S T A T E   O F   N E W   Y O R K
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                                  4476

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 23, 2009
                               ___________

Introduced by Sen. AUBERTINE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN  ACT  to  amend  the  agriculture and markets law, in relation to the
  farmland protection program

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

  Section 1. Subdivision 2 of section 325 of the agriculture and markets
law,  as  amended by chapter 413 of the laws of 1996, paragraphs (a) and
(b) as amended by chapter 527 of the laws of 2005, is amended to read as
follows:
  2. (a) A county agricultural and farmland protection board,  two  such
boards  acting jointly, a municipality or two such municipalities acting
jointly shall make application to the commissioner in such manner as the
commissioner may prescribe. Application for  state  assistance  payments
for  planning  activities may be made at any time after the county agri-
cultural and farmland protection board has  formed  and  has  elected  a
chairperson.  A  county  agricultural  and farmland protection board may
make application for state assistance payments for  plan  implementation
at  any  time  after the commissioner has approved a county agricultural
and farmland protection plan pursuant to section three  hundred  twenty-
four  of  this  article. Application made jointly by two county agricul-
tural and farmland protection boards may be made after such agricultural
and farmland protection plan is approved by each county pursuant to  the
provisions  of section three hundred twenty-four of this article.  STATE
ASSISTANCE PAYMENTS TO  SUCH  COUNTIES  SHALL  NOT  EXCEED  SEVENTY-FIVE
PERCENT OF THE COST OF IMPLEMENTING THE COUNTY AGRICULTURAL AND FARMLAND
PROTECTION  PLAN  OR  PORTION OF THE PLAN FOR WHICH STATE ASSISTANCE HAS
BEEN REQUESTED. THE COMMISSIONER MAY REQUIRE SUCH INFORMATION  OR  ADDI-
TIONAL  PLANNING AS HE OR SHE DEEMS NECESSARY TO EVALUATE SUCH A REQUEST
FOR STATE ASSISTANCE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10189-02-9

              

S. 4476                             2

  (b) Within a county, a municipality which has in place a  local  farm-
land  protection  plan  may apply and shall be eligible for agricultural
protection state assistance payments to implement its plan, or a portion
of its plan, provided the proposed project is endorsed  for  funding  by
the  agricultural  and farmland protection board for the county in which
the municipality is located and that any  plan  developed  on  or  after
January  first,  two  thousand  six  complies with section three hundred
twenty-four-a of this article. State assistance payments to such munici-
palities shall not exceed seventy-five percent of the cost of implement-
ing the local plan or portion of the plan for which state assistance has
been requested. The commissioner may require such information  or  addi-
tional  planning as he or she deems necessary to evaluate such a request
for state assistance.
  (c) A NOT-FOR-PROFIT CONSERVATION ORGANIZATION MAY APPLY AND SHALL  BE
ELIGIBLE FOR AGRICULTURAL PROTECTION STATE ASSISTANCE PAYMENTS TO IMPLE-
MENT  A  COUNTY  OR  MUNICIPAL AGRICULTURAL AND FARMLAND PROTECTION PLAN
APPROVED BY THE COMMISSIONER  PROVIDED  THAT  THE  PROPOSED  PROJECT  IS
ENDORSED  FOR FUNDING BY THE COUNTY AGRICULTURAL AND FARMLAND PROTECTION
BOARD FOR THE COUNTY IN WHICH  THE  PROPOSED  PROJECT  IS  LOCATED.  THE
PROPOSED  PROJECT  MUST ALSO BE ENDORSED FOR FUNDING BY THE MUNICIPALITY
IN WHICH THE PROPOSED PROJECT IS LOCATED IF THE NOT-FOR-PROFIT CONSERVA-
TION ORGANIZATION IS SEEKING AGRICULTURAL  PROTECTION  STATE  ASSISTANCE
PAYMENTS  TO  IMPLEMENT  AN APPROVED MUNICIPAL AGRICULTURAL AND FARMLAND
PROTECTION PLAN. STATE ASSISTANCE PAYMENTS TO SUCH NOT-FOR-PROFIT ORGAN-
IZATIONS SHALL NOT EXCEED SEVENTY-FIVE PERCENT OF THE COST OF IMPLEMENT-
ING THE LOCAL PLAN OR PORTION OF THE PLAN FOR WHICH STATE ASSISTANCE HAS
BEEN REQUESTED. THE COMMISSIONER MAY REQUIRE SUCH INFORMATION  OR  ADDI-
TIONAL  PLANNING AS HE OR SHE DEEMS NECESSARY TO EVALUATE SUCH A REQUEST
FOR STATE ASSISTANCE.
  (D) In evaluating applications for  funding,  the  commissioner  shall
give  priority to projects intended to preserve viable agricultural land
as defined in section three hundred one of this  chapter;  that  are  in
areas facing significant development pressure; and that serve as a buff-
er  for  a  significant  natural  public  resource  containing important
ecosystem or habitat characteristics.
  S 2. This act shall take effect immediately.