NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9403A
SPONSOR: Santabarbara TITLE OF BILL:
An act to amend the not-for-profit corporation law, in relation to the
use of property in a land bank for the creation of a community garden
PURPOSE OR GENERAL IDEA OF BILL:
This legislation aims to encourage the establishment of community
gardens on land owned by land banks in New York State.
SUMMARY OF PROVISIONS:
The bill proposes an amendment to Section 1609 of the not-for-profit
corporation law to add community gardens to the hierarchical ranking of
priorities for the use of real property conveyed by lands banks.
JUSTIFICATION:
This bill seeks to advance urban farming and community garden practices
on vacant urban land by allowing land bank-owned properties be dedicated
to these purposes.
In 2022, 1 in 10 New Yorkers were facing food insecurity; now, in early
2024, it's a staggering 1 in 4. This data highlights the critical need
for immediate action to address this pressing issue. There are a number
of underlying issues that must be addressed to fully tackle the root
causes of food insecurity. The Urban Farming Land Initiative Act recog-
nizes the potential of urban farming as part of the solution to address
food insecurity and seeks to utilize vacant urban land owned by land
banks in New York State, specifically requiring a percentage of the
properties be dedicated to farming use. Despite growing interest in
urban agriculture, the absence of a properties dedicated for this
purpose hampers its widespread implementation.
Ongoing policy debates highlight the need for targeted initiatives to
catalyze change and create and enable an environment for urban agricul-
ture to thrive. This initiative can complement broader efforts to combat
hunger by expanding access to fresh, locally grown produce and empower-
ing communities to address food insecurity at its root.
I believe urban agriculture holds significant promise in addressing the
challenges of food insecurity and blighted areas. Academic literature
and real-world examples demonstrate its positive impact on community
well-being, environmental sustainability, and local economies. By repur-
posing vacant urban land for agricultural use, we can not only increase
food security but also revitalize communities and promote sustainable
land use practices.
EFFECTIVE DATE:
This act shall take effect immediately.
PRIOR LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
STATE OF NEW YORK
________________________________________________________________________
9403--A
IN ASSEMBLY
March 6, 2024
___________
Introduced by M. of A. SANTABARBARA, GUNTHER, DAVILA, MANKTELOW, TAGUE
-- read once and referred to the Committee on Local Governments --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the not-for-profit corporation law, in relation to the
use of property in a land bank for the creation of a community garden
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (e) of section 1609 of the not-for-profit corpo-
2 ration law, as added by chapter 257 of the laws of 2011, is amended to
3 read as follows:
4 (e) A foreclosing governmental unit may, in its local law, resolution
5 or ordinance creating a land bank, or, in the case of multiple foreclos-
6 ing governmental units creating a single land bank in the applicable
7 intergovernmental cooperation agreement, establish a hierarchical rank-
8 ing of priorities for the use of real property conveyed by a land bank
9 including but not limited to:
10 (1) use for purely public spaces and places, including community
11 gardens;
12 (2) use for affordable housing;
13 (3) use for retail, commercial and industrial activities;
14 (4) use as wildlife conservation areas; and
15 (5) such other uses and in such hierarchical order as determined by
16 the foreclosing governmental unit or units.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14131-02-4
