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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2767
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 29, 2019
                                       ___________
        Introduced  by  Sen.  COMRIE -- 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  expand-
          ing  the  production  of  fresh  fruits  and  vegetables  by community
          gardens; to amend the general city law, the town law, the village law,
          the general municipal law and the highway law, in relation to  direct-
          ing  the state and municipalities to develop more and safer bike lanes
          and multiple use trails so as to encourage more physical activity  and
          to  reduce  carbon  emissions;  and to amend the parks, recreation and
          historic preservation law, in relation  to  directing  the  office  of
          parks,  recreation and historic preservation to develop more and safer
          multiple use trails in state parks in and throughout the state
          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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06133-01-9
        S. 2767                             2
     1  age groups, establishes a safe place for community involvement and helps
     2  to  reduce  the  incidence  of  crime,  engenders  a closer relationship
     3  between urban residents, nature and their local environment, and fosters
     4  green  job training and ecological education at all levels. It is there-
     5  fore the intent of the legislature and the purpose of  this  article  to
     6  foster growth in the number, size and scope of community gardens in this
     7  state  by encouraging state agencies, municipalities and private parties
     8  in their efforts to promote community gardens.
     9    § 2. Paragraph f of subdivision 2 of section 31-h of  the  agriculture
    10  and markets law, as added by chapter 528 of the laws of 2013, is amended
    11  to read as follows:
    12    f.  Assist,  support  and  encourage communication, and the sharing of
    13  resources between community garden organizations  [and],  the  New  York
    14  Harvest  For  New  York  Kids Week program established by the department
    15  pursuant to subdivision five-b of section sixteen of this chapter[,] and
    16  individual farm-to-school and school garden programs, and, where  appli-
    17  cable,  the department of health, the department of state, the office of
    18  children and family services and the division of housing  and  community
    19  renewal.
    20    § 3. Paragraph (a) of subdivision 4 of section 31-j of the agriculture
    21  and  markets  law,  as  amended  by  chapter 154 of the laws of 2015, is
    22  amended to read as follows:
    23    (a) The goals of the task force may include, but are not  limited  to,
    24  the study, evaluation and development of recommendations: (i) to encour-
    25  age  the establishment and expansion of community gardens by state agen-
    26  cies, municipal governments and private parties, (ii) to encourage coop-
    27  eration between the activities and operations of community  gardens  and
    28  provision  of  donated  food to local voluntary food assistance programs
    29  for the poor and disadvantaged, (iii)  to  increase  the  benefits  that
    30  community  gardens  may provide to the local community in which they are
    31  located, [and] (iv) to encourage cooperation with community-based organ-
    32  izations to increase the opportunities for  seniors,  those  aged  sixty
    33  years  of  age or older, to participate in community gardens, and (v) to
    34  encourage the expansion of the production of fresh fruits and vegetables
    35  in areas served by community gardens so that such fresh produce  can  be
    36  consumed  locally  to help encourage healthier life styles and wellness,
    37  and to help reduce the incidence of adult and childhood obesity.
    38    § 4. Subdivision 4 of section 28-a of the general city law is  amended
    39  by adding a new paragraph (j-1) to read as follows:
    40    (j-1)  Specific policies and strategies to develop more and safer bike
    41  lanes and multiple use trails so as to encourage more physical  activity
    42  and reduce carbon emissions.
    43    §  5.  Subdivision  3  of  section 272-a of the town law is amended by
    44  adding a new paragraph (j-1) to read as follows:
    45    (j-1) Specific policies and strategies to develop more and safer  bike
    46  lanes  and multiple use trails so as to encourage more physical activity
    47  and reduce carbon emissions.
    48    § 6. Subdivision 3 of section 7-722 of the village law is  amended  by
    49  adding a new paragraph (j-1) to read as follows:
    50    (j-1)  Specific policies and strategies to develop more and safer bike
    51  lanes and multiple use trails so as to encourage more physical  activity
    52  and reduce carbon emissions.
    53    §  7.  Subdivision  1 of section 239-d of the general municipal law is
    54  amended by adding a new paragraph (j-1) to read as follows:
        S. 2767                             3
     1    (j-1) Specific policies and strategies to develop more and safer  bike
     2  lanes  and multiple use trails so as to encourage more physical activity
     3  and reduce carbon emissions;
     4    §  8.  Subdivision  (b) of section 331 of the highway law, as added by
     5  chapter 398 of the laws of 2011, is amended to read as follows:
     6    (b) Complete street design features are roadway design  features  that
     7  accommodate  and facilitate convenient access and mobility by all users,
     8  including current and projected users, particularly  pedestrians,  bicy-
     9  clists  and  individuals  of  all ages and abilities engaged in physical
    10  activity. These features may include, but need not be limited to:  side-
    11  walks,  paved  shoulders suitable for use by bicyclists and pedestrians,
    12  lane striping, bicycle  lanes,  multiple  use  trails,  share  the  road
    13  signage,  crosswalks,  road diets, pedestrian control signalization, bus
    14  pull outs, curb cuts, raised crosswalks and ramps  and  traffic  calming
    15  measures; and recognize that the needs of users of the road network vary
    16  according to a rural, urban and suburban context.
    17    §  9.  Subdivision  10  of  section  3.09 of the parks, recreation and
    18  historic preservation law is amended to read as follows:
    19    10. Encourage, promote  and  provide  recreational  opportunities  for
    20  residents  of  urban  as  well  as  suburban  and rural areas, which may
    21  include, but not be limited to, the development of more and safer multi-
    22  ple use trails in state parks and throughout the state so as to  encour-
    23  age more physical activity.
    24    § 10. This act shall take effect immediately.