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Rachel May

Sponsor · State Senator, District 48 · Democratic/Working Families

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Senate bill · S879 (2025-26)

Establishes the garden protection act

Latest action Mar 17, 2026

Summary

Establishes the "garden protection act", protecting the rights of individuals to cultivate home vegetable gardens, native plant gardens, and/or pollinator gardens.

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Where it stands

Passed one of the two chambers; it still needs the other.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

New York State Senate

Same as A2122, the matching bill in the Assembly.

Amends the Agriculture and Markets Law.

Committee

Aging · New York State Assembly

Also referred to Aging · New York State Senate, Agriculture · New York State Assembly, Agriculture · New York State Senate.

Purpose, from the sponsor's memo

To encourage and protect the sustainable cultivations of fresh produce at all levels of production, including on a residential property for personal consumption or non-commercial sharing.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

  • Vote: Floor vote

    NY SenateMar 17, 2026Result: passed

    (50) (12) (0) (1)
  • Vote: Committee vote · Agriculture

    Senate AgricultureFeb 24, 2026Result: passed

    (8) (0) (0) (1)
  • Vote: Floor vote

    NY SenateMay 13, 2025Result: passed

    (54) (3) (0) (5)
  • Vote: Committee vote · Agriculture

    Senate AgricultureMar 4, 2025Result: passed

    (9) (0) (0) (0)

The sponsor's argument

Why Rachel May says this is needed

This bill will protect the right of New Yorkers to cultivate vegetable, native plant, and pollinator gardens, which provide crucial environ- mental and personal benefits. In several instances across the state, individuals have faced enforcement actions for growing gardens that exceed vague height restrictions, despite these spaces serving critical ecological functions. Vegetable gardens empower people to grow their own food, addressing food security and self-sufficiency. In urban and suburban areas, these gardens help fill gaps where access to fresh, affordable produce is limited. The right to grow food should not be hindered by vague regu- lations that fail to recognize the necessity of food sovereignty in modern times. Similarly, native plant gardens help protect biodiversity by fostering habitats for local wildlife, preventing soil degradation, and resisting invasive species. These gardens have been mistakenly targeted by local authorities who view them merely as unkempt properties, ignoring their environmental importance. Native plants are vital to the natural ecosys- tem, and their protection is key to preserving the health of the land itself. Pollinator gardens, in particular, are vital to maintaining New York's ecosystem. Bees, butterflies, and other pollinators are essential for the health of plants, crops, and the broader environment. Yet, some communities continue to penalize residents for creating pollinator gardens, citing concerns about overgrown vegetation, often driven by aesthetic preferences rather than genuine environmental or public health concerns. Pollinators cannot survive solely on imported landscape plants, which lack the sustainability that native species provide. This bill would protect these essential types of gardens from arbitrary enforcement while maintaining reasonable limits to ensure public health and safety. It is critical that local laws adapt to modern environmental challenges and recognize the benefits these gardens provide, from reduc- ing urban heat to supporting local ecosystems. By safeguarding the right to cultivate vegetable, native plant, and pollinator gardens, New York will take a step toward securing environmental stewardship, food securi- ty, and biodiversity across the state.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

  1. Mar 17, 2026

    Sent to the executive

    DELIVERED TO ASSEMBLY

    NY Senate

  2. Mar 17, 2026

    Passed a chamber

    PASSED SENATE

    NY Senate

  3. Mar 17, 2026

    Referred to committee

    REFERRED TO AGRICULTURE

    NY Assembly

  4. Mar 4, 2026

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  5. Feb 26, 2026

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

Show full history (15 earlier events)
  1. Feb 25, 2026

    1ST Report CAL.418

    1ST REPORT CAL.418

    NY Senate

  2. Jan 7, 2026

    Died in Assembly

    DIED IN ASSEMBLY

    NY Assembly

  3. Jan 7, 2026

    Referred to committee

    REFERRED TO AGRICULTURE

    NY Senate

  4. Jan 7, 2026

    Referred to committee

    REFERRED TO AGRICULTURE

    NY Assembly

  5. May 13, 2025

    Sent to the executive

    DELIVERED TO ASSEMBLY

    NY Senate

  6. May 13, 2025

    Passed a chamber

    PASSED SENATE

    NY Senate

  7. May 13, 2025

    Referred to committee

    REFERRED TO AGRICULTURE

    NY Assembly

  8. Apr 2, 2025

    Amend and Recommit to Agriculture

    AMEND AND RECOMMIT TO AGRICULTURE

    NY Assembly

  9. Apr 1, 2025

    Amended

    AMENDED ON THIRD READING 879A

    NY Senate

  10. Mar 10, 2025

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  11. Mar 5, 2025

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

  12. Mar 4, 2025

    1ST Report CAL.479

    1ST REPORT CAL.479

    NY Senate

  13. Jan 29, 2025

    Reference Changed to Agriculture

    REFERENCE CHANGED TO AGRICULTURE

    NY Assembly

  14. Jan 15, 2025

    Referred to committee

    REFERRED TO AGING

    NY Assembly

  15. Jan 8, 2025

    Referred to committee

    REFERRED TO AGRICULTURE

    NY Senate

About this record

Summary

The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.

Cosponsors

The list shows the cosponsors who are on Agora, A to Z. The official record may list more.

Party colors

Parties are shown in the same neutral colors.

Source

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 31, 2026. About our data

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