Assembly Bill A7002B

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

                                  7002

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2013
                               ___________

Introduced  by M. of A. MAGEE, GUNTHER, JAFFEE -- read once and referred
  to the Committee on Agriculture

AN ACT to amend the agriculture and markets law  and  the  public  lands
  law,  in  relation  to  access to viable agricultural land for new and
  beginning farmers

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

  Section 1. Section 16 of the agriculture and markets law is amended by
adding a new subdivision 2-d to read as follows:
  2-D. AID IN EFFORTS SUPPORTING THE SUCCESSFUL TRANSFER OF VIABLE AGRI-
CULTURAL  LAND  FROM  EXISTING OWNERS TO NEW OWNERS AND OPERATORS, ESPE-
CIALLY BEGINNING FARMERS.
  S 2. Subdivision 5 of section 309 of the agriculture and markets  law,
as  added  by  chapter  79  of  the  laws of 1980, is amended to read as
follows:
  5. The advisory council on agriculture shall advise  the  commissioner
and  other  state  agency  heads on state government plans, policies and
programs affecting farming and the agricultural industry of  this  state
INCLUDING,  BUT  NOT LIMITED TO, ADVICE REGARDING TAX, FINANCIAL ASSIST-
ANCE AND OTHER POLICIES AND PROGRAMS THAT COULD  ADDRESS  THE  NEEDS  OF
BEGINNING  FARMERS AND ISSUES RELATED TO TRANSFER OF OWNERSHIP OF FARMS.
Concerned state agencies shall be  encouraged  to  establish  a  working
relationship with the council and shall fully cooperate with the council
in any requests it shall make.
  S  3. Subdivision 6 of section 323 of the agriculture and markets law,
as amended by chapter 268 of the laws of 2008, is  amended  to  read  as
follows:
  6.  reporting biennially to the governor and the legislature regarding
the activities of the commissioner, INCLUDING EFFORTS TO ENHANCE  ACCESS
TO  VIABLE AGRICULTURAL LAND FOR NEW AND BEGINNING FARMERS, the types of
technical  assistance  rendered  to  county  agricultural  and  farmland

