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. LBD01140-01-9A. 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.
