTIVATING
SEEDLINGS, AND GROWING FLOWERS.
10. "Use" shall mean to avail oneself of or to employ without convey-
ance of title gardens on vacant public lands by any individual or organ-
ization.
[6.] 11. "Vacant public land" shall mean any land owned by the state
or a public corporation including a municipality that is not in use for
a public purpose, is otherwise unoccupied, idle or not being actively
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utilized for a period of at least six months and is suitable for garden
use.
§ 4. Section 31-h of the agriculture and markets law, as added by
chapter 862 of the laws of 1986, subdivision 2 as amended by chapter 528
of the laws of 2013, paragraph e of subdivision 2 as amended by chapter
525 of the laws of 2014, and paragraph f of subdivision 2 as amended by
chapter 272 of the laws of 2019, is amended to read as follows:
§ 31-h. Office of [community gardens] URBAN AGRICULTURE; powers;
duties. 1. The commissioner shall establish within the department an
office of [community gardens] URBAN AGRICULTURE which shall have the
authority and responsibility for carrying out the provisions of this
article in cooperation with the state department of environmental
conservation, the state education department, the department of state,
cooperative extensions and other state agencies and municipalities.
2. The duties of the office shall include:
a. [Upon request, the office shall assist in the identification of
vacant public land within a given geographical location] IN COOPERATION
WITH MUNICIPALITIES AND LAND BANKS, IDENTIFY, MAINTAIN, AND UPDATE A
COMPREHENSIVE LIST OF VACANT PUBLIC LAND IN URBAN AND SUBURBAN AREAS
ACROSS THE STATE and provide information regarding agency jurisdiction
and the relative suitability of such lands for [community gardening]
URBAN AGRICULTURE purposes;
b. Serve as a coordinator on behalf of interested community groups and
the appropriate state or local agencies to facilitate the use of vacant
public lands for [community garden] URBAN AGRICULTURE. IF COORDINATING
FOR USE AS A COMMUNITY GARDEN FOR A NOMINAL OR NO COST TO THE COMMUNITY,
use for not less than one growing season by receiving and forwarding
with recommendation completed applications to the appropriate state or
municipal agency. IF LEASING FOR A REASONABLE PRICE FOR AN URBAN FARM
OR OTHER ENTREPRENEURIAL AGRICULTURE ENDEAVOR, LEASE FOR NOT LESS THAN
FIVE YEARS OR FIVE GROWING SEASONS, WHICHEVER IS LONGER AND RELEVANT TO
THE FARM. Provided, further, that the office [may] SHALL develop a
single [recommended] application form to be used by [community groups]
INDIVIDUALS when applying to state agencies [or municipalities] for use
of vacant public land for [community garden] URBAN AGRICULTURE PURPOSES,
AND A RECOMMENDED APPLICATION FORM TO BE USED BY INDIVIDUALS WHEN APPLY-
ING TO MUNICIPALITIES FOR USE OF VACANT PUBLIC LAND FOR URBAN AGRICUL-
TURE purposes;
c. Support and encourage contact between [community garden programs]
URBAN AGRICULTURE STRUCTURES already in existence and those programs in
the initial stages of development;
d. Seek and provide such assistance, to the extent funds or grants may
become available, for the purposes identified in this article;
e. Assist, support and encourage contact [and cooperation between, and
the cooperative sharing of resources between community garden groups],
PARTNERSHIPS, DISTRIBUTIONS, COOPERATIONS, AND COMMUNITY OUTREACH
BETWEEN URBAN AGRICULTURAL BUSINESSES AND ORGANIZATIONS, COMMUNITY OWNED
GROCERY STORES, school garden programs and local voluntary food assist-
ance programs, such as community food pantries, soup kitchens, senior
centers, and other community and not-for-profit organizations that
provide or distribute food to the elderly, poor, and disadvantaged. Such
support can include the provision of surplus community garden food or
other agricultural products to such local voluntary food assistance
programs; and
f. Assist, support and encourage communication, and the sharing of
resources between [community garden] URBAN AGRICULTURAL BUSINESSES AND
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organizations, 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 applicable, the department of health, the depart-
ment of state, the office of children and family services and the divi-
sion of housing and community renewal.
G. MAY MAKE AGREEMENTS WITH URBAN AGRICULTURAL BUSINESSES AND ORGAN-
IZATIONS FOR ASSISTANCE IN PROMULGATING THE PROGRAMS AND EFFORTS OF THE
OFFICE. THE COMMISSIONER IS HEREBY AUTHORIZED TO ENTER INTO AGREEMENTS
WITH URBAN AGRICULTURAL BUSINESSES AND ORGANIZATIONS AT NO DIRECT COST
TO SUPPORT EXPANSION, ACCESS, EDUCATION, AND DEVELOPMENT OF NEW URBAN
AGRICULTURE STRUCTURES, PARTICULARLY FOR SOCIALLY DISADVANTAGED FARMERS
AND IN FOOD INSECURE COMMUNITIES.
