Bill Text: NY A00903 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the sale and lease of certain municipal property for the cultivation and sale of fresh fruits and vegetables.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to local governments [A00903 Detail]

Download: New_York-2019-A00903-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           903
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by M. of A. QUART, BICHOTTE -- read once and referred to the
          Committee on Local Governments
        AN ACT to amend the general municipal law and the real property tax law,
          in relation to the sale and lease of certain  municipal  property  for
          the cultivation and sale of fresh fruits and vegetables
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Legislative intent and findings. The legislature finds that
     2  there exists in certain municipalities an excess of vacant property that
     3  is not needed for public use and such vacant properties present numerous
     4  problems for these municipalities including presenting  the  opportunity
     5  for  criminal  activity,  deterring  neighboring  property  owners  from
     6  improving their properties and prospective purchasers and  renters  from
     7  locating  into  these  areas,  and  serving  as a location to dispose of
     8  unwanted items. Due, in part, to increasing  population  densities,  the
     9  deterioration  of  infrastructure such as parks, and fiscal constraints,
    10  these municipalities have been challenged to  offer  residents  opportu-
    11  nities  to  enhance the quality of their lives. Municipal residents also
    12  suffer from a shortage of fruits and vegetables due to the  scarcity  of
    13  full  service  supermarkets  and farmer's markets within certain munici-
    14  palities. The shortages of recreational  opportunities  and  sources  of
    15  fresh  fruits  and vegetables have contributed to increases in childhood
    16  obesity and other adverse health consequences for  municipal  residents.
    17  Authorization  for  municipalities  to  lease  and  sell  vacant land to
    18  nonprofit entities to cultivate these lands can provide both recreation-
    19  al opportunities and a source of fresh, locally grown fruits and vegeta-
    20  bles for local residents. The nonprofit cultivation of previously vacant
    21  land by nonprofit entities is a public purpose for which the  long  term
    22  lease and sale of these properties, and exemption from property taxation
    23  therefor,  is warranted, even in those instances when produce is sold to
    24  further the mission of these nonprofit entities.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01140-01-9

        A. 903                              2
     1    § 2. The general municipal law is amended by adding a new section 96-c
     2  to read as follows:
     3    §  96-c.  Sale  or lease of municipally owned land for the cultivation
     4  and sale of fruits and vegetables. 1. Notwithstanding the provisions  of
     5  any  general,  special  or  local law applicable to the sale or lease of
     6  real property by a municipality, vacant  public  land  may  be  sold  or
     7  leased  for a consideration, which may be nominal, to a nonprofit organ-
     8  ization to cultivate and sell fresh fruits and vegetables on or off  the
     9  property.  For purposes of this section, "vacant public land" shall mean
    10  any land owned by a municipality  that  is  not  in  use  for  a  public
    11  purpose,  is  otherwise  unoccupied, idle or not being actively utilized
    12  for a period of at least six months.
    13    2. Any deed, lease or instrument by which real property is conveyed or
    14  disposed of pursuant to this section shall contain provisions  requiring
    15  the  purchaser  or  lessee  to use such property for purposes consistent
    16  with the cultivation and sale of fresh fruits and vegetables.
    17    3. A municipality may establish a  program  in  conjunction  with  the
    18  cooperative  extension  or  county extension association for ready iden-
    19  tification of accessible land resources in  the  municipality  available
    20  for such use.
    21    4. A municipal corporation may assist the development of such property
    22  by  contributing, or providing at cost, from resources under the control
    23  of the municipality, upon agreement with the purchaser or lessee of such
    24  land as approved pursuant to the local finance law: initial site  prepa-
    25  ration,  including  top soil and grading; water systems; perimeter fenc-
    26  ing; storage bins or sheds, and other necessary appurtenances or  equip-
    27  ment.
    28    5.  A municipality shall disclose to a purchaser or lessor of property
    29  under this section that the municipality has not conducted any tests  on
    30  the  soil  on the property and the municipality does not know the condi-
    31  tion of the soil and makes no representations as to the  composition  of
    32  the  soil.  Nothing in this section shall be deemed to relieve a munici-
    33  pality from liability under title fourteen of  article  twenty-seven  of
    34  the environmental conservation law.
    35    § 3. Section 420-a of the real property tax law is amended by adding a
    36  new subdivision 15 to read as follows:
    37    15. Real property, sold pursuant to section ninety-six-c of the gener-
    38  al  municipal law, used for the cultivation and sale of fresh fruits and
    39  vegetables by a corporation or association shall be  exempt  from  taxa-
    40  tion, provided that the sale of such fruit and vegetables is related and
    41  incidental  to  the nonprofit purposes of the corporation or association
    42  and the net proceeds received by the corporation or association are used
    43  to further the nonprofit purposes of the corporation or association.
    44    § 4. This act shall take effect immediately.
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