NY State Senate Bill 2009-S7100

Senate Bill S7100

Signed By Governor

2009-2010 Legislative Session

Provides protection for timber operations from unreasonably restrictive ordinances, pertains to correction of errors in agricultural district review filings

download bill text pdf

Archive: Last Bill Status Via A10556 - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2010	signed chap.120
Jun 04, 2010	delivered to governor
May 27, 2010	returned to assembly passed senate
May 18, 2010	3rd reading cal.516 substituted for s7100
May 18, 2010	substituted by a10556
May 17, 2010	advanced to third reading
May 12, 2010	2nd report cal.
May 11, 2010	1st report cal.516
Mar 12, 2010	referred to agriculture

Votes

- May 27, 2010 - Floor Vote
  A10556
  
  57
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 27, 2010
      
      aye (57)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (5)
      
      Duane
      
      Golden
      
      Leibell
      
      Montgomery
      
      Morahan
  May 11, 2010 - Agriculture Committee Vote
  S7100
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: May 11, 2010
      
      aye (9)
      
      Aubertine
      
      Breslin
      
      Montgomery
      
      Ranzenhofer
      
      Seward
      
      Stachowski
      
      Valesky
      
      Winner
      
      Young

2009-S7100 (ACTIVE) - Details

See Assembly Version of this Bill:: A10556
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§301, 303-a & 308, Ag & Mkts L

2009-S7100 (ACTIVE) - Summary

Provides protection for timber operations from unreasonably restrictive ordinances, pertains to correction of errors in agricultural district review filings.

2009-S7100 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7100

 TITLE OF BILL :

An act to amend the agriculture and markets law, in relation to
protection for timber operations from unreasonably restrictive
ordinances and correction of errors in agricultural district review
filings


 PURPOSE OF THE BILL :

The bill would clarify protection for timber operations from
unreasonably restrictive ordinances, clarify which woodland acreage is
eligible to receive such protection, and clarify how counties may
request the Commissioner's approval to correct errors made in their
filings with the Department of Agriculture and Markets (Department).

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend Agriculture and Markets Law (AML) §
301 (11) to define a "farm operation" to include a "timber operation"
as defined in an amended AML § 301(14). Section 1 of the bill would
also amend AML § 301(11) by removing the production, management and
harvesting of farm woodland from the definition.

Section 2 of the bill would amend AML § 301(14) to define the term
"timber operation" to mean the on-farm production, management,
harvesting, processing and marketing of timber grown on the farm
operation.

Section 3 of the bill would amend AML § 303-a (5) to clarify the
process for correcting errors in agricultural district review filings
with the Department.

Section 4 of the bill would amend AML § 308(1)(b) to make conforming
amendments due to the proposed amendment of the definition for "farm
operation" in AML § 308(11).

Section 5 of the bill would provide for an immediate effective date.

 EXISTING LAW :

AML § 301(11) defines a "farm operation" to include "timber
processing" and the production, management and harvesting of "farm
woodland."

AML § 301(14) defines "timber processing" as the on-farm processing of
timber grown on a farm operation into woodland products, including but
not limited to logs, lumber, posts and firewood, through the use of a
readily moveable, nonpermanent saw mill.

AML § 303-a (5) provides for the review, certification and filing of
agricultural district review plans.

AML § 308(1)(b) sets forth examples of agricultural practices listed
in the Right to Farm Law, including the production, management and
harvesting of farm woodland.

 PRIOR LEGISLATIVE HISTORY :

This is a new proposal.

 STATEMENT IN SUPPORT :


The United States Department of Agriculture's 2007 Census of
Agriculture reports that over one fifth of land in New York farms
consists of woodland. Farm woodland, and the production for sale of
woodland products, has long been recognized as eligible for an
agricultural value assessment subject to acreage and gross sales
limitations. An amendment to the AML enacted in 2005, along with two
additional amendments enacted in 2008, added on-farm timber processing
activities to Article 25-AA of the Agriculture and Markets Law
relating to agricultural districts.