§ 5. Section 31-i of the agriculture and markets law, as amended by
chapter 528 of the laws of 2013, is amended to read as follows:
§ 31-i. Use of state or municipally owned land for [community gardens]
URBAN AGRICULTURE. 1. Any state agency or municipality with title in
fee or of a lesser interest to vacant public land may permit [community
organizations to use such lands for community gardening] USE, LEASE, OR
SELL SUCH LANDS FOR URBAN AGRICULTURE purposes. [Such] WHEN use of
vacant public land may be conditioned on the [community organization
possessing] POSSESSION OF liability insurance and accepting liability
for injury or damage resulting from use of the vacant public land for
[community gardening] URBAN AGRICULTURE purposes.
2. State agencies and municipalities which have received an applica-
tion for use, LEASE, OR SALE of public lands for [community garden]
URBAN AGRICULTURE purposes shall respond to the applicant within thirty
days and make a final determination within one hundred eighty days.
§ 6. Section 31-j of the agriculture and markets law, as amended by
chapter 635 of the laws of 2021, is amended to read as follows:
§ 31-j. [Community gardens] URBAN AGRICULTURE task force. 1. The
commissioner shall convene [a community gardens] AN URBAN AGRICULTURE
task force to identify and develop ways to encourage state agencies,
municipalities and private parties to establish and expand [community
gardens] URBAN AGRICULTURE and the activities conducted by such
[gardens] ENTITIES AND BRIDGE THE GAP BETWEEN URBAN AGRICULTURAL BUSI-
NESS AND ORGANIZATIONS AND URBAN FOOD INSECURITY.
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.] COMPRISED OF NINE
MEMBERS. SUCH TASK FORCE SHALL HAVE ONE EX-OFFICIO CHAIRPERSON, WHO
SHALL BE THE COMMISSIONER OR HIS OR HER DESIGNEE. TWO MEMBERS SHALL BE
APPOINTED BY THE GOVERNOR, TWO MEMBERS SHALL BE APPOINTED BY THE TEMPO-
RARY PRESIDENT OF THE SENATE, TWO MEMBERS SHALL BE APPOINTED BY THE
SPEAKER OF THE ASSEMBLY, ONE MEMBER SHALL BE APPOINTED BY THE MINORITY
LEADER OF THE SENATE AND ONE MEMBER SHALL BE APPOINTED BY THE MINORITY
LEADER OF THE ASSEMBLY. THIS TASK FORCE SHALL BE COMPOSED OF EXPERTS IN
URBAN AGRICULTURE AND INDIVIDUALS THAT MEET THE FOLLOWING CRITERIA:
(A) OWNS AND OPERATES AN URBAN AGRICULTURAL BUSINESS OR ORGANIZATION;
(B) IS ON THE BOARD OF A COMMUNITY OWNED GROCERY STORE OR COOP;
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(C) REPRESENTATIVE FROM AN ORGANIZATION WORKING ON FOOD INSECURITY AND
FOOD APARTHEIDS;
(D) REPRESENTATIVE CULTURALLY ENGAGED COMMUNITY ORGANIZATION; AND
(E) APPOINTMENTS SHOULD REFLECT THE DIVERSITY OF BACKGROUND AND
CULTURES OF URBAN COMMUNITIES AROUND THE STATE.
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] SHALL include, but are not
limited to, the study, evaluation and development of recommendations:
(i) to encourage the establishment and expansion of [community gardens]
URBAN AGRICULTURE by state agencies, municipal governments and private
parties, (ii) to encourage cooperation between the activities and oper-
ations of [community gardens] URBAN AGRICULTURE, HEALTHY INCENTIVE
PROGRAMS, and provision of donated food to local voluntary food assist-
ance 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, (iv)] TO ENCOURAGE COOPERATION WITH URBAN AGRI-
CULTURE ORGANIZATIONS TO INCREASE THE OPPORTUNITIES FOR IMMIGRANTS,
THOSE WHO ARE UNDOCUMENTED, REFUGEES, TEMPORARY PROTECTED STATUS, AND
OTHER STATUS, TO PARTICIPATE IN URBAN AGRICULTURE, (IV) to encourage
cooperation with [community-based] URBAN AGRICULTURE organizations to
increase the opportunities for seniors, those aged sixty years of age or
older, to participate in [community gardens] URBAN AGRICULTURE, (v) to
encourage the expansion of the production of fresh fruits and vegetables
in areas served by [community gardens] URBAN AGRICULTURE 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, [(vi) to develop after school programs that estab-
lish, maintain and expand community gardens, and (vii) to encourage the
development and expansion of community gardens in food deserts as
defined in section two hundred sixty of this chapter] AND (VI) TO
ADDRESS THE ISSUE OF FOOD INSECURITY IN URBAN AREAS BY EXPANDING ACCESS
FOR UNDERSERVED, NUTRITIONALLY DEFICIENT URBAN COMMUNITIES TO HEALTHY,
LOCALLY PRODUCED FOOD.
