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The Duane Community Garden Bill Reintroduced for 2001-2002, The NY State Assembly Bills 2001-2002 in Support of Community Gardens


Friends,

Happy NY State Legislative Season 2001-2002!  Do we let these lovely
progressive community garden bills languish in committee, once again, or do
we make enough noise in this election year to actually get these bills to
the floor for a vote?

Letters, emails and phone calls to your NYS Senators
http://www.senate.state.ny.us/ 
and NYS Assembly Representatives  http://assembly.state.ny.us/  would be
highly appropriate.  All of their information can be gleaned from these
links. 

New rule: No whining about bulldozers and Rudy Giuliani allowed unless you
lobby your representatives, and the appropriate committee chairs on all of
these bills. Committee whos?
It's all there in the websites.
 You will, of course bug any and all NYC Council representatives and wanna
bees about City Council Intro 742/3 and send lots of mail to NYC Council
Speaker Vallone asking him, the mayoral candidate to let the bill get to the
floor of the NYC Council. 

http://www.council.nyc.ny.us/index.html


Speaker Vallone: 

http://www.council.nyc.ny.us/council/qs.htm

Keep those cards, letters and e-mails coming! 

Best wishes for a lovely legislative season,

Adam Honigman
 

This is Senate Bill #2035, NY State Senator, Tom Duane's bill requiring new
reviews of undisposed NYC land used as greenthumb community gardens to be
reviewed under the Universal Land Use Review Procedure. The NYS Assembly
Bill is # 5999.
Also attached for your reading pleasure are NYS Assembly Bills: 

#1173   "AN  ACT to amend the agriculture and markets law, in relation to
providing assistance for community gardens"

#5819    "AN ACT to dedicate community gardens as parkland in the city of
New York"
  
#1716A   "AN ACT to dedicate community gardens as parkland in  the  state
of  New York" 

#2154     " AN ACT to amend the environmental conservation law, in relation
to  the  definition of historic preservation project". The key section of
this bill is at lines 4-18 : 

4     "Historic preservation project" means a project  undertaken  by  a
             5  municipality  or  a  not-for-profit  corporation  to
acquire,  improve,
             6  restore or rehabilitate property listed on the state or
national  regis-
             7  ters  of  historic  places,  including,  but not limited to,
projects at
             8  zoos, botanical gardens, and aquaria, to protect the
historic, cultural,
             9  archeological, or architectural significance thereof, or
undertaken  by
            10  the  office  of  parks, recreation and historic preservation
to improve,
            11  restore or rehabilitate state historic properties listed on
the state or
            12  national  registers  of  historic  places  to  protect  the
historical,
            13  cultural  or architectural significance thereof OR PROJECTS
AT COMMUNITY
            14  GARDENS. FOR PURPOSES OF THIS SUBDIVISION, A COMMUNITY
GARDEN SHALL MEAN
            15  ANY PARCEL OF LAND CURRENTLY OWNED BY A MUNICIPALITY OR  ITS
AGENCY  OR
            16  AUTHORITY THAT IS OR WAS PERMITTED TO BE USED BY RESIDENTS
AS A COMMUNAL
            17  GARDENING SPACE FOR AN INTERIM OR DESIGNATED PERIOD OF TIME
AND WHICH IS
            18  CURRENTLY FOR SALE BY THE MUNICIPALITY.

 
Letters, emails and phone calls to your NYS Senate
http://www.senate.state.ny.us/ 
and NYS Assembly http://assembly.state.ny.us/  Representatives would be
highly appropriate.  All of their information can be gleaned from these
links. 

