NY State Assembly Bill 2011-A7428

Assembly Bill A7428

Signed By Governor

2011-2012 Legislative Session

Relates to the memberships of country agriculture and farmland protection boards; authorization to hold conservation easements and funding for agricultural projects

download bill text pdf

Archive: Last Bill Status Via S4718 - 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
Jul 20, 2011	signed chap.201
Jul 08, 2011	delivered to governor
Jun 16, 2011	returned to senate passed assembly ordered to third reading rules cal.310 substituted for a7428a
Jun 16, 2011	substituted by s4718a
Jun 15, 2011	ordered to third reading rules cal.310 rules report cal.310 reported reported referred to rules
Jun 10, 2011	print number 7428a
Jun 10, 2011	amend and recommit to ways and means
Jun 06, 2011	reported referred to ways and means
May 04, 2011	referred to agriculture

Votes

- Jun 14, 2011 - Floor Vote
  S4718
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2011
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
  Jun 13, 2011 - Rules Committee Vote
  S4718
  
  24
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 13, 2011
      
      aye (24)
      
      Alesi
      
      Breslin
      
      Dilan
      
      Duane
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Seward
      
      Skelos
      
      Smith
      
      Stewart-Cousins

Bill Amendments

Original

A (Active)

co-Sponsors

2011-A7428 - Details

See Senate Version of this Bill:: S4718
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §302, Ag & Mkts L; amd §49-0303, En Con L; amd §§9 & 11-b, Cons Dists L

2011-A7428 - Summary

Relates to the memberships of country agriculture and farmland protection boards; authorization to hold conservation easements and funding for agricultural nonpoint source abatement and control projects.

2011-A7428 - Bill Text download pdf

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

                                  7428

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced  by  M. of A. MAGEE -- (at request of the Department of Agri-
  culture and Markets) -- read once and referred  to  the  Committee  on
  Agriculture

AN  ACT  to  amend  the  agriculture  and markets law, the environmental
  conservation law and the soil and water conservation districts law, in
  relation  to  the  membership  of  county  agricultural  and  farmland
  protection  boards,  authorization to hold conservation easements, and
  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. Paragraph (a) of subdivision 1 of section 302 of the agri-
culture and markets law, as amended by chapter 235 of the laws of  1995,
is amended to read as follows:
  (a)  A county legislative body may establish a county agricultural and
farmland protection board which shall  consist  of  eleven  members,  at
least  four  of  whom  shall  be active OR RETIRED farmers. At least one
member of such board shall represent agribusiness  and  one  member  may
represent  an  organization dedicated to agricultural land preservation.
These six members of the board shall reside within the county which  the
respective board serves. The members of the board shall also include the
chairperson  of  the county soil and water conservation district's board
of directors OR AN EMPLOYEE OF THE COUNTY SOIL  AND  WATER  CONSERVATION
DISTRICT  DESIGNATED BY THE CHAIRPERSON, a member of the county legisla-
tive body, a county cooperative extension  agent,  the  county  planning
director  and  the  county  director  of real property tax services. The
chairperson shall be chosen by majority vote. Such board shall be estab-
lished in the event no such board exists at the time of receipt  by  the
county  legislative  body of a petition for the creation or review of an
agricultural district pursuant to section three hundred  three  of  this
article,  or  at the time of receipt by the county of a notice of intent
filing pursuant to subdivision four of section  three  hundred  five  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09681-01-1

