STATE OF NEW YORK
________________________________________________________________________
6613
2023-2024 Regular Sessions
IN ASSEMBLY
April 24, 2023
___________
Introduced by M. of A. CRUZ -- read once and referred to the Committee
on Agriculture
AN ACT to amend the agriculture and markets law, in relation to estab-
lishing the office of urban agriculture
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The article heading of article 2-C of the agriculture and
2 markets law, as added by chapter 862 of the laws of 1986, is amended to
3 read as follows:
4 [COMMUNITY GARDENS] OFFICE OF URBAN AGRICULTURE
5 § 2. Section 31-f of the agriculture and markets law, as amended by
6 chapter 272 of the laws of 2019, is amended to read as follows:
7 § 31-f. Legislative findings. The legislature hereby finds and
8 declares that [community gardens] urban agriculture provide significant
9 health, educational, economic, and social benefits to the general
10 public, especially for those who reside in urban and suburban areas of
11 this state. Furthermore, it is the articulated public policy of this
12 state to promote and foster growth in [the number of community gardens]
13 urban agriculture, including but not limited to, urban farms, community
14 gardens, farmers markets, and community supported agriculture and the
15 acreage of [such gardens] urban agriculture throughout the state. The
16 [community garden] urban agriculture movement continues to provide low
17 cost food that is fresh and nutritious for those who may be unable to
18 readily afford or have easy access to fresh fruits and vegetables for
19 themselves or their families, allows communities to grow food that is
20 culturally relevant and significant, promotes public health and healthi-
21 er individual lifestyles by encouraging better eating habits and
22 increased physical activity by growing their own food, encourages owner-
23 ship in agricultural enterprises for socially disadvantaged farmers who
24 have historically been excluded from the industry, fosters the retention
25 and expansion of open spaces,[ particularly in urban environments,]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05678-01-3
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1 enhances urban and suburban environmental quality and community beauti-
2 fication, provides inexpensive community building activities, recreation
3 and physical exercise for all age groups, establishes a safe place for
4 community involvement and helps to reduce the incidence of crime, engen-
5 ders a closer relationship between urban residents, nature and their
6 local environment, and fosters green job training and ecological educa-
7 tion at all levels. It is therefore the intent of the legislature and
8 the purpose of this article to foster growth in the number, size and
9 scope of [community gardens] urban agriculture structures in this state
10 by encouraging state agencies, municipalities and private parties in
11 their efforts to promote [community gardens] urban farms, community
12 gardens, farmers markets, community supported agriculture, and any other
13 agricultural structures in urban areas.
14 § 3. Section 31-g of the agriculture and markets law, as added by
15 chapter 862 of the laws of 1986 and subdivisions 2 and 3 as amended and
16 subdivision 4-a as added by chapter 528 of the laws of 2013, is amended
17 to read as follows:
18 § 31-g. Definitions. As used in this article, unless another meaning
19 is clearly indicated:
20 1. "Community garden" shall mean public or private lands upon which
21 citizens of the state have the opportunity to garden on lands which they
22 do not individually own.
23 2. "Community supported agriculture partnerships" or "CSA" shall mean
24 a system that connects farmers and consumers by allowing the consumer to
25 invest in farmers by subscribing to a harvest of a certain farm or group
26 of farms, usually done by crop season but may be year round.
27 3. "Community owned grocery store" shall mean local stock corpo-
28 rations, owned by residents who buy shares in the business.
29 4. "Garden" shall mean a piece or parcel of land appropriate for the
30 cultivation of herbs, fruits, flowers, nuts, honey, poultry for egg
31 production, maple syrup, ornamental or vegetable plants, nursery
32 products, or vegetables.
33 [3.] 5. "Municipality" shall mean any county, town, village, city,
34 school district, board of cooperative educational services, other
35 special district, or any office or agency thereof.
36 [4.] 6. "Office" shall mean the office of [community gardens] urban
37 agriculture.
38 [4-a.] 7. "State agency" shall mean any department, bureau, commis-
39 sion, board, public authority or other agency of the state, including
40 any public benefit corporation of which any member of whose board is
41 appointed by the governor.
42 [5.] 8. "Urban agriculture" shall mean food systems where food is
43 produced within an urban area and marketed to consumers within that
44 area. Urban agricultural structures may include urban farms, community
45 supported agriculture, community gardens, and other agricultural struc-
46 tures in urban areas.
