Bill Text: NY A04139 | 2023-2024 | General Assembly | Amended


Bill Title: Requires the community gardens task force to conduct an assessment of all community gardens located on publicly owned land in the state to facilitate each eligible garden's designation as a critical environmental area.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced) 2023-05-24 - substituted by s629a [A04139 Detail]

Download: New_York-2023-A04139-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4139--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 10, 2023
                                       ___________

        Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
          tee on Agriculture --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT to amend the agriculture and markets law, in relation to provid-
          ing additional duties of the community gardens task force

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 31-j of the agriculture and markets law is amended
     2  by adding a new subdivision 6 to read as follows:
     3    6. (a) The task force shall conduct an  assessment  of  all  community
     4  gardens  located  on publicly owned land in the state to facilitate each
     5  eligible garden's designation as a  critical  environmental  area  (CEA)
     6  pursuant  to paragraph one of subdivision (g) of section 617.14 of title
     7  six of the official compilation of codes, rules and regulations  of  the
     8  state  of  New York. The task force shall provide a status report on the
     9  assessment to the governor and the  legislature  on  or  before  January
    10  first,  two  thousand twenty-four, and shall complete such assessment on
    11  or before January first, two thousand twenty-five. The task force  shall
    12  conduct  additional assessments of any new community gardens on publicly
    13  owned land on or before January first, two thousand twenty-nine  and  on
    14  or before January first of each fifth year thereafter. In conducting the
    15  assessment, the task force shall:
    16    (i)  consult,  to  the  fullest  extent possible, with members of each
    17  community garden regarding the garden's characteristics;
    18    (ii) consult, to the fullest extent possible, with the  department  of
    19  environmental  conservation  regarding  the  requirements for CEA desig-
    20  nation; and
    21    (iii) prepare a written summary of its findings regarding each  commu-
    22  nity garden that shall include:
    23    (A) the name and address of the garden;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02740-02-3

        A. 4139--A                          2

     1    (B)  the  name of the state or local agency that has jurisdiction over
     2  the garden;
     3    (C)  a description of all the characteristics of the garden that cover
     4  the factors in paragraph one of subdivision (g)  of  section  617.14  of
     5  title six of the official compilation of codes, rules and regulations of
     6  the state of New York;
     7    (D)  the  task force's conclusion as to whether the currently undesig-
     8  nated garden meets the requirement for CEA designation; and
     9    (E) any other information the task force deems appropriate.
    10    (b) Upon completion of the assessment, the task force  shall,  to  the
    11  extent  possible,  provide  the  written  summaries of its findings to a
    12  member of each garden's leadership and, for the community  gardens  that
    13  are  currently undesignated and that meet the requirement for CEA desig-
    14  nation, provide the written summaries of its findings  to  the  agencies
    15  with jurisdiction over the gardens, along with a recommendation that the
    16  agencies designate the gardens as CEAs.
    17    § 2. This act shall take effect immediately.
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