This bill is necessary to consolidate and clarify confusing aspects of
these amendments as they relate to the protections and benefits
afforded farm timber operations. Specifically, the definition of "farm
operation" incorporates the terms "timber processing" and "farm
woodland" that are each separately defined. The inclusion of both
these terms is incongruous because the latter term exists for
agricultural assessment purposes to identify a type of land. In
contrast, it is used in the term "farm operation" to identify a type
of crop. Thus, the bill would harmonize the terms by removing the term
"farm woodland" and associated language from the definition of "farm
operation."

Conversely, the definition of the term "timber processing" does not
accurately describe all the relevant timber-related activities that
should be covered by the statute, including marketing. Therefore, the
bill would add marketing to that term, change the term to "timber
operation," and add conforming language previously associated with
"farm woodland" within the definition of "farm operation." As a
result, the bill would provide better notice to landowners and
municipalities of their rights and responsibilities, and would assist
the Department in the efficient administration of the agricultural
districts law. However, by retaining the sales thresholds currently in
the definition of the term "timber processing," the bill would limit
such protections to timber operations that have ~ substantial
connection to a farm.

 BUDGET IMPLICATIONS :

None.

 EFFECTIVE DATE :
The bill would take effect immediately.

2009-S7100 (ACTIVE) - Bill Text download pdf

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

                                  7100

                            I N  S E N A T E

                             March 12, 2010
                               ___________

Introduced  by  Sen. AUBERTINE -- (at request of the Department of Agri-
  culture and Markets) -- 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
  protection for timber operations from unreasonably  restrictive  ordi-
  nances  and  correction  of  errors  in  agricultural  district review
  filings

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

  Section  1.  Subdivision  11  of  section  301  of the agriculture and
markets law, as separately amended by chapters 511 and 536 of  the  laws
of 2008, is amended to read as follows:
  11.  "Farm operation" means the land and on-farm buildings, equipment,
manure processing and handling facilities, and practices which  contrib-
ute to the production, preparation and marketing of crops, livestock and
livestock  products  as a commercial enterprise, including a "commercial
horse boarding operation" as defined in  subdivision  thirteen  of  this
section,  A  "timber  [processing]  OPERATION" as defined in subdivision
fourteen of this section and "compost, mulch or other biomass crops"  as
defined  in  subdivision  sixteen of this section. [For purposes of this
section, such farm operation shall also include the production,  manage-
ment  and harvesting of "farm woodland", as defined in subdivision three
of this section.] Such farm operation may consist of one or more parcels
of owned or rented land, which parcels may be contiguous  or  noncontig-
uous to each other.
  S 2. Subdivision 14 of section 301 of the agriculture and markets law,
as  added  by  chapter  573  of  the laws of 2005, is amended to read as
follows:
  14. "Timber [processing]  OPERATION"  means  the  on-farm  PRODUCTION,
MANAGEMENT,  HARVESTING, processing AND MARKETING of timber grown on [a]
THE farm operation into woodland products, including but not limited  to
logs,  lumber,  posts  and firewood, [through the use of a readily move-
able, nonpermanent saw mill,] provided that such farm operation consists
of at least seven acres and produces for sale crops, livestock or  live-

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

                                                           LBD15905-01-0

S. 7100                             2

stock products of an annual gross sales value of ten thousand dollars or
more  and  that  the annual gross sales value of such processed woodland
products does not exceed the annual gross sales  value  of  such  crops,
livestock or livestock products.
  S  3.  Subdivision  5  of section 303-a of the agriculture and markets
law, as amended by chapter 290 of the laws of 1999, is amended  to  read
as follows:
  5.  Plan  review,  certification,  CORRECTION OF ANY ERRORS and filing
shall be conducted in the same manner prescribed for  district  creation
in  subdivisions  five,  six and seven of section three hundred three of
this article.
  S 4. 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
or foods containing agricultural commodities produced on-farm;  agricul-
tural  tourism;  [production,  management  and harvesting of "farm wood-
land",] "TIMBER OPERATION," as defined in subdivision  [three]  FOURTEEN
of section three hundred one of this article and construction and use of
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.   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 eval-
uated on a case-by-case basis.
  S 5. This act shall take effect immediately.

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