47 9. "Urban farming" shall mean the production of agricultural products
48 such as produce and animal products, this may include growing crops,
49 animal husbandry, beekeeping, aquaculture or aquaponics, vertical farm-
50 ing, and non-food products such as producing seeds, cultivating
51 seedlings, and growing flowers.
52 10. "Use" shall mean to avail oneself of or to employ without convey-
53 ance of title gardens on vacant public lands by any individual or organ-
54 ization.
55 [6.] 11. "Vacant public land" shall mean any land owned by the state
56 or a public corporation including a municipality that is not in use for
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1 a public purpose, is otherwise unoccupied, idle or not being actively
2 utilized for a period of at least six months and is suitable for garden
3 use.
4 § 4. Section 31-h of the agriculture and markets law, as added by
5 chapter 862 of the laws of 1986, subdivision 2 as amended by chapter 528
6 of the laws of 2013, paragraph e of subdivision 2 as amended by chapter
7 525 of the laws of 2014, and paragraph f of subdivision 2 as amended by
8 chapter 272 of the laws of 2019, is amended to read as follows:
9 § 31-h. Office of [community gardens] urban agriculture; powers;
10 duties. 1. The commissioner shall establish within the department an
11 office of [community gardens] urban agriculture which shall have the
12 authority and responsibility for carrying out the provisions of this
13 article in cooperation with the state department of environmental
14 conservation, the state education department, the department of state,
15 cooperative extensions and other state agencies and municipalities.
16 2. The duties of the office shall include:
17 a. [Upon request, the office shall assist in the identification of
18 vacant public land within a given geographical location] In cooperation
19 with municipalities and land banks, identify, maintain, and update a
20 comprehensive list of vacant public land in urban and suburban areas
21 across the state and provide information regarding agency jurisdiction
22 and the relative suitability of such lands for [community gardening]
23 urban agriculture purposes;
24 b. Serve as a coordinator on behalf of interested community groups and
25 the appropriate state or local agencies to facilitate the use of vacant
26 public lands for [community garden] urban agriculture. If coordinating
27 for use as a community garden for a nominal or no cost to the community,
28 use for not less than one growing season by receiving and forwarding
29 with recommendation completed applications to the appropriate state or
30 municipal agency. If leasing for a reasonable price for an urban farm
31 or other entrepreneurial agriculture endeavor, lease for not less than
32 five years or five growing seasons, whichever is longer and relevant to
33 the farm. Provided, further, that the office [may] shall develop a
34 single [recommended] application form to be used by [community groups]
35 individuals when applying to state agencies [or municipalities] for use
36 of vacant public land for [community garden] urban agriculture purposes,
37 and a recommended application form to be used by individuals when apply-
38 ing to municipalities for use of vacant public land for urban agricul-
39 ture purposes;
40 c. Support and encourage contact between [community garden programs]
41 urban agriculture structures already in existence and those programs in
42 the initial stages of development;
43 d. Seek and provide such assistance, to the extent funds or grants may
44 become available, for the purposes identified in this article;
45 e. Assist, support and encourage contact [and cooperation between, and
46 the cooperative sharing of resources between community garden groups],
47 partnerships, distributions, cooperations, and community outreach
48 between urban agricultural businesses and organizations, community owned
49 grocery stores, school garden programs and local voluntary food assist-
50 ance programs, such as community food pantries, soup kitchens, senior
51 centers, and other community and not-for-profit organizations that
52 provide or distribute food to the elderly, poor, and disadvantaged. Such
53 support can include the provision of surplus community garden food or
54 other agricultural products to such local voluntary food assistance
55 programs; and
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1 f. Assist, support and encourage communication, and the sharing of
2 resources between [community garden] urban agricultural businesses and
3 organizations, the New York Harvest For New York Kids Week program
4 established by the department pursuant to subdivision five-b of section
5 sixteen of this chapter and individual farm-to-school and school garden
6 programs, and, where applicable, the department of health, the depart-
7 ment of state, the office of children and family services and the divi-
8 sion of housing and community renewal.
9 g. May make agreements with urban agricultural businesses and organ-
10 izations for assistance in promulgating the programs and efforts of the
11 office. The commissioner is hereby authorized to enter into agreements
12 with urban agricultural businesses and organizations at no direct cost
13 to support expansion, access, education, and development of new urban
14 agriculture structures, particularly for socially disadvantaged farmers
15 and in food insecure communities.
