S T A T E   O F   N E W   Y O R K
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                                  5286

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 15, 2011
                               ___________

Introduced  by  M.  of  A.  MAGEE, BENEDETTO, GUNTHER, JEFFRIES, TITONE,
  LUPARDO, CASTRO, CAHILL -- Multi-Sponsored by --  M.  of  A.  AMEDORE,
  BARCLAY,  BOYLAND,  BURLING,  BUTLER,  COOK,  CROUCH, DESTITO, DUPREY,
  FINCH, GABRYSZAK,  GIGLIO,  GLICK,  HAWLEY,  JORDAN,  KOLB,  P. LOPEZ,
  MAGNARELLI, MARKEY, McDONOUGH, McENENY, MENG, MOLINARO, RABBITT, REIL-
  LY,  SALADINO,  SAYWARD,  TEDISCO, THIELE, TOBACCO, WEISENBERG -- read
  once and referred to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, the tax law, the  vehi-
  cle  and  traffic  law  and  the  environmental  conservation  law, in
  relation to reducing farm-based taxes, fees and regulatory burdens  to
  help grow the agricultural economy and benefit family farms

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

  Section 1. Legislative intent. The legislature finds that viable farms
and the protection of working farmland are of  paramount  importance  to
the  economic  and environmental wellbeing of New York state. The local-
ly-focused, diverse food supply New York farms provide  is  of  critical
importance  to  the  health  and welfare of all New York citizens.  With
agriculture facing ever increasing global competition, New York state is
committed to helping grow and expand our farms. In  aid  of  this  goal,
reducing  farm-based  taxes,  fees  and  regulatory  burdens that do not
recognize the unique nature and benefits of agriculture is an  important
step in achieving successful, sustainable family farms.
  S 2. Subdivision 3 of section 303-b of the agriculture and markets law
is amended by adding a new paragraph c to read as follows:
  C. THE NOTICE SHALL ALSO BE PROVIDED TO ALL LANDOWNERS WITH LAND BEING
PROPOSED  FOR  INCLUSION  IN  AN AGRICULTURAL DISTRICT. LANDOWNERS SHALL
HAVE THE OPTION TO RECEIVE THIS NOTICE EITHER THROUGH  WRITTEN  COMMUNI-
CATION OR THROUGH ELECTRONIC COMMUNICATION.
  S 3. Subdivision 12 of section 210 of the tax law is amended by adding
a new paragraph (e-1) to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08417-01-1
              

