S T A T E   O F   N E W   Y O R K
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                                  1496

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. GUNTHER, CASTRO, LUPARDO, BARRETT -- Multi-Spon-
  sored by -- M. of A.  CAHILL, CROUCH, P. LOPEZ, MAGEE, TITUS  --  read
  once and referred to the Committee 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-

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

                                                           LBD02388-01-3

A. 1496                             2

erty  and the identification of potential recipients of any such conser-
vation easement;
  (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, 2015.
  7. Reporting. No later than January 15, 2015, 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 January 16, 2015.