Requires the community gardens task force to conduct an assessment of all community gardens located on publicly owned land in the state to facilitate each garden's designation as a critical environmental area.
STATE OF NEW YORK
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5159
2025-2026 Regular Sessions
IN SENATE
February 19, 2025
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Introduced by Sens. COMRIE, WEBB -- read twice and ordered printed, and
when printed to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to provid-
ing additional duties of the community gardens task force
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 31-j of the agriculture and markets law is amended
2 by adding a new subdivision 6 to read as follows:
3 6. (a) The task force shall conduct an assessment of all community
4 gardens located on publicly owned land in the state to facilitate each
5 eligible garden's designation as a critical environmental area (CEA)
6 pursuant to paragraph one of subdivision (g) of section 617.14 of title
7 six of the official compilation of codes, rules and regulations of the
8 state of New York. The task force shall provide a status report on the
9 assessment to the governor and the legislature on or before January
10 first, two thousand twenty-six, and shall complete such assessment on or
11 before January first, two thousand twenty-seven. The task force shall
12 conduct additional assessments of any new community gardens on publicly
13 owned land on or before January first, two thousand thirty-one and on or
14 before January first of each fifth year thereafter. In conducting the
15 assessment, the task force shall:
16 (i) consult, to the fullest extent possible, with members of each
17 community garden regarding the garden's characteristics;
18 (ii) consult, to the fullest extent possible, with the department of
19 environmental conservation regarding the requirements for CEA desig-
20 nation; and
21 (iii) prepare a written summary of its findings regarding each commu-
22 nity garden that shall include:
23 (A) the name and address of the garden;
24 (B) the name of the state or local agency that has jurisdiction over
25 the garden;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06082-01-5
S. 5159 2
1 (C) a description of all the characteristics of the garden that cover
2 the factors in paragraph one of subdivision (g) of section 617.14 of
3 title six of the official compilation of codes, rules and regulations of
4 the state of New York;
5 (D) the task force's conclusion as to whether the currently undesig-
6 nated garden meets the requirement for CEA designation; and
7 (E) any other information the task force deems appropriate.
8 (b) Upon completion of the assessment, the task force shall, to the
9 extent possible, provide the written summaries of its findings to a
10 member of each garden's leadership and, for the community gardens that
11 are currently undesignated and that meet the requirement for CEA desig-
12 nation, provide the written summaries of its findings to the agencies
13 with jurisdiction over the gardens, along with a recommendation that the
14 agencies designate the gardens as CEAs.
15 § 2. This act shall take effect immediately.
