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

                                  8118

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 5, 2009
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Agriculture

AN ACT in relation to creating the farmland preservation advisory board;
  and providing for the repeal of such provisions  upon  the  expiration
  thereof

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

  Section 1. The farmland preservation advisory board.  1.  Creation  of
the farmland preservation advisory board. There is hereby created within
the  executive department a twelve member farmland preservation advisory
board.  Such board shall be appointed by the governor as follows:   four
members  upon  the recommendation of the governor, four members upon the
recommendation of the  temporary  president  of  the  senate,  and  four
members  upon  the  recommendation of the speaker of the assembly. eight
members of the board shall constitute a quorum, and the affirmative vote
of eight members shall be required for the issuance of any formal  deci-
sion.  The  members  of  the  board shall elect a chairperson from among
their number.
  2. Meetings of the board. The board shall meet  at  the  call  of  the
chairperson.
  3.  Duties of the board. The board shall have the following powers and
duties:
  (a) To conduct a review of any state-owned agricultural land,  exclud-
ing any such land owned by the department of environmental conservation;
  (b) To evaluate methods for permanently preserving each such parcel of
land;
  (c) To make recommendations for further action to be taken to preserve
each  such  parcel, including, but not limited to, recommendations for a
conservation easement or possible transfer of the interest of such prop-
erty and the identification of potential recipients of any such  conser-
vation easement;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11699-02-9
              

A. 8118                             2

  (d)  The  board may consider methods of preservation that would result
in an increase in revenue for the state;
  (e)  The  board  shall  consult with the agency that exercises control
over the applicable parcel when conducting a review of such parcel;
  (f) The board may consult with:
  (i) the office of the attorney general to  review  legal  options  for
permanently preserving each such parcel, or
  (ii)  the department of environmental conservation or federal agencies
to assist in calculating the conservation values for each such property.
  4. Board members; status. Notwithstanding any inconsistent  provisions
of  law,  no officer or employee of the state, of any political subdivi-
sion of the state, of  any  governmental  entity  operating  any  public
school  or  college, or of any other public agency or instrumentality or
unit of government which exercises governmental powers under the laws of
the state shall forfeit such office or employment by reason  of  accept-
ance  of appointment as a member of the board, nor shall service as such
member of the board be deemed incompatible  or  in  conflict  with  such
office or employment. The members of the board shall be deemed employees
within the meaning of section 17 of the public officers law.
  5. Board members; expenses. The members of the board shall serve with-
out salary or per diem allowance, but shall be entitled to reimbursement
for  actual  and necessary expenses incurred in the performance of offi-
cial duties  pursuant  to  this  section  or  other  provision  of  law;
provided,  however, that such members are not, at the time such expenses
are incurred, public employees otherwise entitled to such reimbursement.
  6. Term of office. The members of the board shall serve from the  date
of appointment until January 16, 2011.
  7.  Reporting.  No later than January 15, 2011, the board shall submit
its recommendations to the governor,  the  temporary  president  of  the
senate, the speaker of the assembly, the commissioner of agriculture and
markets,  the  commissioner of the department of environmental conserva-
tion, the chairs of the senate and the assembly  committee  on  agricul-
ture,  and  the  chairs of the senate and assembly committee on environ-
mental conservation.
  S 2. For the purposes of this act, agricultural land means any land in
the state which, based on soil types, existing and past use of the  land
for agricultural purposes, and other relevant factors, is suitable for:
  1. cultivating plants for production of human food and fiber and other
useful and valuable plant products;
  2.  producing  animals,  livestock,  and poultry useful to man and the
environment; and
  3. providing economically profitable farm units. It may include  adja-
cent  pastures,  wooded  land, natural drainage areas and other adjacent
open areas.
  S 3. This act shall take effect immediately and shall  expire  and  be
deemed repealed on January 16, 2011.