BILL NUMBER: S5159
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:
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 analyze commu-
nity gardens across New York and determine whether they meet the crite-
ria for a critical environmental area designation. They have two years
to do this and must provide a status report to all branches of govern-
ment before the first of the following year after it has been made law.
Section 2: Establishes the bill's effective date.
 
JUSTIFICATION:
This bill will not create a new task force or commission. What the bill
does is direct the existing task force on community gardens to report
whether community gardens meet the Department of Environmental Conserva-
tion (DEC) criteria for Critical Environmental Area (CEA) designation.
This bill builds on current law by requiring the Community Gardens Task
Force (CGTF) to identify the criteria set by DEC for CEA designation and
provide a written report for garden managers and state agencies.
For background: 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 (NYC CGC) 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, development) that may impact a garden. CEA
designation would give the public a louder voice in development deci-
sions and ensure that a community garden's unique and important charac-
teristics 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, including 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 communities and
communities of color where access to fresh produce is limited and expo-
sure 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.
 
AT ISSUE: Despite offering many benefits, community gardens have few
legal protections, and many gardens are currently threatened by develop-
ment projects. To help increase protections for community gardens, this
bill would encourage the designation of community gardens as Critical
Environmental 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:
2024: S8560 Comrie/ A9408 Lupardo- Passed Senate, died in Assembly.
2023: S629A Comrie/ A4139A Lupardo- veto message .66.
2022: S8660- Referred to Agriculture.
 
FISCAL IMPLICATIONS:
This legislation will have no fiscal implications.
 
EFFECTIVE DATE:
This act shall take effect immediately.

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