Requires municipalities which sell, transfer or lease community garden real property to use proceeds therefrom for community garden purposes

Summary of specific provisions

Section 1: Adds Agriculture & Markets Law section 31-j which requires that municipalities create an account, the "community Gardens Account", to be funded with twenty percent of the proceeds from the sale, transfer or lease of property that was used as a community garden. The fund would only need to be established if such community garden was sold, transferred or leased. The fund will be used for community garden programs.

Justification

Community gardens provide open space, recreation, and food production opportunities for thousands of New Yorkers and help to beautify communities. Most of these gardens were created through sweat equity by neighborhood residents who volunteered to clear abandoned lots and create and maintain green space for use by seniors, children, school groups, and summer camps. Many of the gardens have received honors and some have received national press attention.

Most of the gardens are located in communities where residents do not have yards or own a second home in the country where they could tend a plot of land. These gardens are often the only "park" on the street. Encouraging the maintenance of these gardens should help to bring nature to urban neighborhoods where the existence of nature is not self evident.

Gardens are also important for low-income citizens who, by working in a community garden, can become more self-sufficient by growing their own fresh produce. Further, money that would have been used to purchase food can be used for other needs. Some of the garden sponsors donate significant quantities of food to voluntary food donation programs to help others.

Since such municipality benefits from the sale of land (that was previously vacant and abandoned property) that had been transformed by gardeners, it is appropriate that some of the proceeds be reinvested back into community gardens. This bill provides support for the continuation of the proud tradition of hard-working urban residents taking the initiative to beautify and improve their city.

Legislative history

A similar bill to this proposal, S.6343-A was vetoed by Governor Paterson in 2011. The reason for such veto is that the New York Conference of Mayors and Municipal Officials opposed the bill because it diminished local decision-making authority for such municipalities. Further, that the New York City Community Garden Coalition had concerns that the bill did not adequately protect and preserve existing community gardens. However, Governor Paterson did urge the bill's sponsor in his veto message to work closely with the Department of Agriculture and Markets, representative municipalities, and community organizations to arrive at a compromise solution that continues to give municipalities latitude to preserve local decision making authority, while at the same time encourage the establishment and enhancement of existing and future community gardens.

Senator Klein will continue a dialog with municipal officials, community garden proponents, and the Department of Ag. & Markets to arrive at a mutually agreeable proposal on this matter. In the meantime, this bill has been introduced as a study bill and vehicle to arrive at such a consensus. Once, a general understanding on community gardens enhancement and the adoption of measures to foster their expansion has been reached, this bill will be amended to incorporate those suggestions and comments.

Fiscal implications

None.

Effective date

This act shall take effect on the 180th day after it shall have become law.