Establishes the garden protection act
Summary
Establishes the "garden protection act", protecting the rights of individuals to cultivate home vegetable gardens, native plant gardens, and/or pollinator gardens.
Bill status
passed
3 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Mar 2026
Senate Passage
Mar 2026
Assembly Passage
Governor
Introduced Jan 8, 2025
Last action Mar 17, 2026
Maddy AI version diff · 1 comparison
What changed between versions
S879
→
S879A
·
3 edits
MINOR
This bill was amended to add a new sponsor (Sen. Comrie) and include a favorable committee report, indicating legislative progress. The substantive definition of 'home vegetable garden' was expanded to include 'other edible plants' and 'other plants commonly associated with such gardens,' broadening the scope of protected cultivation. The definition of 'native plant garden' was also updated to clarify that gardens may include plants without flowers, ensuring broader protection for diverse pollinator-friendly plantings.
Scope change
The bill's scope was expanded to include additional plant types under garden definitions, making the protections applicable to a wider variety of residential gardening practices.
DEFINITION
Expanded the definition of 'home vegetable garden' to explicitly include 'other edible plants' and 'other plants commonly associated with such gardens' beyond the original list of vegetables, herbs, fruits, flowers, pollinator plants, and leafy greens.
Updated the definition of 'native plant garden' to clarify that gardens may include native or supportive plants that do not have flowers, broadening protection for diverse pollinator-friendly plantings.
TECHNICAL
Added a new sponsor (Sen. Comrie) to the bill and included a favorable committee report, indicating the bill has advanced through the legislative process.
Floor votes · Senate May 13, 2025
How they voted
54–3
Passed · 5 other
Total votes 62
May 13, 2025
D
Democratic40
87% Yea
R
Republican22
86% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
17
Key actions
3
Committee
4
Amendments
1
Mar 17, 2026
Committee
REFERRED TO AGRICULTURE
lower
Mar 17, 2026
Upper · Passed
PASSED SENATE
upper
Jan 7, 2026
Committee
REFERRED TO AGRICULTURE
upper
May 13, 2025
Committee
REFERRED TO AGRICULTURE
lower
May 13, 2025
Upper · Passed
PASSED SENATE
upper
Apr 1, 2025
Upper · Passed
AMENDED ON THIRD READING 879A
upper
Jan 8, 2025
Committee
REFERRED TO AGRICULTURE
upper
1 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Rachel May
DDemocratic/Working Families
Co
Leroy Comrie
DDemocratic
Co
Peter Oberacker
RRepublican/Conservative
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