LBD01181-01-5
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 and expansion of open  spaces,[  particularly  in  urban  environments,]
 enhances  urban and suburban environmental quality and community beauti-
 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.
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   [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
 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
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 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
 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 THE  DESIGNEE  OF  SUCH  COMMISSIONER.  TWO
 MEMBERS  SHALL  BE  APPOINTED  BY  THE  GOVERNOR,  TWO  MEMBERS SHALL BE
 APPOINTED BY THE TEMPORARY 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
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 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;
   (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
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 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
 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-FIVE 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
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 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-
 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.