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A04139 Summary:

BILL NOA04139A
 
SAME ASSAME AS S00629-A
 
SPONSORLupardo
 
COSPNSRRaga, Carroll, Bichotte Hermelyn, Clark, Rosenthal L, Otis, Septimo, Simon, Joyner, Zaccaro, Stirpe, Lee
 
MLTSPNSR
 
Amd 31-j, Ag & Mkts L
 
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.
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A04139 Actions:

BILL NOA04139A
 
02/10/2023referred to agriculture
02/22/2023amend and recommit to agriculture
02/22/2023print number 4139a
02/27/2023reported referred to ways and means
05/23/2023reported referred to rules
05/24/2023reported
05/24/2023rules report cal.223
05/24/2023substituted by s629a
 S00629 AMEND=A COMRIE
 01/05/2023REFERRED TO AGRICULTURE
 01/25/20231ST REPORT CAL.207
 01/30/20232ND REPORT CAL.
 01/31/2023ADVANCED TO THIRD READING
 03/08/2023AMENDED ON THIRD READING 629A
 05/15/2023PASSED SENATE
 05/15/2023DELIVERED TO ASSEMBLY
 05/15/2023referred to ways and means
 05/24/2023substituted for a4139a
 05/24/2023ordered to third reading rules cal.223
 05/24/2023passed assembly
 05/24/2023returned to senate
 11/13/2023DELIVERED TO GOVERNOR
 11/17/2023VETOED MEMO.66
 01/05/2023REFERRED TO AGRICULTURE
 01/25/20231ST REPORT CAL.207
 01/30/20232ND REPORT CAL.
 01/31/2023ADVANCED TO THIRD READING
 03/08/2023AMENDED ON THIRD READING 629A
 05/15/2023PASSED SENATE
 05/15/2023DELIVERED TO ASSEMBLY
 05/15/2023referred to ways and means
 05/24/2023substituted for a4139a
 05/24/2023ordered to third reading rules cal.223
 05/24/2023passed assembly
 05/24/2023returned to senate
 11/13/2023DELIVERED TO GOVERNOR
 11/17/2023VETOED MEMO.66
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A04139 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4139A
 
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 designation, 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: This is new legislation.   FISCAL IMPLICATIONS: This legislation would have no fiscal implications.   EFFECTIVE DATE: This act shall take effect immediately.
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A04139 Text:



 
                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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