S T A T E   O F   N E W   Y O R K
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                                   4411
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by  M.  of  A.  MAGEE, CROUCH, FINCH, GUNTHER, HAWLEY, OTIS,
   ROSENTHAL, JENNE,  SKOUFIS,  STIRPE,  JAFFEE,  LUPINACCI,  MAGNARELLI,
   MONTESANO,  SEPULVEDA, PEOPLES-STOKES, TITONE, DiPIETRO -- Multi-Spon-
   sored by -- M.  of  A.  BARCLAY,  BUTLER,  COOK,  GOTTFRIED,  LUPARDO,
   McLAUGHLIN, PALMESANO, SIMANOWITZ, THIELE -- read once and referred to
   the Committee on Economic Development
 
 AN  ACT to amend the urban development corporation act, in relation to a
   young farmers NY fund; and to repeal section 16-i of such act relating
   to the empire state economic development fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  16-i  of section 1 of chapter 174 of the laws of
 1968, constituting the New York state urban development corporation  act
 is REPEALED and a new section 16-i is added to read as follows:
   §  16-I. YOUNG FARMERS NY FUND. 1. THE YOUNG FARMERS NY FUND IS HEREBY
 CREATED. THE PURPOSE OF THE YOUNG FARMERS NY FUND IS TO MAKE  GRANTS  TO
 ELIGIBLE  APPLICANTS,  WITHIN AVAILABLE APPROPRIATIONS, TO SUPPORT YOUNG
 FARMERS AND ENCOURAGE THEM TO CONSIDER FARMING AS A CAREER, RESULTING IN
 THE GROWTH OF AGRIBUSINESS WITHIN THE STATE AND THE CONCOMITANT CREATION
 OF JOBS AND TAX REVENUES FOR THE STATE.
   2. THE CORPORATION SHALL CONSULT WITH THE  DEPARTMENT  OF  AGRICULTURE
 AND  MARKETS  IN ORDER TO ESTABLISH SUCH CRITERIA GOVERNING THE AWARD OF
 GRANTS AS AUTHORIZED HEREIN, AS THE CORPORATION AND SUCH DEPARTMENT DEEM
 NECESSARY. SUCH CRITERIA SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) FARMERS WHO HAVE NOT PRODUCED AN "AGRICULTURAL PRODUCT" AS DEFINED
 IN THE AGRICULTURE AND MARKETS LAW, FOR MORE THAN TEN CONSECUTIVE YEARS,
 AND WHO WILL MATERIALLY AND SUBSTANTIALLY PARTICIPATE IN THE  PRODUCTION
 OF AN AGRICULTURAL PRODUCT WITHIN THE STATE.
   (II)   FARMERS  WHO  DEMONSTRATE  INNOVATIVE  AGRICULTURAL  TECHNIQUES
 INCLUDING, BUT NOT LIMITED TO, ORGANIC FARMING AND SPECIALTY CROPS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08826-02-7
              

 A. 4411                             2
 
   (III) THE ANTICIPATED NUMBER  OF  AGRICULTURAL  JOBS  WHICH  WOULD  BE
 CREATED OR RETAINED.
   (IV) FARMS OF ONE HUNDRED FIFTY ACRES OR LESS.
   3. THE CORPORATION SHALL ESTABLISH A COMPETITIVE PROCESS FOR THE EVAL-
 UATION  OF  APPLICANTS FOR THE YOUNG FARMER NY FUND. WHEN AWARDING FUNDS
 PURSUANT TO THIS SECTION, THE CORPORATION SHALL ENSURE  THAT  APPLICANTS
 MEET  THE CRITERIA AND REQUIREMENTS DETERMINED BY THE CORPORATION PURSU-
 ANT TO THIS SECTION. THE CORPORATION  SHALL  DISTRIBUTE  FUNDS  PROMPTLY
 PURSUANT TO A DISBURSEMENT PROCESS AGREED TO BETWEEN THE CORPORATION AND
 APPLICANT.
   4.  THE  YOUNG FARMER NY FUND SHALL NOT INVEST AN AMOUNT IN ANY SINGLE
 BENEFICIARY  THAT  EXCEEDS  FIFTY  THOUSAND  DOLLARS,  SUBJECT  TO   ANY
 EXCEPTIONS  TO  BE  ESTABLISHED  BY  RULES AND REGULATIONS OF THE CORPO-
 RATION.
   5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE  CONTRARY,  THE  CORPO-
 RATION  MAY  ESTABLISH  A PROGRAM FUND FOR PROGRAM USE AND PAY INTO SUCH
 FUND ANY ELIGIBLE FUNDS AVAILABLE TO THE CORPORATION  FROM  ANY  SOURCE,
 INCLUDING MONEYS APPROPRIATED BY THE STATE.
   6.  THE CORPORATION SHALL SUBMIT A REPORT ANNUALLY ON DECEMBER THIRTY-
 FIRST TO THE DIRECTOR OF THE BUDGET,  THE  TEMPORARY  PRESIDENT  OF  THE
 SENATE,  THE  SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE
 AND THE MINORITY LEADER OF THE ASSEMBLY DETAILING (A) THE  TOTAL  AMOUNT
 OF  FUNDS COMMITTED TO EACH APPLICANT THAT RECEIVES FUNDS AND THE AMOUNT
 OF SUCH FUNDS THAT HAS BEEN INVESTED BY EACH  SUCH  APPLICANT;  (B)  THE
 AMOUNT OF YOUNG FARMERS NY AND PRIVATE FUNDS INVESTED IN EACH APPLICANT;
 (C)  THE LOCATION OF EACH APPLICANT; (D) THE NUMBER OF JOBS PROJECTED TO
 BE CREATED OR RETAINED; AND (E) SUCH OTHER  INFORMATION  AS  THE  CORPO-
 RATION DEEMS NECESSARY.
   7.  THE CORPORATION IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
 LATIONS IN ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURE ACT AS ARE
 NECESSARY TO FULFILL  THE  PURPOSES  OF  THIS  SECTION,  INCLUDING  WITH
 RESPECT  TO  REASONABLE  MANAGEMENT  FEES, PROMOTES, SHARE OF RETURN AND
 OTHER FEES AND CHARGES OF APPLICANTS THAT RECEIVE FUNDS, AND TO  PROVIDE
 FOR  THE REPAYMENT OF FUNDS RECEIVED BY THE BENEFICIARY IF THE BENEFICI-
 ARY LEAVES NEW YORK STATE WITHIN A PERIOD OF TIME TO BE  ESTABLISHED  BY
 THE CORPORATION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall  have become a law; provided, however, that any rules or regu-
 lations necessary for the timely  implementation  of  this  act  on  its
 effective date, may be promulgated on or before such effective date.