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10459-03-3
              

A. 7002                             2

protection boards, municipalities and not-for-profit conservation organ-
izations,  and  the need to protect the state's agricultural economy and
land resources.
  S  4. Paragraph (d) of subdivision 2 of section 325 of the agriculture
and markets law, as amended by chapter  93  of  the  laws  of  2010,  is
amended to read as follows:
  (d)  In  evaluating  applications  for funding, the commissioner shall
give priority to projects intended to preserve viable agricultural  land
as  defined  in  section  three hundred one of this chapter; that are in
areas facing significant development pressure; and that serve as a buff-
er for  a  significant  natural  public  resource  containing  important
ecosystem  or habitat characteristics.  THE COMMISSIONER SHALL ALSO GIVE
PRIORITY TO SUCH PROJECTS THAT USE CONSERVATION  EASEMENTS  PURSUANT  TO
ARTICLE FORTY-NINE OF THE ENVIRONMENTAL CONSERVATION LAW.
  S  5.  The  agriculture  and  markets  law  is amended by adding a new
section 329-a to read as follows:
  S 329-A.  FARMLAND AVAILABILITY INFORMATION. 1. THE  DEPARTMENT  SHALL
COLLECT  AND  COMPILE  INFORMATION  ABOUT PUBLIC LAND THAT IS VIABLE FOR
FARMING AND IS AVAILABLE FOR PURCHASE OR  LEASE  FOR  FARMING  AND  MAKE
AVAILABLE SUCH INFORMATION, INCLUDING CONTACT INFORMATION FOR THE OFFICE
OF  GENERAL  SERVICES,  OTHER  STATE AGENCIES, MUNICIPALITIES, AND OTHER
GOVERNMENTAL ENTITIES OFFERING SUCH LAND, ON ITS INTERNET  WEBSITE.  THE
DEPARTMENT SHALL PROVIDE GUIDANCE AND ASSISTANCE TO THE OFFICE OF GENER-
AL SERVICES, OTHER STATE AGENCIES, MUNICIPALITIES AND OTHER GOVERNMENTAL
ORGANIZATIONS  THAT REQUEST SUCH ASSISTANCE, IN IDENTIFYING LAND THAT IS
VIABLE FOR FARMING.
  2. THE DEPARTMENT MAY ALSO MAKE AVAILABLE  SIMILAR  INFORMATION  ABOUT
PRIVATE  LAND  AVAILABLE  FOR  PURCHASE  OR LEASE FOR FARMING, INCLUDING
CONTACT INFORMATION FOR THE OWNERS OF SUCH LAND.
  S 6. Section 2 of the public lands law is amended by  adding  two  new
subdivisions 2-a and 2-b to read as follows:
  2-A. STATE-OWNED REAL PROPERTY INVENTORY; FARMING. A. THE COMMISSIONER
OF  GENERAL SERVICES IS AUTHORIZED AND DIRECTED TO DEVELOP AN INVENTORY,
IN COOPERATION WITH THE COMMISSIONER  OF  AGRICULTURE  AND  MARKETS,  OF
STATE-OWNED REAL PROPERTY THAT MAY BE VIABLE FOR FARMING.
  B.  IF THE COMMISSIONER DETERMINES THAT ANY OF SUCH PROPERTY SHOULD BE
MADE AVAILABLE FOR PURCHASE OR LEASE FOR FARMING THEN  SUCH  INFORMATION
SHALL  BE  PROVIDED TO THE DEPARTMENT OF AGRICULTURE AND MARKETS FOR THE
FARMLAND AVAILABILITY INFORMATION PROGRAM, PROVIDED,  HOWEVER,  THAT  IF
THE  COMMISSIONER,  IN  COOPERATION WITH THE COMMISSIONER OF AGRICULTURE
AND MARKETS, DETERMINES THAT ANY OF SUCH PROPERTY  SHOULD  BE  PROTECTED
AND  PRESERVED  USING  ARTICLE  TWENTY-FIVE-AAA  OF  THE AGRICULTURE AND
MARKETS LAW THEN INFORMATION ABOUT SUCH PROPERTY SHALL NOT  BE  PROVIDED
FOR  THE FARMLAND AVAILABILITY INFORMATION PROGRAM UNTIL A REVIEW OF THE
MERITS AND FEASIBILITY OF PRESERVING SUCH PROPERTY  USING  SUCH  ARTICLE
HAS BEEN CONSIDERED.
  2-B.  REPORT.  THE  COMMISSIONER  SHALL REPORT TO THE GOVERNOR AND THE
LEGISLATURE WITHIN ONE YEAR OF THE EFFECTIVE DATE  OF  THIS  SUBDIVISION
ON:
  A.  THE  INVENTORY OF STATE-OWNED REAL PROPERTY THAT MAY BE VIABLE FOR
FARMING CONDUCTED PURSUANT TO SUBDIVISION TWO-A OF THIS SECTION;
  B. THE FEASIBILITY OF, AND BARRIERS TO, SELLING, LEASING OR USING SUCH
PROPERTY FOR FARMING;
  C. THE FEASIBILITY OF USING ARTICLE TWENTY-FIVE-AAA OF AGRICULTURE AND
MARKETS LAW TO PROTECT AND PRESERVE SUCH LAND FOR FARMING WHEN SUCH LAND
IS SOLD; AND

A. 7002                             3

  D. ANY CONCERNS RELATED TO SELLING OR LEASING SUCH PROPERTY FOR  FARM-
ING, INCLUDING, BUT NOT LIMITED TO, THE TYPES OF FARMING ACTIVITIES THAT
MAY  BE APPROPRIATE AND THE ENVIRONMENTAL AND COMMUNITY IMPACTS OF FARM-
ING SUCH PROPERTIES.
  S  7.  Section  2  of  the public lands law is amended by adding a new
subdivision 3-a to read as follows:
  3-A. LAND VIABLE FOR  FARMING;  IDENTIFICATION.  THE  COMMISSIONER  OF
GENERAL  SERVICES IS AUTHORIZED AND DIRECTED, AS PART OF THE STATE-OWNED
REAL PROPERTY MANAGEMENT PROGRAM, TO WORK WITH STATE AGENCIES TO IDENTI-
FY LAND THAT MAY BE VIABLE FOR FARMING AND MAY  BE  MADE  AVAILABLE  FOR
PURCHASE OR LEASE FOR FARMING.
  S 8. This act shall take effect immediately.

