Assembly Bill A9291

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

                                  9291

                          I N  A S S E M B L Y

                              April 8, 2014
                               ___________

Introduced  by  M.  of  A.  MAGEE, CROUCH, FINCH, GUNTHER, HAWLEY, OTIS,
  ROSENTHAL, RUSSELL, SKOUFIS, STIRPE,  JAFFEE,  LUPINACCI,  MAGNARELLI,
  MONTESANO,  SEPULVEDA, PEOPLES-STOKES, TITONE -- Multi-Sponsored by --
  M. of A. BARCLAY, BUTLER, CAMARA, CERETTO,  COOK,  DUPREY,  GOTTFRIED,
  LUPARDO,  McLAUGHLIN, ROBINSON, SIMANOWITZ, THIELE, WEISENBERG -- read
  once and referred to the Committee on Economic Development

AN ACT to amend the urban development corporation act, in relation to  a
  young farmers NY fund

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

  Section 1. Section 1 of chapter 174 of the laws of 1968,  constituting
the  New  York  state  urban  development corporation act, is amended by
adding a new section 16-w to read as follows:
  S 16-W. YOUNG FARMERS NY FUND. 1. THE YOUNG FARMERS NY FUND IS  HEREBY
CREATED.  THE  PURPOSE OF THE YOUNG FARMERS NY FUND IS TO MAKE GRANTS TO
ELIGIBLE APPLICANTS, WITHIN AVAILABLE APPROPRIATIONS, TO  SUPPORT  YOUNG
FARMERS AND ENCOURAGE THEM TO CONSIDER FARMING AS A CAREER, RESULTING IN
THE GROWTH OF AGRIBUSINESS WITHIN THE STATE AND THE CONCOMITANT CREATION
OF JOBS AND TAX REVENUES FOR THE STATE.
  2.  THE  CORPORATION  SHALL CONSULT WITH THE DEPARTMENT OF AGRICULTURE
AND MARKETS IN ORDER TO ESTABLISH SUCH CRITERIA GOVERNING THE  AWARD  OF
GRANTS AS AUTHORIZED HEREIN, AS THE CORPORATION AND SUCH DEPARTMENT DEEM
NECESSARY. SUCH CRITERIA SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I) FARMERS WHO HAVE NOT PRODUCED AN "AGRICULTURAL PRODUCT" AS DEFINED
IN THE AGRICULTURE AND MARKETS LAW, FOR MORE THAN TEN CONSECUTIVE YEARS,
AND  WHO WILL MATERIALLY AND SUBSTANTIALLY PARTICIPATE IN THE PRODUCTION
OF AN AGRICULTURAL PRODUCT WITHIN THE STATE.
  (II)  FARMERS  WHO  DEMONSTRATE  INNOVATIVE  AGRICULTURAL   TECHNIQUES
INCLUDING, BUT NOT LIMITED TO, ORGANIC FARMING AND SPECIALTY CROPS.
  (III)  THE  ANTICIPATED  NUMBER  OF  AGRICULTURAL  JOBS WHICH WOULD BE
CREATED OR RETAINED.
  (IV) FARMS OF ONE HUNDRED FIFTY ACRES OR LESS.
  3. THE CORPORATION SHALL ESTABLISH A COMPETITIVE PROCESS FOR THE EVAL-
UATION OF APPLICANTS FOR THE YOUNG FARMER NY FUND. WHEN  AWARDING  FUNDS

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

                                                           LBD13720-03-4

A. 9291                             2

PURSUANT  TO  THIS SECTION, THE CORPORATION SHALL ENSURE THAT APPLICANTS
MEET THE CRITERIA AND REQUIREMENTS DETERMINED BY THE CORPORATION  PURSU-
ANT  TO  THIS  SECTION.  THE CORPORATION SHALL DISTRIBUTE FUNDS PROMPTLY
PURSUANT TO A DISBURSEMENT PROCESS AGREED TO BETWEEN THE CORPORATION AND
APPLICANT.
  4.  THE  YOUNG FARMER NY FUND SHALL NOT INVEST AN AMOUNT IN ANY SINGLE
BENEFICIARY  THAT  EXCEEDS  FIFTY  THOUSAND  DOLLARS,  SUBJECT  TO   ANY
EXCEPTIONS  TO  BE  ESTABLISHED  BY  RULES AND REGULATIONS OF THE CORPO-
RATION.
  5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE  CONTRARY,  THE  CORPO-
RATION  MAY  ESTABLISH  A PROGRAM FUND FOR PROGRAM USE AND PAY INTO SUCH
FUND ANY ELIGIBLE FUNDS AVAILABLE TO THE CORPORATION  FROM  ANY  SOURCE,
INCLUDING MONEYS APPROPRIATED BY THE STATE.
  6.  THE CORPORATION SHALL SUBMIT A REPORT ANNUALLY ON DECEMBER THIRTY-
FIRST TO THE DIRECTOR OF THE BUDGET,  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE,  THE  SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE
AND THE MINORITY LEADER OF THE ASSEMBLY DETAILING (A) THE  TOTAL  AMOUNT
OF  FUNDS COMMITTED TO EACH APPLICANT THAT RECEIVES FUNDS AND THE AMOUNT
OF SUCH FUNDS THAT HAS BEEN INVESTED BY EACH  SUCH  APPLICANT;  (B)  THE
AMOUNT OF YOUNG FARMERS NY AND PRIVATE FUNDS INVESTED IN EACH APPLICANT;
(C)  THE LOCATION OF EACH APPLICANT; (D) THE NUMBER OF JOBS PROJECTED TO
BE CREATED OR RETAINED; AND (E) SUCH OTHER  INFORMATION  AS  THE  CORPO-
RATION DEEMS NECESSARY.
  7.  THE CORPORATION IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS IN ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURE ACT AS ARE
NECESSARY TO FULFILL  THE  PURPOSES  OF  THIS  SECTION,  INCLUDING  WITH
RESPECT  TO  REASONABLE  MANAGEMENT  FEES, PROMOTES, SHARE OF RETURN AND
OTHER FEES AND CHARGES OF APPLICANTS THAT RECEIVE FUNDS, AND TO  PROVIDE
FOR  THE REPAYMENT OF FUNDS RECEIVED BY THE BENEFICIARY IF THE BENEFICI-
ARY LEAVES NEW YORK STATE WITHIN A PERIOD OF TIME TO BE  ESTABLISHED  BY
THE CORPORATION.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have become a law; provided, however, that any rules or regu-
lations necessary for the timely  implementation  of  this  act  on  its
effective date, may be promulgated on or before such effective date.