senate Bill S3626

Authorizes commissioner of agriculture and markets to render an opinion to government officials on land use regulations pertaining to agricultural practices

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 28 / Feb / 2011
    • REFERRED TO AGRICULTURE
  • 02 / Jun / 2011
    • 1ST REPORT CAL.933
  • 06 / Jun / 2011
    • 2ND REPORT CAL.
  • 07 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2011
    • SUBSTITUTED BY A20

Summary

Provides, upon the request of a municipality, farm owner or operator, the commissioner of agriculture and markets shall render an opinion to local government officials as to whether farm operations would be unreasonably restricted or regulated by proposed changes in local land use regulations, ordinances, or local laws pertaining to agricultural practices; further requires the commissioner to disclose information received from Cornell and the USDA to the municipality in which the agricultural practice is being evaluated is located.

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Bill Details

See Assembly Version of this Bill:
A20
Versions:
S3626
Legislative Cycle:
2011-2012
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยงยง305-a & 308, Ag & Mkts L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A601, A601
2007-2008: A2570A, A2570A

Votes

10
0
10
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Agriculture committee vote details

Sponsor Memo

BILL NUMBER:S3626

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to authorizing
requests to the commissioner of agriculture and markets to render an
opinion to government officials on local land use regulations,
ordinances or local laws pertaining to agricultural practices

PURPOSE:
This bill requires the Commissioner of Agriculture and Markets to
consult with local government officials concerning local land use
regulations, ordinances or laws.

SUMMARY OF SPECIFIC PROVISIONS:
Section one re-letters paragraph b of subdivision 1 of section 305-a
of the Agriculture and Markets Law as paragraph c and adds a new
paragraph b allowing the Commissioner of Agriculture and Markets,
upon request from the municipality, farm owner or operator, to
consult with local officials concerning local land use regulations,
ordinances or laws.

Section two amends paragraph b of subdivision 1 of section 308 of the
Agriculture and Markets Law to require the Commissioner of
Agriculture and Market, when consulting appropriate state agencies on
sound agriculture practices, to provide the information gained from
the consultation to the municipality in which the agricultural
practice being evaluated is located.

JUSTIFICATION:
This act formalizes the practice of consultation by allowing,the
Department of Agriculture to be involved in any discussion about
possible changes in local land use regulations. The language requires
the Department to be sure that while they are evaluating farm
practice, they are also providing good information about fanning
practices in general to the town or village. If necessary, the
Department may invoke its Section 305-A authority regarding the
coordination of land use decision-making with the general
agricultural districts program in a more timely fashion. This
legislation addresses the concerns raised by the Executive regarding
a similar bill advanced during the 2001-2002 session.

PRIOR LEGISLATIVE HISTORY:

2009-2010: A.601 - Passed Assembly
2007-2008: A.2570 - Passed Assembly
2005-2006: A.5744A - Passed Assembly
2003-2004: A.8577 - Passed Assembly

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3626

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 28, 2011
                               ___________

Introduced  by  Sen.  SALAND -- 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  author-
  izing  requests  to  the  commissioner  of  agriculture and markets to
  render an opinion to government officials  on  local  land  use  regu-
  lations, ordinances or local laws pertaining to agricultural practices

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

  Section 1. Paragraph b of subdivision 1 of section 305-a of the  agri-
culture  and markets law is relettered paragraph c and a new paragraph b
is added to read as follows:
  B. UPON THE REQUEST OF ANY MUNICIPALITY, FARM OWNER OR  OPERATOR,  THE
COMMISSIONER SHALL RENDER AN OPINION TO THE APPROPRIATE LOCAL GOVERNMENT
OFFICIALS,   AS   TO  WHETHER  FARM  OPERATIONS  WOULD  BE  UNREASONABLY
RESTRICTED OR REGULATED BY PROPOSED CHANGES  IN  LOCAL  LAND  USE  REGU-
LATIONS,  ORDINANCES  OR LOCAL LAWS PERTAINING TO AGRICULTURAL PRACTICES
AND TO THE APPROPRIATE LOCAL LAND USE ENFORCEMENT OFFICIALS  ADMINISTER-
ING LOCAL LAND USE REGULATIONS, ORDINANCES, OR LOCAL LAWS OR REVIEWING A
PERMIT PERTAINING TO AGRICULTURAL PRACTICES.
  S  2.  Paragraph  b of subdivision 1 of section 308 of the agriculture
and markets law, as amended by chapter 120  of  the  laws  of  2010,  is
amended to read as follows:
  b. Sound agricultural practices refer to those practices necessary for
the  on-farm  production,  preparation  and  marketing  of  agricultural
commodities. Examples of activities which entail practices  the  commis-
sioner  may  consider include, but are not limited to, operation of farm
equipment;  proper  use  of  agricultural  chemicals  and   other   crop
protection methods; direct sale to consumers of agricultural commodities
or  foods containing agricultural commodities produced on-farm; agricul-
tural tourism; "timber operation," as defined in subdivision fourteen of
section three hundred one of this article and construction  and  use  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00775-01-1

S. 3626                             2

farm  structures. The commissioner shall consult appropriate state agen-
cies and any guidelines recommended by the advisory council on  agricul-
ture.  The  commissioner  may consult as appropriate, the New York state
college  of  agriculture  and  life  sciences  and  the U.S.D.A. natural
resources conservation service, AND PROVIDE SUCH INFORMATION, AFTER  THE
ISSUANCE  OF A FORMAL OPINION, TO THE MUNICIPALITY IN WHICH THE AGRICUL-
TURAL PRACTICE BEING EVALUATED IS LOCATED.  The commissioner shall  also
consider  whether  the  agricultural  practices  are conducted by a farm
owner or operator as part of his or her participation in the AEM program
as set forth in article eleven-A of this chapter. Such  practices  shall
be evaluated on a case-by-case basis.
  S 3. This act shall take effect immediately.

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