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

                                 7002--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2013
                               ___________

Introduced by M. of A. MAGEE, GUNTHER, JAFFEE, BRINDISI -- read once and
  referred to the Committee on Agriculture -- committee discharged, bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the agriculture and markets law  and  the  public  lands
  law,  in  relation  to  access to viable agricultural land for new and
  beginning farmers

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

  Section 1. Section 16 of the agriculture and markets law is amended by
adding a new subdivision 2-d to read as follows:
  2-D. AID IN EFFORTS SUPPORTING THE SUCCESSFUL TRANSFER OF VIABLE AGRI-
CULTURAL  LAND  FROM  EXISTING OWNERS TO NEW OWNERS AND OPERATORS, ESPE-
CIALLY BEGINNING FARMERS.
  S 2. Subdivision 5 of section 309 of the agriculture and markets  law,
as  added  by  chapter  79  of  the  laws of 1980, is amended to read as
follows:
  5. The advisory council on agriculture shall advise  the  commissioner
and  other  state  agency  heads on state government plans, policies and
programs affecting farming and the agricultural industry of  this  state
INCLUDING,  BUT  NOT LIMITED TO, ADVICE REGARDING TAX, FINANCIAL ASSIST-
ANCE AND OTHER POLICIES AND PROGRAMS THAT COULD  ADDRESS  THE  NEEDS  OF
BEGINNING  FARMERS AND ISSUES RELATED TO TRANSFER OF OWNERSHIP OF FARMS.
Concerned state agencies shall be  encouraged  to  establish  a  working
relationship with the council and shall fully cooperate with the council
in any requests it shall make.
  S  3. Subdivision 6 of section 323 of the agriculture and markets law,
as amended by chapter 268 of the laws of 2008, is  amended  to  read  as
follows:
  6.  reporting biennially to the governor and the legislature regarding
the activities of the commissioner, INCLUDING EFFORTS TO ENHANCE  ACCESS
TO  VIABLE AGRICULTURAL LAND FOR NEW AND BEGINNING FARMERS, the types of
technical  assistance  rendered  to  county  agricultural  and  farmland
protection boards, municipalities and not-for-profit conservation organ-