A. 7428                             2

this article. The members of such board shall be appointed by the chair-
person  of  the  county  legislative body, who shall solicit nominations
from farm membership organizations except for  the  chairperson  of  the
county  soil and water conservation district's board of directors OR HIS
OR HER DESIGNEE, the county planning director and director of real prop-
erty tax services, who shall serve ex officio. The members  shall  serve
without  salary,  but  the county legislative body may entitle each such
member to reimbursement for actual and necessary  expenses  incurred  in
the performance of official duties.
  S  2.  Subdivision 3 of section 49-0303 of the environmental conserva-
tion law, as amended by chapter 45 of the laws of 1997,  is  amended  to
read as follows:
  3.  "Public  body"  means the state or a municipal corporation as that
term is defined in section two of the general municipal law.  Such  term
shall  further  include  the Palisades interstate park commission [and];
the Central Pine Barrens joint planning and  policy  commission;  AND  A
SOIL  AND WATER CONSERVATION DISTRICT AS THAT TERM IS DEFINED IN SECTION
THREE OF THE SOIL AND WATER CONSERVATION DISTRICTS LAW.
  S 3. Section 9 of the soil and water  conservation  districts  law  is
amended by adding a new subdivision 4-a to read as follows:
  (4-A)  TO  ACQUIRE,  BY  PURCHASE, EXCHANGE, GIFT, BEQUEST, DEVISE, OR
OTHERWISE, A CONSERVATION EASEMENT AS DEFINED IN SECTION 49-0303 OF  THE
ENVIRONMENTAL  CONSERVATION  LAW;  TO  HOLD,  MAINTAIN,  ADMINISTER, AND
IMPROVE, IN COMPLIANCE WITH ANY SUCH EASEMENT AND TITLE THREE OF ARTICLE
FORTY-NINE OF THE ENVIRONMENTAL CONSERVATION LAW, ANY CONSERVATION EASE-
MENTS ACQUIRED; TO ENFORCE ANY OF THE TERMS OF A CONSERVATION  EASEMENT,
EITHER  AS  A  HOLDER  OF  AN  ACQUIRED  EASEMENT OR UNDER A THIRD PARTY
ENFORCEMENT RIGHT, AS DEFINED IN SECTION 49-0303  OF  THE  ENVIRONMENTAL
CONSERVATION LAW, GRANTED TO THE DISTRICT IN A CONSERVATION EASEMENT; TO
RECEIVE  ANY  INCOME  FROM  THE  HOLDING,  MAINTENANCE,  ADMINISTRATION,
IMPROVEMENT OR ENFORCEMENT OF CONSERVATION EASEMENTS  AS  AUTHORIZED  IN
THIS  SUBDIVISION AND TO EXPEND SUCH INCOME IN CARRYING OUT THE PURPOSES
AND PROVISIONS OF THIS CHAPTER; AND TO EXTINGUISH ANY SUCH  CONSERVATION
EASEMENTS  IN  COMPLIANCE  WITH SUCH EASEMENT AND TITLE THREE OF ARTICLE
FORTY-NINE OF THE ENVIRONMENTAL CONSERVATION LAW, IN FURTHERANCE OF  THE
PURPOSES AND PROVISIONS OF THIS CHAPTER.
  S  4. Section 11-b of the soil and water conservation districts law is
amended by adding a new subdivision 8 to read as follows:
  8. PROJECTS OF SPECIAL SIGNIFICANCE. THE COMMISSIONER  OF  AGRICULTURE
AND MARKETS AND THE COMMITTEE MAY SET ASIDE UP TO TWENTY-FIVE PERCENT OF
ANY  MONEYS  APPROPRIATED  FOR THE PURPOSES OF THIS SECTION FOR AGRICUL-
TURAL NONPOINT  SOURCE  ABATEMENT  AND  CONTROL  PROJECTS  THAT  EXHIBIT
SPECIAL  REGIONAL  OR STATEWIDE SIGNIFICANCE AND MEET THE PROJECT ELIGI-
BILITY REQUIREMENTS ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION. SUCH
PROJECTS SHALL NOT BE SUBJECT TO THE PRIORITY WATER BODY PREFERENCE  SET
FORTH IN SUBDIVISION THREE OF THIS SECTION.
  S  5. Subdivision 5 of section 11-b of the soil and water conservation
districts law, as amended by chapter 413 of the laws of 1996, is amended
to read as follows:
  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

A. 7428                             3

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 6. This act shall take effect immediately.

co-Sponsors

2011-A7428A (ACTIVE) - Details

See Senate Version of this Bill:: S4718
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §302, Ag & Mkts L; amd §49-0303, En Con L; amd §§9 & 11-b, Cons Dists L

2011-A7428A (ACTIVE) - Summary

2011-A7428A (ACTIVE) - Bill Text download pdf

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

                                 7428--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced  by M. of A. MAGEE, RUSSELL, LUPARDO, P. LOPEZ -- (at request
  of the Department  of  Agriculture  and  Markets)  --  read  once  and
  referred  to  the Committee on Agriculture -- reported and referred to
  the Committee on Ways and Means -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the  agriculture  and  markets  law,  the  environmental
  conservation law and the soil and water conservation districts law, in
  relation  to  the  membership  of  county  agricultural  and  farmland
  protection boards, authorization to hold conservation  easements,  and
  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. Paragraph (a) of subdivision 1 of section 302 of the  agri-
culture  and markets law, as amended by chapter 235 of the laws of 1995,
is amended to read as follows:
  (a) A county legislative body may establish a county agricultural  and
farmland  protection  board  which  shall  consist of eleven members, at
least four of whom shall be active farmers. At least one member of  such
board  shall  represent  agribusiness  and  one  member may represent an
organization dedicated to agricultural land  preservation.    These  six
members of the board shall reside within the county which the respective
board  serves.  The  members  of the board shall also include the chair-
person of the county soil and water  conservation  district's  board  of
directors  OR  AN  EMPLOYEE  OF  THE  COUNTY SOIL AND WATER CONSERVATION
DISTRICT DESIGNATED BY THE CHAIRPERSON, a member of the county  legisla-
tive  body,  a  county  cooperative extension agent, the county planning
director and the county director of  real  property  tax  services.  The
chairperson shall be chosen by majority vote. Such board shall be estab-
lished  in  the event no such board exists at the time of receipt by the
county legislative body of a petition for the creation or review  of  an
agricultural  district  pursuant  to section three hundred three of this

