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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9408
SPONSOR: Lupardo TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to provid-
ing additional duties of the community gardens task force
PURPOSE:
Directs the existing Community Gardens Task Force to determine whether
community gardens qualify for designation as Critical Environmental
Areas.
SUMMARY OF PROVISIONS:
Section 1: Amends Section 31-J of the agriculture and markets law to
authorize and direct the Community Gardens Task Force to report to the
Legislature an assessment of all community gardens in New York on public
land determining whether these community gardens meet the requirements
for Critical Environmental Area designation.
Section 2: Establishes the bill's effective date.
JUSTIFICATION:
This bill builds on current law by requiring the Community Gardens Task
Force (CGTF) to assess all community gardens located on publicly owned
land in New York to determine whether gardens meet the requirements for
designation as Critical Environmental Areas (CEAs) and to provide a
written summary of that assessment. CEA designation for community
gardens would act as a protection on urban agricultural land and has
been extolled by groups such as the New York City Community Garden
Coalition and Earth Justice. As part of their assessment, this bill
authorizes the CGTF to consult with the Department of Environmental
Conservation (DEC) and community members.
As defined by DEC, CEAs are geographic areas that exhibit at least one
of the following qualities: present a benefit or threat to human health;
are a natural setting; exhibit agricultural, social, cultural, historic,
archeological, recreational, or educational values; or display inherent
sensitivities that may be adversely affected by change. CEA designation
would increase public awareness of some development projects (procedural
changes would apply to Type I and Unlisted, but not Type II, develop-
ment) that may impact a garden. CEA designation would give the public a
louder voice in development decisions and ensure that a community
garden's unique and important characteristics are fully considered.
Even if a designation is granted, it does not automatically restrict any
activities in a CEA.
Community gardens provide New Yorkers with tremendous benefits, includ-
ing access to fresh fruits and vegetables, natural settings that support
physical and mental health, opportunities for social connection, and
green infrastructure that mitigates the impacts of extreme weather.
Community gardens often offer these benefits in under-resourced communi-
ties and communities of color where access to fresh produce is limited
and exposure to pollution drives public health disparities, and these
gardens are usually established and maintained by volunteers seeking to
honor and revitalize their communities. The benefits of community
gardens became even more apparent during the COVID-19 pandemic.
Despite offering many benefits, community gardens have few legal
protections, and many gardens are currently threatened by development
projects. To help increase protections for community gardens, this bill
would encourage the designation of community gardens as Critical Envi-
ronmental Areas under the State Environmental Quality Review Act
(SEQRA). For community gardens that meet the requirement for CEA desig-
nation, the CGTF would be required to provide a summary to the agencies
with jurisdiction over the gardens, along with a recommendation that the
agencies designate the gardens as CEAs. The assessment by the CGTF does
not guarantee such a designation, which must be made by the county,
municipality, or agency with oversight of the garden. However, an
assessment of gardens for CEA designation may facilitate CEA desig-
nation.
LEGISLATIVE HISTORY:
Formerly A-4139 of 2023, vetoed by Governor.
FISCAL IMPLICATIONS:
This legislation would have no fiscal implications.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9408
IN ASSEMBLY
March 13, 2024
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Agriculture
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-five, and shall complete such assessment on
11 or before January first, two thousand twenty-six. 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 thirty and on or
14 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;
24 (B) the name of the state or local agency that has jurisdiction over
25 the garden;
26 (C) a description of all the characteristics of the garden that cover
27 the factors in paragraph one of subdivision (g) of section 617.14 of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02740-04-4
A. 9408 2
1 title six of the official compilation of codes, rules and regulations of
2 the state of New York;
3 (D) the task force's conclusion as to whether the currently undesig-
4 nated garden meets the requirement for CEA designation; and
5 (E) any other information the task force deems appropriate.
6 (b) Upon completion of the assessment, the task force shall, to the
7 extent possible, provide the written summaries of its findings to a
8 member of each garden's leadership and, for the community gardens that
9 are currently undesignated and that meet the requirement for CEA desig-
10 nation, provide the written summaries of its findings to the agencies
11 with jurisdiction over the gardens, along with a recommendation that the
12 agencies designate the gardens as CEAs.
13 § 2. This act shall take effect immediately.