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10459-04-3

A. 7002--A                          2

izations,  and  the need to protect the state's agricultural economy and
land resources.
  S  4.  The  agriculture  and  markets  law  is amended by adding a new
section 329-a to read as follows:
  S 329-A.  FARMLAND AVAILABILITY INFORMATION. 1. THE  DEPARTMENT  SHALL
COLLECT  AND  COMPILE  INFORMATION  ABOUT PUBLIC LAND THAT IS VIABLE FOR
FARMING AND IS AVAILABLE FOR PURCHASE OR  LEASE  FOR  FARMING  AND  MAKE
AVAILABLE SUCH INFORMATION, INCLUDING CONTACT INFORMATION FOR THE OFFICE
OF  GENERAL  SERVICES,  OTHER  STATE AGENCIES, MUNICIPALITIES, AND OTHER
GOVERNMENTAL ENTITIES OFFERING SUCH LAND, ON ITS INTERNET  WEBSITE.  THE
DEPARTMENT SHALL PROVIDE GUIDANCE AND ASSISTANCE TO THE OFFICE OF GENER-
AL SERVICES, OTHER STATE AGENCIES, MUNICIPALITIES AND OTHER GOVERNMENTAL
ORGANIZATIONS  THAT REQUEST SUCH ASSISTANCE, IN IDENTIFYING LAND THAT IS
VIABLE FOR FARMING.
  2. THE DEPARTMENT MAY ALSO MAKE AVAILABLE  SIMILAR  INFORMATION  ABOUT
PRIVATE  LAND  AVAILABLE  FOR  PURCHASE  OR LEASE FOR FARMING, INCLUDING
CONTACT INFORMATION FOR THE OWNERS OF SUCH LAND.
  S 5. Section 2 of the public lands law is amended by  adding  two  new
subdivisions 2-a and 2-b to read as follows:
  2-A. STATE-OWNED REAL PROPERTY INVENTORY; FARMING. A. THE COMMISSIONER
OF  GENERAL SERVICES IS AUTHORIZED AND DIRECTED TO DEVELOP AN INVENTORY,
IN COOPERATION WITH THE COMMISSIONER  OF  AGRICULTURE  AND  MARKETS,  OF
STATE-OWNED REAL PROPERTY THAT MAY BE VIABLE FOR FARMING.
  B.  IF THE COMMISSIONER DETERMINES THAT ANY OF SUCH PROPERTY SHOULD BE
MADE AVAILABLE FOR PURCHASE OR LEASE FOR FARMING THEN  SUCH  INFORMATION
SHALL  BE  PROVIDED TO THE DEPARTMENT OF AGRICULTURE AND MARKETS FOR THE
FARMLAND AVAILABILITY INFORMATION PROGRAM, PROVIDED,  HOWEVER,  THAT  IF
THE  COMMISSIONER,  IN  COOPERATION WITH THE COMMISSIONER OF AGRICULTURE
AND MARKETS, DETERMINES THAT ANY OF SUCH PROPERTY  SHOULD  BE  PROTECTED
AND  PRESERVED  USING  ARTICLE  TWENTY-FIVE-AAA  OF  THE AGRICULTURE AND
MARKETS LAW THEN INFORMATION ABOUT SUCH PROPERTY SHALL NOT  BE  PROVIDED
FOR  THE FARMLAND AVAILABILITY INFORMATION PROGRAM UNTIL A REVIEW OF THE
MERITS AND FEASIBILITY OF PRESERVING SUCH PROPERTY  USING  SUCH  ARTICLE
HAS BEEN CONSIDERED.
  2-B.  REPORT.  THE  COMMISSIONER  SHALL REPORT TO THE GOVERNOR AND THE
LEGISLATURE WITHIN ONE YEAR OF THE EFFECTIVE DATE  OF  THIS  SUBDIVISION
ON:
  A.  THE  INVENTORY OF STATE-OWNED REAL PROPERTY THAT MAY BE VIABLE FOR
FARMING CONDUCTED PURSUANT TO SUBDIVISION TWO-A OF THIS SECTION;
  B. THE FEASIBILITY OF, AND BARRIERS TO, SELLING, LEASING OR USING SUCH
PROPERTY FOR FARMING;
  C. THE FEASIBILITY OF USING ARTICLE TWENTY-FIVE-AAA OF AGRICULTURE AND
MARKETS LAW TO PROTECT AND PRESERVE SUCH LAND FOR FARMING WHEN SUCH LAND
IS SOLD; AND
  D. ANY CONCERNS RELATED TO SELLING OR LEASING SUCH PROPERTY FOR  FARM-
ING, INCLUDING, BUT NOT LIMITED TO, THE TYPES OF FARMING ACTIVITIES THAT
MAY  BE APPROPRIATE AND THE ENVIRONMENTAL AND COMMUNITY IMPACTS OF FARM-
ING SUCH PROPERTIES.
  S 6. Section 2 of the public lands law is  amended  by  adding  a  new
subdivision 3-a to read as follows:
  3-A.  LAND  VIABLE  FOR  FARMING;  IDENTIFICATION. THE COMMISSIONER OF
GENERAL SERVICES IS AUTHORIZED AND DIRECTED, AS PART OF THE  STATE-OWNED
REAL PROPERTY MANAGEMENT PROGRAM, TO WORK WITH STATE AGENCIES TO IDENTI-
FY  LAND  THAT  MAY  BE VIABLE FOR FARMING AND MAY BE MADE AVAILABLE FOR
PURCHASE OR LEASE FOR FARMING.
  S 7. This act shall take effect immediately.