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  (E-1)  NOTWITHSTANDING  ANY  OTHER  PROVISION OF THIS SUBDIVISION, FOR
TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND  TWELVE,
IF THE CREDIT ALLOWED UNDER THIS SUBDIVISION IS GREATER THAN THE TAX DUE
IN  ANY  TAXABLE  YEAR  FOR A TAXPAYER WHOSE PRIMARY SOURCE OF INCOME IS
DERIVED  FROM  OPERATING  A  FARM OPERATION OR COMMERCIAL HORSE BOARDING
OPERATION, SUCH TAXPAYER MAY ELECT TO TREAT THE  AMOUNT  BY  WHICH  SUCH
CREDIT  EXCEEDS SUCH TAX DUE AS AN OVER-PAYMENT OF TAX TO BE REFUNDED IN
ACCORDANCE WITH THE PROVISIONS OF SECTION  ONE  THOUSAND  EIGHTY-SIX  OF
THIS CHAPTER. FOR PURPOSES OF THIS PARAGRAPH, THE TERMS "FARM OPERATION"
AND  "COMMERCIAL  HORSE BOARDING OPERATION" SHALL HAVE THE SAME MEANINGS
AS SUCH TERMS ARE DEFINED IN SECTION THREE HUNDRED ONE OF  THE  AGRICUL-
TURE AND MARKETS LAW.
  S 4. Subsection (a) of section 606 of the tax law is amended by adding
a new paragraph 5-a to read as follows:
  (5-A)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF THIS SUBSECTION, FOR
TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND  TWELVE,
IF  THE CREDIT ALLOWED UNDER THIS SUBSECTION IS GREATER THAN THE TAX DUE
IN ANY TAXABLE YEAR FOR A TAXPAYER WHOSE PRIMARY  SOURCE  OF  INCOME  IS
DERIVED  FROM  OPERATING  A  FARM OPERATION OR COMMERCIAL HORSE BOARDING
OPERATION, SUCH TAXPAYER MAY ELECT TO TREAT THE  AMOUNT  BY  WHICH  SUCH
CREDIT  EXCEEDS SUCH TAX DUE AS AN OVER-PAYMENT OF TAX TO BE REFUNDED IN
ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS
ARTICLE. FOR PURPOSES OF THIS PARAGRAPH, THE TERMS "FARM OPERATION"  AND
"COMMERCIAL  HORSE  BOARDING  OPERATION" SHALL HAVE THE SAME MEANINGS AS
SUCH TERMS ARE DEFINED IN SECTION THREE HUNDRED ONE OF  THE  AGRICULTURE
AND MARKETS LAW.
  S  5.  Subparagraph  (C)  of paragraph 1 of subdivision (i) of section
1136 of the tax law, as added by section 1 of subpart G of part  V-1  of
chapter 57 of the laws of 2009, is amended to read as follows:
  (C)  Every  wholesaler,  as  defined by section three of the alcoholic
beverage control law, if it has made a sale of an alcoholic beverage, as
defined by section four hundred twenty of this chapter, without collect-
ing sales or use tax during the period covered by the return, except (i)
a sale to a person that has furnished an exempt organization certificate
to the wholesaler for that sale; or (ii) a sale  to  another  wholesaler
whose license under the alcoholic beverage control law does not allow it
to  make retail sales of the alcoholic beverage. For each vendor, opera-
tor, or recipient to  whom  the  wholesaler  has  made  a  sale  without
collecting  sales  or  compensating use tax, the return must include the
total value of those sales made during the period covered by the  return
(excepting  the sales described in clauses (i) and (ii) of this subpara-
graph) and the vendor's, operator's or recipient's state liquor authori-
ty license number, along with the information required by paragraph  two
of  this  subdivision.    THE  PROVISIONS OF THIS SUBPARAGRAPH SHALL NOT
APPLY TO A FARM WINERY AS DEFINED IN  SECTION  THREE  OF  THE  ALCOHOLIC
BEVERAGE CONTROL LAW.
  S  6.  Subparagraphs  (A)  and (B) of paragraph 3 of subsection (c) of
section 658 of the tax law, as amended by section 1 of part H-1 of chap-
ter 57 of the laws of 2009, are amended to read as follows:
  (A) Every  subchapter  K  limited  liability  company,  every  limited
liability  company  that  is a disregarded entity for federal income tax
purposes, and every partnership which has any income  derived  from  New
York  sources,  determined  in  accordance  with the applicable rules of
section six hundred thirty-one of this article  as  in  the  case  of  a
nonresident  individual, shall, within thirty days after the last day of
the taxable year, make a payment of a filing fee.  SUCH  DEADLINE  SHALL

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NOT APPLY TO FARMS, COMMERCIAL HORSE BOARDING OPERATIONS OR AGRICULTURAL
SERVICE  PROVIDERS  SUBJECT  TO THE FEE, WHICH SHALL, WITHIN ONE HUNDRED
TWENTY DAYS AFTER THE LAST DAY OF THE TAXABLE YEAR, MAKE PAYMENT OF  ANY
REQUIRED  FILING  FEE.  The  amount  of the filing fee is the amount set
forth in subparagraph (B) of this paragraph. The minimum filing  fee  is
twenty-five  dollars  for  taxable years beginning in two thousand eight
and thereafter. Limited liability companies that are  disregarded  enti-
ties  for  federal  income tax purposes must pay a filing fee of twenty-
five dollars for taxable years beginning on or after January first,  two
thousand eight.
  (B)  The  filing fee will be based on the New York source gross income
of the limited liability company or partnership  for  the  taxable  year
immediately  preceding the taxable year for which the fee is due. If the
limited liability company or partnership does  not  have  any  New  York
source gross income for the taxable year immediately preceding the taxa-
ble  year  for  which  the  fee is due, the limited liability company or
partnership shall pay the minimum filing fee. Partnerships,  other  than
limited  liability partnerships under article eight-B of the partnership
law and foreign limited  liability  partnerships,  with  less  than  one
million  dollars  in  New  York  source gross income are exempt from the
filing fee. New York source gross income is the sum of the partners'  or
members'  shares of federal gross income from the partnership or limited
liability company derived from  or  connected  with  New  York  sources,
determined  in  accordance  with  the  provisions of section six hundred
thirty-one of this article  as  if  those  provisions  and  any  related
provisions  expressly  referred to a computation of federal gross income
from New York  sources.  For  this  purpose,  federal  gross  income  is
computed  without  any  allowance  or  deduction for cost of goods sold,
EXCEPT THAT FOR COMPANIES ENGAGED PRIMARILY IN FARMING, COMMERCIAL HORSE
BOARDING OR AGRICULTURAL  SERVICE  PROVIDERS,  THE  TERM  FEDERAL  GROSS
INCOME SHALL MEAN NET INCOME AS REPORTED FOR FEDERAL TAX PURPOSES.
  The  amount  of the filing fee for taxable years beginning on or after
January first, two thousand eight will be determined in accordance  with
the following table:

If the New York source gross income is:         The fee is:
not more than $100,000                          $25
more than $100,000 but not over $250,000        $50
more than $250,000 but not over $500,000        $175
more than $500,000 but not over $1,000,000      $500
more than $1,000,000 but not over $5,000,000    $1,500
more than $5,000,000 but not over $25,000,000   $3,000
Over $25,000,000                                $4,500

  S  7.  Subparagraph 4 of paragraph (d) of subdivision 1 of section 210
of the tax law, as added by section 2 of part AA-1 of chapter 57 of  the
laws of 2008, is amended to read as follows:
  (4)  Notwithstanding  subparagraphs one and two of this paragraph, for
taxable years beginning on or after January first, two  thousand  eight,
the amount prescribed by this paragraph for New York S corporations will
be determined in accordance with the following table:

If New York receipts are:                The fixed dollar minimum tax is:
 not more than $100,000                               $   25
 more than $100,000 but not over $250,000             $   50
 more than $250,000 but not over $500,000             $  175

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 more than $500,000 but not over $1,000,000           $  300
 more than $1,000,000 but not over $5,000,000         $1,000
 more than $5,000,000 but not over $25,000,000        $3,000
 Over $25,000,000                                     $4,500

Otherwise  the amount prescribed by this paragraph will be determined in
accordance with the following table:

If New York receipts are:                The fixed dollar minimum tax is:
 not more than $100,000                               $   25
 more than $100,000 but not over $250,000             $   75
 more than $250,000 but not over $500,000             $  175
 more than $500,000 but not over $1,000,000           $  500
 more than $1,000,000 but not over $5,000,000         $1,500
 more than $5,000,000 but not over $25,000,000        $3,500
 Over $25,000,000                                     $5,000

For purposes of this paragraph,  New  York  receipts  are  the  receipts
computed  in accordance with subparagraph two of paragraph (a) of subdi-
vision three of this section for  the  taxable  year,  EXCEPT  THAT  FOR
CORPORATIONS  ENGAGED PRIMARILY IN FARMING, COMMERCIAL HORSE BOARDING OR
PROVIDING AGRICULTURAL SERVICES, THE TERM NEW YORK RECEIPTS SHALL  REFER
TO NET FARM INCOME AS REPORTED FOR FEDERAL TAX PURPOSES.
  S 8. Subsection (b) of section 800 of the tax law, as added by section
1  of  part  C  of chapter 25 of the laws of 2009, is amended to read as
follows:
  (b) Employer. Employer means  an  employer  required  by  section  six
hundred  seventy-one  of  this  chapter  to deduct and withhold tax from
wages, that has a payroll expense in excess of two thousand five hundred
dollars in any calendar quarter; other than
  (1) any agency or instrumentality of the United States;
  (2) the United Nations; [or]
  (3) an interstate agency or public corporation created pursuant to  an
agreement or compact with another state or the Dominion of Canada[.];
  (4)  EMPLOYERS PRIMARILY ENGAGED IN FARMING, COMMERCIAL HORSE BOARDING
OPERATIONS OR PROVIDING AGRICULTURAL SERVICES;
  (5) SOIL AND WATER CONSERVATION DISTRICTS AS DEFINED IN SECTION  THREE
OF THE SOIL AND WATER CONSERVATION DISTRICTS LAW; OR
  (6)   COOPERATIVE   EXTENSIONS   AS  LISTED  IN  SECTION  TWO  HUNDRED
TWENTY-FOUR OF THE COUNTY LAW.
  S 9. Section 499-b of the vehicle and traffic law, as added by section
1 of part B of chapter 25 of the laws of 2009, is  amended  to  read  as
follows:
  S  499-b.  Collection  of  supplemental  fee. All registrants of motor
vehicles who reside in the metropolitan commuter transportation district
shall pay to the commissioner or  his  or  her  agent  the  supplemental
registration  fee  provided  for  in  this  article upon registration or
renewal of motor vehicles subject to registration fees pursuant  to  the
following  sections  of  this chapter: paragraph a of subdivision six of
section four hundred one; schedules A, B, C, [E,] F (EXCEPT AGRICULTURAL
SPRAYERS), G, I and K of subdivision seven of section four hundred  one;
paragraph  a  of  subdivision  eight of section four hundred one, EXCEPT
LIVESTOCK TRAILERS; paragraph a of  subdivision  five  of  section  four
hundred ten; and section four hundred eleven-b.
  S 10. Subdivision 3 of section 504 of the tax law, as amended by chap-
ter 194 of the laws of 1963, is amended to read as follows:

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  3.  [Owned  and operated] OPERATED by a farmer and used exclusively by
such  farmer  in  transporting  his  own  agricultural  commodities  and
products,  pulpwood  or  livestock,  including the packed, processed, or
manufactured products thereof, that were originally grown or  raised  on
his  farm,  lands  or  orchard,  or  when used to transport supplies and
equipment to his farm or orchard that are consumed and used  thereon  or
when  operated  by  a  farmer  in transporting farm products from a farm
contiguous to his own.
  S 11. Paragraph 1 of schedule E of subdivision 7 of section 401 of the
vehicle and traffic law, as amended by section 9 of part G of chapter 59
of the laws of 2009, is amended to read as follows:
  1. For each agricultural truck, the annual  fee  of  two  dollars  and
[fifty-one  cents]  ONE  CENT for each five hundred pounds maximum gross
weight, or fraction thereof.
  S 12. Section 72-0602 of the environmental conservation law is amended
by adding a new subdivision q-1 to read as follows:
  Q-1. $25.00 PER ACRE DISTURBED PLUS $25.00 PER FUTURE IMPERVIOUS  ACRE
FOR  ANY FACILITY THAT IS PART OF A FARM OPERATION AS DEFINED IN SECTION
THREE HUNDRED ONE OF THE AGRICULTURE AND  MARKETS  LAW,  DISCHARGING  OR
AUTHORIZED  TO  DISCHARGE  PURSUANT  TO  A  SPDES  PERMIT FOR STORMWATER
DISCHARGES FROM CONSTRUCTION ACTIVITY. FOR THE PURPOSES OF THIS SUBDIVI-
SION, ACRES DISTURBED ARE ACRES SUBJECT TO CLEARING, GRADING,  OR  EXCA-
VATING  IN  THE CONSTRUCTION AREA SUBJECT TO SPDES PERMITTING AND FUTURE
IMPERVIOUS ACRES ARE ACRES THAT WILL BE NEWLY PAVED WITH  AN  IMPERVIOUS
SUBSTANCE OR ROOFED DURING CONSTRUCTION;
  S  13. Subdivision t of section 72-0602 of the environmental conserva-
tion law, as amended by section 1 of part JJ of chapter 59 of  the  laws
of 2009, is relettered subdivision u and amended and a new subdivision t
is added to read as follows:
  T.  $50.00  FOR  A  WINERY  OR DISTILLERY DISCHARGING OR AUTHORIZED TO
DISCHARGE PURSUANT TO A GENERAL PERMIT;
  u. $100.00 for any facility, other than  a  municipal  separate  storm
sewer as defined by 40 CFR S122.26 (b) (8), discharging or authorized to
discharge  pursuant to a general permit unless a specific fee is imposed
pursuant to subdivisions a through  [s]  T  of  this  section  for  such
discharge or authorization to discharge.
  S  14.  This act shall take effect immediately, provided however, that
section two of this act shall take effect on the ninetieth day after  it
shall  have  become a law, provided further that sections three and four
of this act shall apply to any tax year commencing on or  after  January
1, 2012.