(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] URBAN AGRICULTURE, (ii) encour-
age the creation of mechanisms to transfer development rights to protect
[community gardens] URBAN AGRICULTURE or encourage the donation, SALE,
or lease of lands for [community gardens] URBAN AGRICULTURE, (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] URBAN AGRICULTURE, and (iv) DEVELOP AND IDENTIFY NEW
AND INNOVATIVE METHODS TO INCREASE THE PRODUCTION, MARKETING AND
DISTRIBUTION OF LOCALLY PRODUCED, FRESH FOOD IN URBAN COMMUNITIES IN NEW
YORK STATE, (V) ENCOURAGE THE CREATION OF NEW URBAN AGRICULTURE, (VI)
DEVELOP AND IDENTIFY MECHANISMS FOR URBAN AGRICULTURE TO ADDRESS THE
ISSUE OF URBAN FOOD INSECURITY, SUCH AS FOOD SUPPLY NETWORKS IN URBAN
AREAS INCLUDING THROUGH, BUT NOT LIMITED TO LOCAL GROCERS, COOPERATIONS,
AND FARMERS MARKETS, AND (VII) 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
legislature on or before January first, two thousand twenty-three and on
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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.] THE TASK FORCE SHALL WRITE
ONE REPORT TO THE LEGISLATURE AND THE GOVERNOR, NO LATER THAN SIXTEEN
MONTHS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOU-
SAND TWENTY-TWO WHICH AMENDED THIS SECTION. THE REPORT TO THE GOVERNOR
AND THE LEGISLATURE SHALL INCLUDE THE TASK FORCE'S ACTIVITIES, FINDINGS
AND RECOMMENDATIONS.
§ 7. The agriculture and markets law is amended by adding a new
section 31-k to read as follows:
§ 31-K. OFFICE OF URBAN AGRICULTURE WEBSITE AND INTERACTIVE MAP. 1.
THE DEPARTMENT SHALL ESTABLISH A WEBSITE TO PROMOTE THE WORK AND
PROGRAMS OF THE OFFICE OF URBAN AGRICULTURE. THE WEBSITE MUST INCLUDE
MUNICIPAL VACANT LAND AVAILABLE FOR URBAN AGRICULTURE. THE DEPARTMENT
MUST PROVIDE AN OPPORTUNITY TO PRIVATE ENTITIES TO LIST THEIR VACANT
LAND FOR THE PURPOSES OF URBAN AGRICULTURE ON THE WEBSITE. THE WEBSITE
MUST INCLUDE, BUT IS NOT LIMITED TO:
(A) NAME, LOCATION, HOURS OF OPERATION, CONTACT INFORMATION, AND
HYPERLINKS, AS AVAILABLE, TO ALL MUNICIPALITIES AND PRIVATE ENTITIES
WITH VACANT LAND FOR URBAN AGRICULTURE.
(B) THE WEBSITE SHOULD HAVE AN INTERACTIVE MAP WHERE A USER MAY FIND
VACANT LAND FOR URBAN AGRICULTURE. THIS INFORMATION SHOULD ALSO BE
SEARCHABLE BY TOWN/CITY, COUNTY, REGION OR ANY OTHER CRITERIA THE
COMMISSIONER DEEMS RELEVANT.
(C) THE WEBSITE MUST MAKE CLEAR DISTINCTIONS BETWEEN MUNICIPAL AND
PRIVATE ENTITY LAND, AND WHETHER IT IS FOR USE, DONATION, SALE, OR
LEASE.
2. THE DEPARTMENT SHALL ESTABLISH PROCEDURES AND TIMELINES FOR MUNICI-
PALITIES AND PRIVATE ENTITIES TO PROVIDE UPDATED INFORMATION DETAILED
ABOVE FOR THE WEBSITE. IN THESE PROCEDURES, THE DEPARTMENT MUST PROVIDE
A SYSTEM IN WHICH THE INFORMATION REQUIRED IN THE WEBSITE IS UPDATED
MONTHLY AND PROVIDE CONTINUOUS MAINTENANCE AS NEEDED.
3. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS AND TAKE ALL
OTHER ACTIONS NECESSARY FOR THE EFFECTIVE IMPLEMENTATION OF THIS
SECTION. NOTHING IN THIS SECTION SHALL PROHIBIT OR LIMIT THE DEPART-
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MENT'S ABILITY TO EXPAND ACCESS TO THIS VACANT LAND FOR URBAN AGRICUL-
TURE MAP TO ALL NEW YORKERS, SUCH AS CREATING A MOBILE PHONE APPLICA-
TION.
§ 8. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.
