STATE OF NEW YORK
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2767--A
Cal. No. 428
2019-2020 Regular Sessions
IN SENATE
January 29, 2019
___________
Introduced by Sens. COMRIE, BIAGGI, CARLUCCI, HARCKHAM, HOYLMAN, KAPLAN,
KENNEDY -- read twice and ordered printed, and when printed to be
committed to the Committee on Agriculture -- reported favorably from
said committee and committed to the Committee on Finance -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, passed by Senate and delivered to the
Assembly, recalled, vote reconsidered, restored to third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
AN ACT to amend the agriculture and markets law, in relation to expand-
ing the production of fresh fruits and vegetables by community gardens
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 31-f of the agriculture and markets law, as added
2 by chapter 528 of the laws of 2013, is amended to read as follows:
3 § 31-f. Legislative findings. The legislature hereby finds and
4 declares that community gardens provide significant health, educational
5 and social benefits to the general public, especially for those who
6 reside in urban and suburban areas of this state. Furthermore, it is the
7 articulated public policy of this state to promote and foster growth in
8 the number of community gardens and the acreage of such gardens. The
9 community garden movement continues to provide low cost food that is
10 fresh and nutritious for those who may be unable to readily afford or
11 have easy access to fresh fruits and vegetables for themselves or their
12 families, promotes public health and healthier individual lifestyles by
13 encouraging better eating habits and increased physical activity by
14 growing their own food, fosters the retention and expansion of open
15 spaces, particularly in urban environments, enhances urban and suburban
16 environmental quality and community beautification, provides inexpensive
17 community building activities, recreation and physical exercise for all
18 age groups, establishes a safe place for community involvement and helps
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06133-03-9
S. 2767--A 2
1 to reduce the incidence of crime, engenders a closer relationship
2 between urban residents, nature and their local environment, and fosters
3 green job training and ecological education at all levels. It is there-
4 fore the intent of the legislature and the purpose of this article to
5 foster growth in the number, size and scope of community gardens in this
6 state by encouraging state agencies, municipalities and private parties
7 in their efforts to promote community gardens.
8 § 2. Paragraph f of subdivision 2 of section 31-h of the agriculture
9 and markets law, as added by chapter 528 of the laws of 2013, is amended
10 to read as follows:
11 f. Assist, support and encourage communication, and the sharing of
12 resources between community garden organizations [and], the New York
13 Harvest For New York Kids Week program established by the department
14 pursuant to subdivision five-b of section sixteen of this chapter[,] and
15 individual farm-to-school and school garden programs, and, where appli-
16 cable, the department of health, the department of state, the office of
17 children and family services and the division of housing and community
18 renewal.
19 § 3. Paragraph (a) of subdivision 4 of section 31-j of the agriculture
20 and markets law, as amended by chapter 154 of the laws of 2015, is
21 amended to read as follows:
22 (a) The goals of the task force may include, but are not limited to,
23 the study, evaluation and development of recommendations: (i) to encour-
24 age the establishment and expansion of community gardens by state agen-
25 cies, municipal governments and private parties, (ii) to encourage coop-
26 eration between the activities and operations of community gardens and
27 provision of donated food to local voluntary food assistance programs
28 for the poor and disadvantaged, (iii) to increase the benefits that
29 community gardens may provide to the local community in which they are
30 located, [and] (iv) to encourage cooperation with community-based organ-
31 izations to increase the opportunities for seniors, those aged sixty
32 years of age or older, to participate in community gardens, and (v) to
33 encourage the expansion of the production of fresh fruits and vegetables
34 in areas served by community gardens so that such fresh produce can be
35 consumed locally to help encourage healthier life styles and wellness,
36 and to help reduce the incidence of adult and childhood obesity.
37 § 4. This act shall take effect immediately.
