HB1165: HB1165 Georgia Urban Sustainable Gardens Act; enact

26 LC 60 9005 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 to1 Department of Community Affairs, so as to require such department to compile a list of state2 owned real property that may be used for community gardens; to provide for the3 establishment and maintenance of community gardens in certain municipalities; to provide4 requirements for such community gardens; to provide for funding of such community5 gardens by the municipality; to authorize the lease or other availability of state owned real6 property for use as community gardens; to provide for construction; to require cooperation7 from state agencies; to provide for definitions; to provide for legislative findings; to provide8 for a short title; to provide for related matters; to repeal co nflicting laws; and for other9 purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 This Act shall be known and may be cited as the "Georgia Urban Sustainable Gardens Act."13 SECTION 2.14 The General Assembly finds that:15 H. B. 1165 - 1 - 26 LC 60 9005 (1) Many urban areas in Georgia lack access to affordable, fresh produce, leading to food16 insecurity and nutrition related health issues;17 (2) Numerous vacant lots and underutilized public spaces remain idle while communities18 face environmental, economic, and social challenges;19 (3) Community gardens can impr ove air quality, reduce urban he at, promote healthy20 lifestyles, and expand green spaces in urban environments; and21 (4) Urban gardening initiatives foster environmental awareness, engage residents, provide22 educational opportunities for youth, and contribute to state-wide sustainability and public23 health goals.24 SECTION 3.25 Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to Department of26 Community Affairs, is amended by adding a new article to read as follows:27 "ARTICLE 1428 50-8-320.29 As used in this article, the term:30 (1) 'Community garden' means any real property containing shared individual plots of31 land used for growing food, herbs, or flowers by residents of a municipality for the32 benefit of all residents of a municipality.33 (2) 'Department' means the Department of Community Affairs.34 (3) 'Municipality owned real property' means any improved or unimproved real property35 owned by a municipality and under the jurisdiction of such municipality.36 (4) 'Park' shall have the same meaning as set forth for the term 'park' or 'recreational area'37 in Code Section 12-3-30.38 H. B. 1165 - 2 - 26 LC 60 9005 (5) 'State owned real property' means any improved or unimproved real property owned39 by this state and under the jurisdiction of any state agency.40 50-8-321.41 Not later than December 31, 2026, the department, in consultation with the State Properties42 Commission and the Department of Natural Resources, shall compile a list of all unused43 state owned real property that may be suitable and desirable for use, whether in whole or44 in part, as a community garden in accordance with Code Section 50-8-322. Suitability and45 desirability of state owned real property for use as a community garden shall be determined46 based on criteria established by the department, in consultatio n with horticulturists,47 community food systems specialists, and other appropriate experts.48 50-8-322.49 (a) Not later than December 31, 2027, and subject to the availability of state owned real50 property identified pursuant to Code Section 50-8-321 for such purposes and the approval51 of the State Properties Commission, which approval shall not be unreasonably withheld,52 in each municipality having a population of 25,000 or more according to the United States53 decennial census of 2000 or any future such census, the municip al governing authority54 shall establish, operate, and maintain at least one community garden within the corporate55 limits of such municipality.56 (b) Each community garden established in a municipality pursuant to subsection (a) of this57 Code section shall:58 (1) Be accessible to residents of such municipality during hou rs established by the59 municipal governing authority; provided, however, that such hou rs shall be consistent60 with the purposes of this article;61 (2) Be operated in coordination with the state park system, as described in Code Section62 12-3-31, and nonprofit organizations; and63 H. B. 1165 - 3 - 26 LC 60 9005 (3) Provide individual plots of land at no cost to residents of such municipality for the64 purpose of growing food, herbs, or flowers. Such plots shall b e allocated to such65 residents based on criteria, terms, and conditions as establish ed by the municipal66 governing authority for that municipality.67 (c) The funds necessary for establishing, maintaining, and ope rating any community68 garden in a municipality pursuant to this Code section shall come from appropriations by69 the municipal governing authority or other available funding, including, without limitation,70 any donations or gifts of real or personal property.71 (d) Notwithstanding anything to the contrary, nothing in this article shall be construed to72 preclude a municipal governing authority from using municipality owned real property to73 establish, operate, and maintain a community garden in accordance with subsection (a) of74 this Code section; provided, however, that any such municipality owned real property shall75 satisfy any criteria concerning suitability and desirability for use as a community garden76 pursuant to Code Section 50-8-321.77 50-8-323.78 The State Properties Commission shall be authorized to lease or otherwise make available79 to a municipality any state owned real property identified pursuant to Code 50-8-321 and80 perform all acts necessary to fulfill the purposes of this arti cle. All state agencies shall81 cooperate with the department and each municipal governing authority in their efforts to82 perform any duties and tasks under this article."83 SECTION 4.84 All laws and parts of laws in conflict with this Act are repealed.85 H. B. 1165 - 4 -