  
The full text of the bills listed above: 

                      S T A T E   O F   N E W   Y O R K
    ________________________________________________________________________
                                      2035
                           2001-2002 Regular Sessions
                                I N  S E N A T E
                                February 1, 2001
                                   ___________
    Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
      printed to be committed to the Committee on Cities
    AN ACT to amend the New York city charter, in relation  to  requiring  a
      new  review  pursuant to the uniform land use review procedure for New
      York city-owned real property used as a  greenthumb  community  garden
      where  such  real  property has not been disposed of within a ten-year
      period from such review

      THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
    BLY, DO ENACT AS FOLLOWS:
 1    Section  1.  Section  384  of  the New York city charter is amended by
 2  adding a new subdivision c to read as follows:
 3    C. 1. FOR THE PURPOSES  OF  THIS  SUBDIVISION,  "GREENTHUMB  COMMUNITY
 4  GARDEN" SHALL MEAN ANY CITY-OWNED REAL PROPERTY WHICH AS OF APRIL FIRST,
 5  NINETEEN  HUNDRED  NINETY-EIGHT  WAS  USED  IN  A  PROGRAM AUTHORIZED BY
 6  SECTION NINETY-SIX OF THE GENERAL MUNICIPAL LAW WHERE TECHNICAL  ASSIST-
 7  ANCE  WAS  PROVIDED  BY ONE OR MORE CITY AGENCIES OR DEPARTMENTS AND ANY
 8  CITY-OWNED REAL PROPERTY USED IN SUCH A PROGRAM AFTER THAT DATE.
 9    2. WHERE AN APPLICATION FOR THE SALE, LEASE, EXCHANGE OR OTHER  DISPO-
10  SITION  OF  A  GREENTHUMB  COMMUNITY  GARDEN  HAS BEEN OR IS APPROVED IN
11  ACCORDANCE WITH SECTION ONE HUNDRED NINETY-SEVEN-C OF THIS CHARTER  AND,
12  WHERE  APPLICABLE,  SECTION  ONE HUNDRED NINETY-SEVEN-D OF THIS CHARTER,
13  AND THE DISPOSITION OF SUCH  REAL  PROPERTY  HAS  NOT  BEEN  OR  IS  NOT
14  COMPLETED  WITHIN TEN YEARS OF SUCH APPROVAL, THE MAYOR SHALL NOTIFY THE
15  COUNCIL IN WRITING OF THE FAILURE TO  COMPLETE  SUCH  DISPOSITION.  SUCH
16  NOTICE  SHALL  BE PROVIDED  WITHIN THIRTY DAYS AFTER THE TEN-YEAR PERIOD
17  HAS ELAPSED OR THE EFFECTIVE DATE OF THIS PARAGRAPH, WHICHEVER IS LATER,
18  AND SHALL IDENTIFY ALL  SUCH  GREENTHUMB  COMMUNITY  GARDENS  BY  STREET
19  ADDRESS,  TAX  BLOCK  AND  TAX  LOT,  INDICATE THE COMMUNITY DISTRICT OR
20  DISTRICTS WITHIN WHICH SUCH GREENTHUMB COMMUNITY GARDEN IS LOCATED,  AND
21  THE  AGENCY  HAVING JURISDICTION OF SUCH GREENTHUMB COMMUNITY GARDEN. NO
22  SALE, LEASE, EXCHANGE OR OTHER DISPOSITION OF ANY  GREENTHUMB  COMMUNITY
     EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                          { } is old law to be omitted.
                                                               LBD00871-01-1
                                   PAGE-2
 1  GARDEN  FOR  WHICH  SUCH  NOTICE IS REQUIRED MAY BE COMPLETED UNTIL SUCH
 2  TIME AS THE COUNCIL SHALL HAVE COMPLETED ITS REVIEW IN  ACCORDANCE  WITH
 3  PARAGRAPH  THREE  OF  THIS SUBDIVISION OR THE PERIOD FOR SUCH REVIEW HAS
 4  ELAPSED.
 5    3.  WITHIN  FIFTY  DAYS FROM RECEIPT OF SUCH NOTIFICATION, THE COUNCIL
 6  MAY BY AN AFFIRMATIVE VOTE OF TWO-THIRDS  OF  ALL  THE  COUNCIL  MEMBERS
 7  RESCIND  THE  PREVIOUSLY  APPROVED  AUTHORIZATION  FOR  THE SALE, LEASE,
 8  EXCHANGE OR OTHER DISPOSITION OF SUCH GREENTHUMB COMMUNITY  GARDEN  WITH
 9  THE  EXCEPTION  OF  ANY  PROVISIONS  OF  SUCH  APPROVAL THAT IMPOSED ANY
