Senate Bill S1118

2009-2010 Legislative Session

Decreases from 90% to 87 1/2%, the maximum state assistance for agricultural nonpoint source abatement and control projects

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Jan 26, 2009	referred to environmental conservation

2009-S1118 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Soil and Water Conservation Districts Law
Laws Affected:: Amd §11-b, Cons Dists L

2009-S1118 (ACTIVE) - Summary

Decreases from 90% to 87 1/2%, the maximum state assistance for agricultural nonpoint source abatement and control projects; authorizes assistance to such projects which evaluate the effectiveness of emerging or existing best management practices; authorizes the setting aside of 10% of monies appropriated for state assistance for projects which exhibit special regional or statewide significance.

2009-S1118 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1118

 TITLE OF BILL :
An act to amend the soil and water conservation districts law, in
relation to funding agricultural nonpoint source abatement and control
projects


 PURPOSE :
The purpose of this bill is to: (1) authorize the Commissioner of
Agriculture and Markets (Commissioner) and the State Soil and Water
Conservation Committee (Committee) to set aside moneys appropriated
for Nonpoint Source Projects for projects that exhibit special
regional or statewide significance; and (2) clarify the match
requirements for the program.

 SUMMARY OF PROVISIONS :
Section 1 of this bill amends SWCDL § 11-b(5) to provide that state
assistance payments may not exceed 87.5 percent. This section also
amends SWCDL § 11-b(3) by deleting language that gives preference to
projects located in priority water bodies as identified by section
17-1407 of the environmental conservation law.

Section 2 of this bill amends SWCDL § 11-b by adding a new subdivision
8 to (1) authorize the Commissioner and the Committee to set aside up
to 25 percent of funds appropriated for Nonpoint Source Projects for

projects that exhibit special regional or statewide significance, and
(2) make such projects subject to the Agricultural Environmental
Management (AEM) program preference set forth in SWCDL § 11-b(3).

Section 4 of this bill contains an enactment clause.

 EXISTING LAW :
SWCDL § 11-b(3) authorizes the Committee to give preference to
projects proposed to further the priorities of the State's
Agricultural Environmental Management (AEM) program as set forth in
Article 11-A of the Agriculture and Markets Law.

SWCDL § 11-b(5) requires that state assistance payments not exceed 90%
of eligible costs for any specified Nonpoint Source Project.

 JUSTIFICATION :
This bill gives the Commissioner and the Committee greater flexibility
to target funding for various types of Non point Source Projects that
advance the goals of the ANS and AEM programs.  Targeted projects
could include projects relating to the promotion of conservation
buffers, preventative BMPs, and Concentrated Animal Feeding Operations
compliance.

This bill also makes a necessary technical change to the SWCDL. The
SWCDL currently provides that state assistance payments for Nonpoint
Source Projects cannot exceed 90 percent of eligible costs. However,
since the State match can only be increased from the current statutory
maximum of 75 percent in equal proportion to the amount contributed by
the agricultural landowner or operator, then mathematically, the
maximum State contribution is capped at 87.5 percent, rather than the
90 percent currently referenced in the statute.

 LEGISLATIVE HISTORY :
2007-2008: S.8256-C

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S1118 (ACTIVE) - Bill Text download pdf

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

                                  1118

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 26, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

AN ACT to amend the  soil  and  water  conservation  districts  law,  in
  relation to funding agricultural nonpoint source abatement and control
  projects

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

  Section 1.  Subdivisions 3 and 5 of section 11-b of the soil and water
conservation districts law, subdivision 3 as amended by chapter  136  of
the laws of 2000 and subdivision 5 as amended by chapter 413 of the laws
of 1996, are amended to read as follows:
  3.  In  awarding  grants the committee shall give preference [to those
projects located in priority water bodies identified pursuant to section
17-1407 of the environmental conservation law. The committee shall  also
give  preference]  to  projects  proposed  to  promote  participation or
further the priorities  of  the  agricultural  environmental  management
(AEM)  program  as  set forth in article eleven-A of the agriculture and
markets law.
  5. State assistance payments pursuant to this section shall be up to a
maximum of seventy-five percent of the  eligible  costs,  as  determined
pursuant  to  subdivision  four  of section 17-1409 of the environmental
conservation law, for any  specified  project.  Such  maximum  shall  be
increased  by a percentage equal to the percentage of the total eligible
costs for such specified projects that are contributed by the  owner  or
operator of agricultural land upon which such specified project is being
conducted,  provided,  however, that in no event shall the total of such
state assistance payments  exceed  [ninety]  EIGHTY-SEVEN  AND  ONE-HALF
percent of such eligible costs for any specified project.
  S  2. Section 11-b of the soil and water conservation districts law is
amended by adding a new subdivision 8 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06995-01-9

S. 1118                             2

  8. THE COMMISSIONER OF AGRICULTURE AND MARKETS UPON THE RECOMMENDATION
OF THE COMMITTEE MAY SET ASIDE UP TO TEN PERCENT OF ANY MONEYS APPROPRI-
ATED FOR THE PURPOSES OF THIS SECTION FOR AGRICULTURAL  NONPOINT  SOURCE
ABATEMENT  AND  CONTROL PROJECTS THAT EXHIBIT SPECIAL REGIONAL OR STATE-
WIDE  SIGNIFICANCE  AND MEET THE PROJECT ELIGIBILITY REQUIREMENTS ESTAB-
LISHED IN SUBDIVISION ONE OF THIS SECTION. SUCH  PROJECTS  MAY  INCLUDE,
BUT  NOT BE LIMITED TO, PROJECTS INVOLVING THE PROMOTION OF CONSERVATION
BUFFERS; PREVENTATIVE BEST MANAGEMENT  PRACTICES;  PESTICIDE  MANAGEMENT
PRACTICES TO REDUCE RUNOFF; FIELD LEVEL AGRONOMIC PRACTICES; AND CONCEN-
TRATED  ANIMAL  FEEDING  OPERATION COMPLIANCE ASSISTANCE.  SUCH PROJECTS
SHALL BE SUBJECT TO THE AEM PREFERENCE AS SET FORTH IN SUBDIVISION THREE
OF THIS SECTION.
  S 3. This act shall take effect immediately.

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Senate Bill S1118

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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2009-S1118 (ACTIVE) - Details

2009-S1118 (ACTIVE) - Summary

2009-S1118 (ACTIVE) - Sponsor Memo

2009-S1118 (ACTIVE) - Bill Text download pdf

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Sponsored By

Carl L. Marcellino

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

2009-S1118 (ACTIVE) - Details

2009-S1118 (ACTIVE) - Summary

2009-S1118 (ACTIVE) - Sponsor Memo

2009-S1118 (ACTIVE) - Bill Text download pdf

Comments