BILL NUMBER: S5159A
SPONSOR: COMRIE
 
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:
This legislation directs the Community Gardens Task Force (CGTF) to
evaluate community gardens across New York State and determine whether
they meet the criteria for designation as Critical Environmental Areas
(CEAs) under the State Environmental Quality Review Act (SEQRA). The
task force must complete its analysis within two years and submit a
written status report to the Legislature, the Governor, and relevant
state agencies by January 1 of the year following enactment.
 
SUMMARY OF PROVISIONS:
Section 1 amends Section 31-J of the Agriculture and Markets Law to
require the CGTF to assess community gardens statewide against the
criteria established by the Department of Environmental Conservation
(DEC) for CEA designation. The task force is authorized to consult with
DEC and community stakeholders in conducting its review. For gardens
that meet the criteria, the CGTF must prepare a written summary and
submit recommendations for designation to all relevant state agencies,
local governments, and municipalities. The task force's assessment does
not itself create a designation, which remains the legal responsibility
of the agency or municipality with jurisdiction. This process ensures
that agencies and municipalities have a clear and legally supported
record to consider when making CEA designation decisions.
Section 2 establishes the effective date of the bill, providing for
immediate implementation.
 
JUSTIFICATION:
Community gardens provide significant public benefits, including access
to fresh fruits and vegetables, green infrastructure that mitigates
stormwater and urban heat, recreational and educational opportunities,
and spaces that foster social cohesion. Many gardens exist in under-re-
sourced communities where residents have limited access to green space
or fresh produce, and where environmental hazards disproportionately
impact public health. Despite these benefits, community gardens are
often vulnerable to development pressures and lack formal protections
under current law.
This bill assigns a clear statutory duty to the CGTF to assess community
gardens for potential CEA designation under SEQRA. CEAs are geographic
areas identified for their environmental, social, cultural, historic,
recreational, educational, or other sensitive characteristics. By evalu-
ating gardens against DEC criteria and submitting formal recommendations
to municipalities and state agencies, the CGTF creates a legally ground-
ed process to support informed decision-making regarding CEA desig-
nation. The bill provides a practical mechanism to recognize and docu-
ment the importance of community gardens while maintaining existing
legal authority with the agency or municipality responsible for desig-
nating a CEA.
 
LEGISLATIVE HISTORY:
2024: 58560 Comrie / A9408 Lupardo - Passed Senate, died in Assembly
2023: S629A Comrie / A4139A Lupardo - Vetoed
2022: S8660 - Referred to Agriculture Committee
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately

Statutes affected:
S5159: 31-j agriculture and markets law
S5159A: 31-j agriculture and markets law