10  RESTRICTIONS ON THAT DISPOSITION NOT RELATED TO THE LAND USE IMPACT  AND
11  IMPLICATIONS OF THAT DISPOSITION AND WITH THE FURTHER EXCEPTION THAT THE
12  COUNCIL  MAY NOT RESCIND ANY PROVISION OF A PREVIOUSLY APPROVED AUTHORI-
13  ZATION FOR THE SALE, LEASE, EXCHANGE OR OTHER DISPOSITION  OF  A  GREEN-
14  THUMB COMMUNITY GARDEN WHERE SUCH DISPOSITION WAS DIRECTLY RELATED TO OR
15  CONTINGENT UPON THE DISPOSITION OF ANY OTHER REAL PROPERTY.
16    S 2. This act shall take effect immediately.
============================================================================
====
 BILL NUMBER:  S2035
 PURPOSE :  To authorize City Council review of ULURP applications
involving greenthumb community gardens where the real property subject
to such review has not been conveyed or otherwise transferred within
ten or more years from such review.
 SUMMARY OF PROVISIONS :  Defines greenthumb community garden as
city-owned real property which, as of April 1, 1998, was used in a
program authorized by section 96 of the General Municipal Law where
technical assistance was provided by one or more city agencies or
departments and any city-owned real property used in such a program
after that date.
Provides that where a greenthumb community garden was the subject of
the uniform land use review procedure (ULURP) in accordance with
section 197-c and, where applicable, section 197-d of the New York
City Charter, and where the disposition of such real property has not
been or is not completed within ten years of such approval, the mayor
shall notify the Council in writing of the failure to complete such
disposition. Such notice shall identify all such greenthumb community
gardens by street address, tax block and tax lot, community district
or districts within which such gardens are located and the agency
having jurisdiction of such garden. No sale, lease, exchange or other
disposition of any garden for which such notice is required may be
completed until such time as the Council shall have completed its
review or the period for such review has elapsed.
 EXISTING LAW :  Many parcels of city-owned property in use as
greenthumb community gardens were the subject of ULURP applications
approved by the Board of Estimate ten or more years ago. As the Board
of Estimate's land use authority is now exercised by the City Council
and the circumstances present when these ULURP determinations were
made may have changed, the Council should have the option of
re-visiting these ULURP determinations on a case-by-case basis.
 JUSTIFICATION :  There are many communities in the five boroughs of
New York City which have limited open space and are underserved by
traditional park land. New York City has one of the lowest open space
ratios for residents of any metropolitan area - 2.5 acres per one
thousand residents. Thirty-three of the city's fifty-nine Community
Districts do not even meet these meager standards. Community groups
have responded to the dearth of open space by developing greenthumb
community gardens in city-owned vacant lots and trash-strewn spaces
that have been neglected. Neighborhood volunteers have contributed
considerable effort to make greenthumb community gardens a vital
component of neighborhood quality of life. Today, there are over 700
successful greenthumb community gardens in New York City.
 PRIOR LEGISLATIVE HISTORY :  New bill.
 FISCAL IMPLICATIONS :  None.
 EFFECTIVE DATE :  This act shall take effect immediately.
============================================================================
====

