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Assembly Bill A601

2009-2010 Legislative Session

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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Archive: Last Bill Status - In Senate Committee Agriculture Committee

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2009-A601 (ACTIVE) - Details

Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยงยง305-a & 308, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:
A20

2009-A601 (ACTIVE) - Summary

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.

2009-A601 (ACTIVE) - Bill Text download pdf 

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

                                   601

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A. CAHILL, MAGEE, SCHROEDER, MOLINARO, BACALLES,
  BOYLAND -- Multi-Sponsored by -- M. of A. GIGLIO, P.  LOPEZ,  McENENY,
  RABBITT,  TOWNS -- read once and referred to the Committee on Agricul-
  ture

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 511  of  the  laws  of  2008,  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

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

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