16 § 5. Section 31-i of the agriculture and markets law, as amended by
17 chapter 528 of the laws of 2013, is amended to read as follows:
18 § 31-i. Use of state or municipally owned land for [community gardens]
19 urban agriculture. 1. Any state agency or municipality with title in
20 fee or of a lesser interest to vacant public land may permit [community
21 organizations to use such lands for community gardening] use, lease, or
22 sell such lands for urban agriculture purposes. [Such] When use of
23 vacant public land may be conditioned on the [community organization
24 possessing] possession of liability insurance and accepting liability
25 for injury or damage resulting from use of the vacant public land for
26 [community gardening] urban agriculture purposes.
27 2. State agencies and municipalities which have received an applica-
28 tion for use, lease, or sale of public lands for [community garden]
29 urban agriculture purposes shall respond to the applicant within thirty
30 days and make a final determination within one hundred eighty days.
31 § 6. Section 31-j of the agriculture and markets law, as amended by
32 chapter 635 of the laws of 2021, is amended to read as follows:
33 § 31-j. [Community gardens] Urban agriculture task force. 1. The
34 commissioner shall convene [a community gardens] an urban agriculture
35 task force to identify and develop ways to encourage state agencies,
36 municipalities and private parties to establish and expand [community
37 gardens] urban agriculture and the activities conducted by such
38 [gardens] entities and bridge the gap between urban agricultural busi-
39 ness and organizations and urban food insecurity.
40 2. The task force shall be [chaired by the commissioner, or by such
41 officer or employee of the department as shall be designated by the
42 commissioner. The membership of the task force may include represen-
43 tation from appropriate state agencies and members that represent exist-
44 ing community gardens, counties, cities, towns, villages, school
45 districts, other special use districts, public authorities and cooper-
46 ative extension services. Membership of the task force shall include at
47 least two representatives from organizations dedicated to the promotion,
48 expansion or protection of community gardens.] comprised of nine
49 members. Such task force shall have one ex-officio chairperson, who
50 shall be the commissioner or his or her designee. Two members shall be
51 appointed by the governor, two members shall be appointed by the tempo-
52 rary president of the senate, two members shall be appointed by the
53 speaker of the assembly, one member shall be appointed by the minority
54 leader of the senate and one member shall be appointed by the minority
55 leader of the assembly. This task force shall be composed of experts in
56 urban agriculture and individuals that meet the following criteria:
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1 (a) Owns and operates an urban agricultural business or organization;
2 (b) Is on the board of a community owned grocery store or coop;
3 (c) Representative from an organization working on food insecurity and
4 food apartheids;
5 (d) Representative culturally engaged community organization; and
6 (e) Appointments should reflect the diversity of background and
7 cultures of urban communities around the state.
8 3. The commissioner, may request the assistance of state agencies to
9 carry out the work of the task force.
10 4. (a) The goals of the task force [may] shall include, but are not
11 limited to, the study, evaluation and development of recommendations:
12 (i) to encourage the establishment and expansion of [community gardens]
13 urban agriculture by state agencies, municipal governments and private
14 parties, (ii) to encourage cooperation between the activities and oper-
15 ations of [community gardens] urban agriculture, healthy incentive
16 programs, and provision of donated food to local voluntary food assist-
17 ance programs for the poor and disadvantaged, (iii) [to increase the
18 benefits that community gardens may provide to the local community in
19 which they are located, (iv)] to encourage cooperation with urban agri-
20 culture organizations to increase the opportunities for immigrants,
21 those who are undocumented, refugees, temporary protected status, and
22 other status, to participate in urban agriculture, (iv) to encourage
23 cooperation with [community-based] urban agriculture organizations to
24 increase the opportunities for seniors, those aged sixty years of age or
25 older, to participate in [community gardens] urban agriculture, (v) to
26 encourage the expansion of the production of fresh fruits and vegetables
27 in areas served by [community gardens] urban agriculture so that such
28 fresh produce can be consumed locally to help encourage healthier life
29 styles and wellness, and to help reduce the incidence of adult and
30 childhood obesity, [(vi) to develop after school programs that estab-
31 lish, maintain and expand community gardens, and (vii) to encourage the
32 development and expansion of community gardens in food deserts as
33 defined in section two hundred sixty of this chapter] and (vi) to
34 address the issue of food insecurity in urban areas by expanding access
35 for underserved, nutritionally deficient urban communities to healthy,
36 locally produced food.