NY  State Assembly Bill # 5999: 

                       S T A T E   O F   N E W   Y O R K                   
 
________________________________________________________________________
 

                                                  5999

 

                                       2001-2002 Regular Sessions

 

                                          I N  A S S E M B L Y

 

                                              March 5, 2001

                                               ___________

 

                Introduced  by M. of A. BRENNAN -- Multi-Sponsored by -- M.
of A. CLARK,
                  COOK, DINOWITZ, ESPAILLAT, GLICK, GOTTFRIED, GRANNIS,
GREEN,  HIKIND,
                  JACOBS, KLEIN, MARKEY, MILLMAN, ORTIZ, PERRY, PHEFFER,
RHODD-CUMMINGS,
                  SANDERS,  SCARBOROUGH, STRINGER, VITALIANO, WEINSTEIN --
read once and
                  referred to the Committee on Cities

 

                AN ACT to amend the New York city charter, in relation  to
requiring  a
                  new  review  pursuant to the uniform land use review
procedure for New
                  York city-owned real property used as a  greenthumb
community  garden
                  where  such  real  property has not been disposed of
within a ten-year
                  period from such review

 

                  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE
AND  ASSEM-
                BLY, DO ENACT AS FOLLOWS:

 

             1    Section  1.  Section  384  of  the New York city charter
is amended by
             2  adding a new subdivision c to read as follows:

             3    C. 1. FOR THE PURPOSES  OF  THIS  SUBDIVISION,
"GREENTHUMB  COMMUNITY
             4  GARDEN" SHALL MEAN ANY CITY-OWNED REAL PROPERTY WHICH AS OF
APRIL FIRST,
             5  NINETEEN  HUNDRED  NINETY-EIGHT  WAS  USED  IN  A  PROGRAM
AUTHORIZED BY
             6  SECTION NINETY-SIX OF THE GENERAL MUNICIPAL LAW WHERE
TECHNICAL  ASSIST-
             7  ANCE  WAS  PROVIDED  BY ONE OR MORE CITY AGENCIES OR
DEPARTMENTS AND ANY
             8  CITY-OWNED REAL PROPERTY USED IN SUCH A PROGRAM AFTER THAT
DATE.        
             9    2. WHERE AN APPLICATION FOR THE SALE, LEASE, EXCHANGE OR
OTHER  DISPO-
            10  SITION  OF  A  GREENTHUMB  COMMUNITY  GARDEN  HAS BEEN OR IS
APPROVED IN
            11  ACCORDANCE WITH SECTION ONE HUNDRED NINETY-SEVEN-C OF THIS
CHARTER  AND,
            12  WHERE  APPLICABLE,  SECTION  ONE HUNDRED NINETY-SEVEN-D OF
THIS CHARTER,
            13  AND THE DISPOSITION OF SUCH  REAL  PROPERTY  HAS  NOT  BEEN
OR  IS  NOT
            14  COMPLETED  WITHIN TEN YEARS OF SUCH APPROVAL, THE MAYOR
SHALL NOTIFY THE
            15  COUNCIL IN WRITING OF THE FAILURE TO  COMPLETE  SUCH
DISPOSITION.  SUCH
            16  NOTICE  SHALL  BE PROVIDED  WITHIN THIRTY DAYS AFTER THE
TEN-YEAR PERIOD
            17  HAS ELAPSED OR THE EFFECTIVE DATE OF THIS PARAGRAPH,
WHICHEVER IS LATER,
            18  AND SHALL IDENTIFY ALL  SUCH  GREENTHUMB  COMMUNITY  GARDENS
BY  STREET
            19  ADDRESS,  TAX  BLOCK  AND  TAX  LOT,  INDICATE THE COMMUNITY
DISTRICT OR
 

                 EXPLANATION--Matter in ITALICS (underscored) is new; matter
in brackets
                                      { } is old law to be omitted.