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09681-02-1

A. 7428--A                          2

article, or at the time of receipt by the county of a notice  of  intent
filing  pursuant  to  subdivision  four of section three hundred five of
this article. The members of such board shall be appointed by the chair-
person  of  the  county  legislative body, who shall solicit nominations
from farm membership organizations except for  the  chairperson  of  the
county  soil and water conservation district's board of directors OR HIS
OR HER DESIGNEE, the county planning director and director of real prop-
erty tax services, who shall serve ex officio. The members  shall  serve
without  salary,  but  the county legislative body may entitle each such
member to reimbursement for actual and necessary  expenses  incurred  in
the performance of official duties.
  S  2.  Subdivision 3 of section 49-0303 of the environmental conserva-
tion law, as amended by chapter 45 of the laws of 1997,  is  amended  to
read as follows:
  3.  "Public  body"  means the state or a municipal corporation as that
term is defined in section two of the general municipal law.  Such  term
shall  further  include  the Palisades interstate park commission [and];
the Central Pine Barrens joint planning and  policy  commission;  AND  A
SOIL  AND WATER CONSERVATION DISTRICT AS THAT TERM IS DEFINED IN SECTION
THREE OF THE SOIL AND WATER CONSERVATION DISTRICTS LAW.
  S 3. Section 9 of the soil and water  conservation  districts  law  is
amended by adding a new subdivision 4-a to read as follows:
  (4-A)  TO  ACQUIRE,  BY  PURCHASE, EXCHANGE, GIFT, BEQUEST, DEVISE, OR
OTHERWISE, A CONSERVATION EASEMENT AS DEFINED IN SECTION 49-0303 OF  THE
ENVIRONMENTAL  CONSERVATION  LAW;  TO  HOLD,  MAINTAIN,  ADMINISTER, AND
IMPROVE, IN COMPLIANCE WITH ANY SUCH EASEMENT AND TITLE THREE OF ARTICLE
FORTY-NINE OF THE ENVIRONMENTAL CONSERVATION LAW, ANY CONSERVATION EASE-
MENTS ACQUIRED; TO ENFORCE ANY OF THE TERMS OF A CONSERVATION  EASEMENT,
EITHER  AS  A  HOLDER  OF  AN  ACQUIRED  EASEMENT OR UNDER A THIRD PARTY
ENFORCEMENT RIGHT, AS DEFINED IN SECTION 49-0303  OF  THE  ENVIRONMENTAL
CONSERVATION LAW, GRANTED TO THE DISTRICT IN A CONSERVATION EASEMENT; TO
RECEIVE  ANY  INCOME  FROM  THE  HOLDING,  MAINTENANCE,  ADMINISTRATION,
IMPROVEMENT OR ENFORCEMENT OF CONSERVATION EASEMENTS  AS  AUTHORIZED  IN
THIS  SUBDIVISION AND TO EXPEND SUCH INCOME IN CARRYING OUT THE PURPOSES
AND PROVISIONS OF THIS CHAPTER; AND TO EXTINGUISH ANY SUCH  CONSERVATION
EASEMENTS  IN  COMPLIANCE  WITH SUCH EASEMENT AND TITLE THREE OF ARTICLE
FORTY-NINE OF THE ENVIRONMENTAL CONSERVATION LAW, IN FURTHERANCE OF  THE
PURPOSES AND PROVISIONS OF THIS CHAPTER.
  S  4. Subdivision 5 of section 11-b of the soil and water conservation
districts law, as amended by chapter 413 of the laws of 1996, is amended
to read as follows:
  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 5. This act shall take effect immediately.

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Assembly Bill A7428

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Sponsored By

MAGEE

Archive: Last Bill Status Via S4718 - Signed by Governor

Bill Amendments

co-Sponsors

Addie Jenne

Donna Lupardo

Peter Lopez

2011-A7428 - Details

2011-A7428 - Summary

2011-A7428 - Bill Text download pdf

co-Sponsors

Addie Jenne

Donna Lupardo

Peter Lopez

2011-A7428A (ACTIVE) - Details

2011-A7428A (ACTIVE) - Summary

2011-A7428A (ACTIVE) - Bill Text download pdf

Comments