37 (b) In achieving the goals of the task force, the task force may
38 consider recommendations that: (i) encourage the execution of conserva-
39 tion easements by state agencies, municipalities or private parties to
40 establish or protect [community gardens] urban agriculture, (ii) encour-
41 age the creation of mechanisms to transfer development rights to protect
42 [community gardens] urban agriculture or encourage the donation, sale,
43 or lease of lands for [community gardens] urban agriculture, (iii)
44 development of model zoning codes, local land use laws or other munici-
45 pal policies that could encourage the establishment or retention of
46 [community gardens] urban agriculture, and (iv) develop and identify new
47 and innovative methods to increase the production, marketing and
48 distribution of locally produced, fresh food in urban communities in New
49 York state, (v) encourage the creation of new urban agriculture, (vi)
50 develop and identify mechanisms for urban agriculture to address the
51 issue of urban food insecurity, such as food supply networks in urban
52 areas including through, but not limited to local grocers, cooperations,
53 and farmers markets, and (vii) any other activity to achieve the goals
54 deemed appropriate by the task force according to the provisions of this
55 article.
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1 5. [The task force shall submit a report to the governor and the
2 legislature on or before January first, two thousand twenty-three and on
3 or before January first of each fifth year thereafter on the status of
4 community gardens in New York state. Such report shall include:
5 (a) the number, nature and geographic location of community gardens;
6 (b) a description of the costs, benefits and impacts of community
7 gardens;
8 (c) an assessment of the successes, failures and barriers in develop-
9 ing, maintaining and expanding community gardens;
10 (d) lists of funding sources available to develop and expand community
11 gardens along with the requirements for obtaining the funding;
12 (e) an assessment of the funding, requirements and barriers for double
13 the number of existing community gardens;
14 (f) a discussion of the goals outlined in subdivision four of this
15 section and a description of the steps and projects undertaken to meet
16 the goals for the task force as established in this section;
17 (g) an action plan for doubling the number of community gardens in the
18 state of New York;
19 (h) recommendations for developing, maintaining and expanding communi-
20 ty gardens in food deserts; and
21 (i) any other recommendations or assessments the task force deems
22 appropriate for the report.
23 Between report due dates, the commissioner shall maintain the neces-
24 sary records and data required to satisfy such report requirements and
25 to satisfy information requests received from the governor and the
26 legislature between such report due dates.] The task force shall write
27 one report to the legislature and the governor, no later than sixteen
28 months after the effective date of the chapter of the laws of two thou-
29 sand twenty-three which amended this section. The report to the governor
30 and the legislature shall include the task force's activities, findings
31 and recommendations.
32 § 7. The agriculture and markets law is amended by adding a new
33 section 31-k to read as follows:
34 § 31-k. Office of urban agriculture website and interactive map. 1.
35 The department shall establish a website to promote the work and
36 programs of the office of urban agriculture. The website must include
37 municipal vacant land available for urban agriculture. The department
38 must provide an opportunity to private entities to list their vacant
39 land for the purposes of urban agriculture on the website. The website
40 must include, but is not limited to:
41 (a) Name, location, hours of operation, contact information, and
42 hyperlinks, as available, to all municipalities and private entities
43 with vacant land for urban agriculture.
44 (b) The website should have an interactive map where a user may find
45 vacant land for urban agriculture. This information should also be
46 searchable by town/city, county, region or any other criteria the
47 commissioner deems relevant.
48 (c) The website must make clear distinctions between municipal and
49 private entity land, and whether it is for use, donation, sale, or
50 lease.
51 2. The department shall establish procedures and timelines for munici-
52 palities and private entities to provide updated information detailed
53 above for the website. In these procedures, the department must provide
54 a system in which the information required in the website is updated
55 monthly and provide continuous maintenance as needed.
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1 3. The department shall promulgate rules and regulations and take all
2 other actions necessary for the effective implementation of this
3 section. Nothing in this section shall prohibit or limit the depart-
4 ment's ability to expand access to this vacant land for urban agricul-
5 ture map to all New Yorkers, such as creating a mobile phone applica-
6 tion.
7 § 8. This act shall take effect on the ninetieth day after it shall
8 have become a law. Effective immediately, the addition, amendment
9 and/or repeal of any rule or regulation necessary for the implementation
10 of this act on its effective date are authorized to be made and
11 completed on or before such effective date.