 
LBD00871-01-1
 

                A. 5999                             2

 

             1  DISTRICTS WITHIN WHICH SUCH GREENTHUMB COMMUNITY GARDEN IS
LOCATED,  AND
             2  THE  AGENCY  HAVING JURISDICTION OF SUCH GREENTHUMB
COMMUNITY GARDEN. NO
             3  SALE, LEASE, EXCHANGE OR OTHER DISPOSITION OF ANY
GREENTHUMB  COMMUNITY
             4  GARDEN  FOR  WHICH  SUCH  NOTICE IS REQUIRED MAY BE
COMPLETED UNTIL SUCH
             5  TIME AS THE COUNCIL SHALL HAVE COMPLETED ITS REVIEW IN
ACCORDANCE  WITH
             6  PARAGRAPH  THREE  OF  THIS SUBDIVISION OR THE PERIOD FOR
SUCH REVIEW HAS
             7  ELAPSED.

             8    3. WITHIN FIFTY DAYS FROM RECEIPT OF SUCH  NOTIFICATION,
THE  COUNCIL
             9  MAY  BY  AN  AFFIRMATIVE  VOTE  OF TWO-THIRDS OF ALL THE
COUNCIL MEMBERS
            10  RESCIND THE PREVIOUSLY  APPROVED  AUTHORIZATION  FOR  THE
SALE,  LEASE,
            11  EXCHANGE  OR  OTHER DISPOSITION OF SUCH GREENTHUMB COMMUNITY
GARDEN WITH
            12  THE EXCEPTION OF ANY  PROVISIONS  OF  SUCH  APPROVAL  THAT
IMPOSED  ANY
            13  RESTRICTIONS  ON THAT DISPOSITION NOT RELATED TO THE LAND
USE IMPACT AND
            14  IMPLICATIONS OF THAT DISPOSITION AND WITH THE FURTHER
EXCEPTION THAT THE
            15  COUNCIL MAY NOT RESCIND ANY PROVISION OF A PREVIOUSLY
APPROVED  AUTHORI-
            16  ZATION  FOR  THE  SALE, LEASE, EXCHANGE OR OTHER DISPOSITION
OF A GREEN-
            17  THUMB COMMUNITY GARDEN WHERE SUCH DISPOSITION WAS DIRECTLY
RELATED TO OR
            18  CONTINGENT UPON THE DISPOSITION OF ANY OTHER REAL PROPERTY.

            19    S 2. This act shall take effect immediately.

         .SO DOC A 5999          *END*                    BTXT
2001     


               
        Thursday, April 19, 2001 
         Bill Text   -   A01173 
                             Back | New York State Bill Search | Assembly
Home 
         See Bill Summary 

 

                                    S T A T E   O F   N E W   Y O R K

 
________________________________________________________________________
 

                                                  1173

 

                                       2001-2002 Regular Sessions

 

                                          I N  A S S E M B L Y

 

                                            January 10, 2001

                                               ___________

 

                Introduced by M. of A. COOK, DAVIS, ORTIZ -- Multi-Sponsored
by -- M. of
                  A. AUBRY, BRENNAN, GLICK, JACOBS, SCARBOROUGH, WRIGHT --
read once and
                  referred to the Committee on Cities

 

                AN  ACT to amend the agriculture and markets law, in
relation to provid-
                  ing assistance for community gardens

 

                  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE
AND  ASSEM-
                BLY, DO ENACT AS FOLLOWS:

 

             1    Section  1. The agriculture and markets law is amended by
adding a new
             2  section 31-j to read as follows:

             3    S 31-J. SALE OF COMMUNITY GARDENS PROPERTY IN CERTAIN
CITIES.  IN  ANY
             4  CITY  WITH A POPULATION OF ONE MILLION OR MORE, WHENEVER
SUCH CITY SELLS
             5  OR LEASES PROPERTY WHICH WAS USED AS A COMMUNITY GARDEN
PURSUANT  TO  AN
             6  AGREEMENT WITH THE CITY AT ANY TIME WITHIN FIVE YEARS PRIOR
TO SUCH SALE
             7  OR  LEASE, THE CITY SHALL DEPOSIT FIVE PERCENT OF THE
PROCEEDS FROM SUCH
             8  SALE OR LEASE INTO A SEPARATE ACCOUNT TO BE  DESIGNATED  THE
"COMMUNITY
             9  GARDENS  ACCOUNT".  FUNDS IN SUCH ACCOUNT SHALL BE USED FOR
THE PURPOSES
            10  OF PURCHASING PROPERTY  TO  BE  USED  AS  COMMUNITY
GARDENS,  PROVIDING
            11  SUPPLIES AND MATERIALS NEEDED BY COMMUNITY GARDENS AND
PROVIDING TECHNI-
            12  CAL  AND  FINANCIAL ASSISTANCE TO NOT-FOR-PROFIT
ASSOCIATIONS, NEIGHBOR-
            13  HOOD ASSOCIATIONS, SCHOOLS AND OTHER GROUPS THAT SPONSOR OR
PROPOSE  TO
            14  SPONSOR A COMMUNITY GARDEN.

            15    S 2. This act shall take effect immediately.

 

 

 

 

                 EXPLANATION--Matter in ITALICS (underscored) is new; matter
in brackets
                                      { } is old law to be omitted.

 
LBD00535-01-1
         .SO DOC A 1173          *END*                    BTXT
2001     

  
        Thursday, April 19, 2001 
         Bill Text   -   A05819 
                             Back | New York State Bill Search | Assembly
Home 
         See Bill Summary 

 

                                    S T A T E   O F   N E W   Y O R K

 
________________________________________________________________________
 

                                                  5819

 

                                       2001-2002 Regular Sessions

 

                                          I N  A S S E M B L Y

 

                                              March 1, 2001

                                               ___________

 

                Introduced  by  M.  of  A.  BRENNAN,  A. COHEN,  GLICK,
KLEIN, DINOWITZ,
                  STRINGER -- Multi-Sponsored by -- M. of A. COLTON, COOK,
DIAZ, ESPAIL-
                  LAT, GRANNIS, GREEN, JACOBS,  LAFAYETTE,  MILLMAN,  PERRY,
P. RIVERA,
                  SCARBOROUGH,  WRIGHT  --  read  once  and referred to the
Committee on
                  Cities

 

                AN ACT to dedicate community gardens as parkland in the city
of New York
 

                  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE
AND  ASSEM-
                BLY, DO ENACT AS FOLLOWS:

 

             1    Section  1.  Legislative  findings.  The legislature
hereby finds that
             2  community gardens in New York city are valuable to the
preservation  of
             3  the  quality  of  life in such communities. Hundreds of
vacant lots have
             4  been transformed from  places  of  blight  and  criminal
activity  into
             5  productive  spaces  offering  beautiful flower and vegetable
gardens and
             6  recreational areas for use by community  residents  of  all
ages.  Such
             7  transformations have been at the initiative and
responsibility of commu-
             8  nity  volunteers.  Such volunteers have been able to
transform abandoned
             9  lots into plots offering park and recreational benefits at
a  cost  far
            10  below what it would have cost the city of New York to do.
Such community
            11  gardens  were  developed  by  volunteers  in  response to
the city`s own
            12  neglect or failure to remedy such areas of urban blight.

            13    The 1995 New York State Open Space Plan indicated that
open  space  is
            14  critically  missing  in  New York city where millions of
people live and
            15  recreate. The plan found that  two  thirds  of  the
community  planning
            16  districts  fall  below  the New York city standard of 2.5
acres per 1000
            17  persons and are thus underserved by public open  space.
Approximately
            18  one  half  of the city`s community planning districts have
less than 1.5
            19  acres per 1000 persons including most of Brooklyn,  some  of
Manhattan,
            20  the  Bronx  and  Queens.  The  plan calls for equity for
communities and
            21  neighborhoods in New York city that are underserved by open
space as  an
            22  important  public  policy  goal.  Small parcels of open
space are easily
            23  accessible to large numbers of people and have a greater
value to  urban
 

                 EXPLANATION--Matter in ITALICS (underscored) is new; matter
in brackets
                                      { } is old law to be omitted.

