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

                                  5398

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law and the real property tax law,
  in relation to the sale and lease of certain  municipal  property  for
  the cultivation and sale of fresh fruits and vegetables

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

  Section 1. Legislative intent and findings. The legislature finds that
there exists in certain municipalities an excess of vacant property that
is not needed for public use and such vacant properties present numerous
problems for these municipalities including presenting  the  opportunity
for  criminal  activity,  deterring  neighboring  property  owners  from
improving their properties and prospective purchasers and  renters  from
locating  into  these  areas,  and  serving  as a location to dispose of
unwanted items. Due, in part, to increasing  population  densities,  the
deterioration  of  infrastructure such as parks, and fiscal constraints,
these municipalities have been challenged to  offer  residents  opportu-
nities  to  enhance the quality of their lives. Municipal residents also
suffer from a shortage of fruits and vegetables due to the  scarcity  of
full  service  supermarkets  and farmer's markets within certain munici-
palities. The shortages of recreational  opportunities  and  sources  of
fresh  fruits  and vegetables have contributed to increases in childhood
obesity and other adverse health consequences for  municipal  residents.
Authorization  for  municipalities  to  lease  and  sell  vacant land to
nonprofit entities to cultivate these lands can provide both recreation-
al opportunities and a source of fresh, locally grown fruits and vegeta-
bles for local residents. The nonprofit cultivation of previously vacant
land by nonprofit entities is a public purpose for which the  long  term
lease and sale of these properties, and exemption from property taxation
therefor,  is warranted, even in those instances when produce is sold to
further the mission of these nonprofit entities.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10412-02-5
              

S. 5398                             2

  S 2. The general municipal law is amended by adding a new section 96-c
to read as follows:
  S  96-C.  SALE  OR LEASE OF MUNICIPALLY OWNED LAND FOR THE CULTIVATION
AND SALE OF FRUITS AND VEGETABLES. 1. NOTWITHSTANDING THE PROVISIONS  OF
ANY  GENERAL,  SPECIAL  OR  LOCAL LAW APPLICABLE TO THE SALE OR LEASE OF
REAL PROPERTY BY A MUNICIPALITY, VACANT  PUBLIC  LAND  MAY  BE  SOLD  OR
LEASED  FOR A CONSIDERATION, WHICH MAY BE NOMINAL, TO A NONPROFIT ORGAN-
IZATION TO CULTIVATE AND SELL FRESH FRUITS AND VEGETABLES ON OR OFF  THE
PROPERTY.  FOR PURPOSES OF THIS SECTION, "VACANT PUBLIC LAND" SHALL MEAN
ANY LAND OWNED BY A MUNICIPALITY  THAT  IS  NOT  IN  USE  FOR  A  PUBLIC
PURPOSE,  IS  OTHERWISE  UNOCCUPIED, IDLE OR NOT BEING ACTIVELY UTILIZED
FOR A PERIOD OF AT LEAST SIX MONTHS.
  2. ANY DEED, LEASE OR INSTRUMENT BY WHICH REAL PROPERTY IS CONVEYED OR
DISPOSED OF PURSUANT TO THIS SECTION SHALL CONTAIN PROVISIONS  REQUIRING
THE  PURCHASER  OR  LESSEE  TO USE SUCH PROPERTY FOR PURPOSES CONSISTENT
WITH THE CULTIVATION AND SALE OF FRESH FRUITS AND VEGETABLES.
  3. A MUNICIPALITY MAY ESTABLISH A  PROGRAM  IN  CONJUNCTION  WITH  THE
COOPERATIVE  EXTENSION  OR  COUNTY EXTENSION ASSOCIATION FOR READY IDEN-
TIFICATION OF ACCESSIBLE LAND RESOURCES IN  THE  MUNICIPALITY  AVAILABLE
FOR SUCH USE.
  4. A MUNICIPAL CORPORATION MAY ASSIST THE DEVELOPMENT OF SUCH PROPERTY
BY  CONTRIBUTING, OR PROVIDING AT COST, FROM RESOURCES UNDER THE CONTROL
OF THE MUNICIPALITY, UPON AGREEMENT WITH THE PURCHASER OR LESSEE OF SUCH
LAND AS APPROVED PURSUANT TO THE LOCAL FINANCE LAW: INITIAL SITE  PREPA-
RATION,  INCLUDING  TOP SOIL AND GRADING; WATER SYSTEMS; PERIMETER FENC-
ING; STORAGE BINS OR SHEDS, AND OTHER NECESSARY APPURTENANCES OR  EQUIP-
MENT.
  5.  A MUNICIPALITY SHALL DISCLOSE TO A PURCHASER OR LESSOR OF PROPERTY
UNDER THIS SECTION THAT THE MUNICIPALITY HAS NOT CONDUCTED ANY TESTS  ON
THE  SOIL  ON THE PROPERTY AND THE MUNICIPALITY DOES NOT KNOW THE CONDI-
TION OF THE SOIL AND MAKES NO REPRESENTATIONS AS TO THE  COMPOSITION  OF
THE  SOIL.  NOTHING IN THIS SECTION SHALL BE DEEMED TO RELIEVE A MUNICI-
PALITY FROM LIABILITY UNDER TITLE FOURTEEN OF  ARTICLE  TWENTY-SEVEN  OF
THE ENVIRONMENTAL CONSERVATION LAW.
  S 3. Section 420-a of the real property tax law is amended by adding a
new subdivision 15 to read as follows:
  15. REAL PROPERTY, SOLD PURSUANT TO SECTION NINETY-SIX-C OF THE GENER-
AL  MUNICIPAL LAW, USED FOR THE CULTIVATION AND SALE OF FRESH FRUITS AND
VEGETABLES BY A CORPORATION OR ASSOCIATION SHALL BE  EXEMPT  FROM  TAXA-
TION, PROVIDED THAT THE SALE OF SUCH FRUIT AND VEGETABLES IS RELATED AND
INCIDENTAL  TO  THE NONPROFIT PURPOSES OF THE CORPORATION OR ASSOCIATION
AND THE NET PROCEEDS RECEIVED BY THE CORPORATION OR ASSOCIATION ARE USED
TO FURTHER THE NONPROFIT PURPOSES OF THE CORPORATION OR ASSOCIATION.
  S 4. This act shall take effect immediately.