House Bill 1165
By: Representatives Scott of the 76th, Cameron of the 1st, Davis of the 87th, Schofield of the
63rd, and Taylor of the 92nd
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to
Department of Community Affairs, so as to require such department to compile a list of state
owned real property that may be used for community gardens; to provide for the
establishment and maintenance of community gardens in certain municipalities; to provide
requirements for such community gardens; to provide for funding of such community
gardens by the municipality; to authorize the lease or other availability of state owned real
property for use as community gardens; to provide for construction; to require cooperation
from state agencies; to provide for definitions; to provide for legislative findings; to provide
for a short title; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Georgia Urban Sustainable Gardens Act."
SECTION 2.
The General Assembly finds that:
(1) Many urban areas in Georgia lack access to affordable, fresh produce, leading to food
insecurity and nutrition related health issues;
(2) Numerous vacant lots and underutilized public spaces remain idle while communities
face environmental, economic, and social challenges;
(3) Community gardens can improve air quality, reduce urban heat, promote healthy
lifestyles, and expand green spaces in urban environments; and
(4) Urban gardening initiatives foster environmental awareness, engage residents, provide
educational opportunities for youth, and contribute to state-wide sustainability and public
health goals.
SECTION 3.
Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to Department of
Community Affairs, is amended by adding a new article to read as follows:
<ins>"ARTICLE 14
50-8-320.
As used in this article, the term:
(1) 'Community garden' means any real property containing shared individual plots of
land used for growing food, herbs, or flowers by residents of a municipality for the
benefit of all residents of a municipality.
(2) 'Department' means the Department of Community Affairs.
(3) 'Municipality owned real property' means any improved or unimproved real property
owned by a municipality and under the jurisdiction of such municipality.
(4) 'Park' shall have the same meaning as set forth for the term 'park' or 'recreational area'
in Code Section 12-3-30.
</ins>
<ins>(5) 'State owned real property' means any improved or unimproved real property owned
by this state and under the jurisdiction of any state agency.
50-8-321.
Not later than December 31, 2026, the department, in consultation with the State Properties
Commission and the Department of Natural Resources, shall compile a list of all unused
state owned real property that may be suitable and desirable for use, whether in whole or
in part, as a community garden in accordance with Code Section 50-8-322. Suitability and
desirability of state owned real property for use as a community garden shall be determined
based on criteria established by the department, in consultation with horticulturists,
community food systems specialists, and other appropriate experts.
50-8-322.
(a) Not later than December 31, 2027, and subject to the availability of state owned real
property identified pursuant to Code Section 50-8-321 for such purposes and the approval
of the State Properties Commission, which approval shall not be unreasonably withheld,
in each municipality having a population of 25,000 or more according to the United States
decennial census of 2000 or any future such census, the municipal governing authority
shall establish, operate, and maintain at least one community garden within the corporate
limits of such municipality.
(b) Each community garden established in a municipality pursuant to subsection (a) of this
Code section shall:
(1) Be accessible to residents of such municipality during hours established by the
municipal governing authority; provided, however, that such hours shall be consistent
with the purposes of this article;
(2) Be operated in coordination with the state park system, as described in Code Section
12-3-31, and nonprofit organizations; and
</ins>
<ins>(3) Provide individual plots of land at no cost to residents of such municipality for the
purpose of growing food, herbs, or flowers. Such plots shall be allocated to such
residents based on criteria, terms, and conditions as established by the municipal
governing authority for that municipality.
(c) The funds necessary for establishing, maintaining, and operating any community
garden in a municipality pursuant to this Code section shall come from appropriations by
the municipal governing authority or other available funding, including, without limitation,
any donations or gifts of real or personal property.
(d) Notwithstanding anything to the contrary, nothing in this article shall be construed to
preclude a municipal governing authority from using municipality owned real property to
establish, operate, and maintain a community garden in accordance with subsection (a) of
this Code section; provided, however, that any such municipality owned real property shall
satisfy any criteria concerning suitability and desirability for use as a community garden
pursuant to Code Section 50-8-321.
50-8-323.
The State Properties Commission shall be authorized to lease or otherwise make available
to a municipality any state owned real property identified pursuant to Code 50-8-321 and
perform all acts necessary to fulfill the purposes of this article. All state agencies shall
cooperate with the department and each municipal governing authority in their efforts to
perform any duties and tasks under this article."
</ins> SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.