 
LBD06363-01-1
 

                A. 5819                             2

 

             1  dwellers  than  many acres of land that are not accessible.
Lands, which
             2  in an urban area can be used for community gardens or
neighborhood parks
             3  and open spaces are as significant to the environmental
health  of  city
             4  residents  as areas in pristine environmental condition are
to people in
             5  rural areas.

             6    In recognition of the importance of such places to the
community  and
             7  its  quality  of life, the legislature hereby declares
community gardens
             8  as parkland of the city of New York and further finds that
such communi-
             9  ty gardens cannot be sold or developed by the city of New
York  without
            10  the  approval  of  the  community  board in whose district
the community
            11  garden is situated.

            12    S 2. Notwithstanding any inconsistent provision of law,
lots  commonly
            13  referred  to as community gardens, which have been leased by
the city of
            14  New York to community residents for use as a  community
garden  or  for
            15  recreation purposes for at least one year prior to the
effective date of
            16  this  act  shall  be dedicated as parkland of the city of
New York. Such
            17  parkland shall not be developed or sold by the city of New
York  unless
            18  the  community  board  which  has  jurisdiction over the
location of the
            19  garden approves the plot`s withdrawal from the community
garden program.
            20    S 3. This act shall take effect immediately.

         .SO DOC A 5819          *END*                    BTXT
2001  

                      S T A T E   O F   N E W   Y O R K                   
 
________________________________________________________________________
 

                                                 1716--A

 

                                       2001-2002 Regular Sessions

 

                                            I N  S E N A T E

 

                                            January 29, 2001

                                               ___________

 

                Introduced by Sens. SAMPSON, HASSELL-THOMPSON, LACHMAN,
MARKOWITZ, MONT-
                  GOMERY,  SANTIAGO, A. SMITH, M. SMITH -- read twice and
ordered print-
                  ed, and when printed to be committed to the  Committee  on
Cities  --
                  committee  discharged,  bill amended, ordered reprinted as
amended and
                  recommitted to said committee

 

                AN ACT to dedicate community gardens as parkland in  the
state  of  New
                  York

 

                  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN
SENATE AND ASSEM-
                BLY, DO ENACT AS FOLLOWS:

 

             1    Section 1. Legislative findings  and  declaration.    The
legislature
             2  hereby  finds and declares that preservation of community
gardens in the
             3  state of New York is a matter of state concern.  Community
gardens  are
             4  valuable  to  the preservation of the quality of life in New
York state.
             5  Hundreds of vacant lots have been transformed from places of
blight  and
             6  criminal  activity  into productive spaces offering
beautiful flower and
             7  vegetable gardens and recreational areas for use by
community  residents
             8  of  all  ages.  Such  transformations  have  been  at the
initiative and
             9  responsibility of community volunteers. Such volunteers have
been  able
            10  to  transform  abandoned  lots into plots offering park and
recreational
            11  benefits at a cost far below what it would have cost the
state  or  the
            12  local  municipalities  to  do.  Such community gardens were
developed by
            13  volunteers in response to urban blight in their areas.

            14    Small parcels of open space in local municipalities are
easily  acces-
            15  sible to large numbers of people and have a greater value to
urban dwel-
            16  lers than many acres of land that are not accessible. Lands,
which in an
            17  urban  area  can be used for community gardens or
neighborhood parks and
            18  open spaces are as significant to the environmental health
of  municipal
            19  residents  as areas in pristine environmental condition are
to people in
            20  rural areas.

            21    In recognition of the importance of such places to the
state  and  its
            22  quality  of  life,  the  legislature hereby finds and
declares community
 

                 EXPLANATION--Matter in ITALICS (underscored) is new; matter
in brackets
                                      { } is old law to be omitted.

