Bill Text: NY S02767 | 2019-2020 | General Assembly | Amended


Bill Title: Encourages the expansion of the production of fresh fruits and vegetables by community gardens.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Passed) 2019-09-13 - signed chap.272 [S02767 Detail]

Download: New_York-2019-S02767-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         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.
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