 
LBD06363-02-1
 

                S. 1716--A                          2

 

             1  gardens as parkland of the State of New York and further
finds that such
             2  community gardens cannot be sold or developed by any local
municipality
             3  without  the  approval  of  the local zoning board or in the
case of any
             4  city  having  a population of one million or more without
the permission
             5  of the community board in whose district the community
garden  is  situ-
             6  ated.

             7    S  2. Notwithstanding any inconsistent provision of law,
lots commonly
             8  referred to as community gardens, which have been leased  by
any  local
             9  municipality  in the state of New York to community
residents for use as
            10  a community garden or for recreation purposes  for  at
least  one  year
            11  prior  to  the effective date of this act shall be dedicated
as parkland
            12  in the municipality wherein such community garden exists.
Such  parkland
            13  shall  not be developed or sold unless the local zoning
board, or in the
            14  case of cities having a population of one million or more,
the community
            15  board that has jurisdiction over the location of the garden
approves the
            16  plot`s withdrawal from the community garden program.

            17    S 3. This act shall take effect immediately.

         .SO DOC S 1716A         *END*                    BTXT
2001     


 

                                    S T A T E   O F   N E W   Y O R K

 
________________________________________________________________________
 

                                                  2154

 

                                       2001-2002 Regular Sessions

 

                                            I N  S E N A T E

 

                                            February 5, 2001

                                               ___________

 

                Introduced  by  Sens. MONTGOMERY, CONNOR, GENTILE, HEVESI,
KRUGER, LACH-
                  MAN, MARKOWITZ, OPPENHEIMER, PATERSON, SAMPSON,
SCHNEIDERMAN, M. SMITH
                  -- read twice and ordered printed, and when printed to be
committed to
                  the Committee on Water Resources

 

                AN ACT to amend the environmental conservation law, in
relation  to  the
                  definition of historic preservation project

 

                  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN
SENATE AND ASSEM-
                BLY, DO ENACT AS FOLLOWS:

 

             1    Section 1. Subdivision 13 of  section  56-0101  of  the
environmental
             2  conservation  law,  as  added  by  chapter  413  of the laws
of 1996, is
             3  amended to read as follows:

             4    13. "Historic preservation project" means a project
undertaken  by  a
             5  municipality  or  a  not-for-profit  corporation  to
acquire,  improve,
             6  restore or rehabilitate property listed on the state or
national  regis-
             7  ters  of  historic  places,  including,  but not limited to,
projects at
             8  zoos, botanical gardens, and aquaria, to protect the
historic, cultural,
             9  archeological, or architectural significance thereof, or
undertaken  by
            10  the  office  of  parks, recreation and historic preservation
to improve,
            11  restore or rehabilitate state historic properties listed on
the state or
            12  national  registers  of  historic  places  to  protect  the
historical,
            13  cultural  or architectural significance thereof OR PROJECTS
AT COMMUNITY
            14  GARDENS. FOR PURPOSES OF THIS SUBDIVISION, A COMMUNITY
GARDEN SHALL MEAN
            15  ANY PARCEL OF LAND CURRENTLY OWNED BY A MUNICIPALITY OR  ITS
AGENCY  OR
            16  AUTHORITY THAT IS OR WAS PERMITTED TO BE USED BY RESIDENTS
AS A COMMUNAL
            17  GARDENING SPACE FOR AN INTERIM OR DESIGNATED PERIOD OF TIME
AND WHICH IS
            18  CURRENTLY FOR SALE BY THE MUNICIPALITY.

            19    S  2.  This  act  shall take effect immediately and shall
be deemed to
            20  have been in full force and effect on and after January 1,
2001.        
 

 

                 EXPLANATION--Matter in ITALICS (underscored) is new; matter
in brackets
                                      { } is old law to be omitted.

 
LBD03274-01-1
         .SO DOC S 2154          *END*                    BTXT
2001     

                         







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