senate Bill S7131A

2013-2014 Legislative Session

Relates to the designation and amendment of trails

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2014 referred to agriculture
delivered to assembly
passed senate
Jun 09, 2014 amended on third reading 7131a
May 12, 2014 advanced to third reading
May 07, 2014 2nd report cal.
May 06, 2014 1st report cal.507
Apr 30, 2014 referred to agriculture

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S7131 - Bill Details

See Assembly Version of this Bill:
A9949
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §284-a, Ag & Mkts L

S7131 - Bill Texts

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Relates to the designation and amendment of trails.

view sponsor memo
BILL NUMBER:S7131

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to designation and amendment of trails

Purpose of the Bill: The bill would authorize the Department of
Agriculture and Markets (DAM) to designate and alter wine trails and
farm beverage trails without altering the ability to so designate
trails by ad hoc legislation.

Summary of Provisions:

Section 1 of the bill would amend Agriculture and Markets Law (AML)
284-a to (i) add definitions for "wine trail" and "farm beverage
trail" to authorize DAM to designate such trails in the same manner in
which DAM may already may establish farm trails, apple trails and
cuisine trails; (ii) update the entities with which DAM must consult
when designating trails to include the Chairman of the State Liquor
Authority and the Commissioner of Economic Development, and (iii)
provide more flexibility to DAM when designating apple, farm, cuisine,
wine and farm beverage trails.

Existing Law: Currently, AML § 284-a authorizes DAM to designate farm
trails, apple trails, and cuisine trails, but does not specifically
authorize the designation of wine trails or farm beverage trails.
Several wine trails have been designated by statute in Highway Law
343-k and 343-s.

Prior Legislative History: This is a new bill.

Statement in Support: At the Governor's 2012 Wine, Beer and Spirits
Summit, industry representatives identified statutory limitations to
updating wine trails as an area in need of reform. The bill would
provide express authority to DAM to designate wine trails and farm
beverage trails in the same manner as they may currently designate
farm trails, apple trails, and cuisine trails. The bill would not
affect existing wine trails established in the Highway Law nor would
it foreclose specific legislation designating such trails. It simply
provides that DAM, in proposing new trails, must ensure that the
proposed trail routes do not conflict with existing scenic byways or
wine trails designated pursuant to the Highway Law.

In addition, the bill would provide flexibility to DAM to designate
and alter trails pursuant to AML § 284-a, after consultation with the
Commissioner of Transportation, the Chairman of the State Liquor
Authority and the Commissioner of Economic Development. For example,
the bill would eliminate both the requirement that the length of a
trail not exceed fifty miles and the existing prohibition on altering
a trail route within eighteen months of its designation. DAM would
continue to be required to consult with the Department of
Transportation for trail layout, signage and highway safety issues.

Budget Implications: None.

Local Impact: The bill would have no impact on local governments.

Effective Date: The bill would take effect immediately.


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

                                  7131

                            I N  S E N A T E

                             April 30, 2014
                               ___________

Introduced  by Sen. RITCHIE -- (at request of the Department of Agricul-
  ture and Markets) -- read twice and ordered printed, and when  printed
  to be committed to the Committee on Agriculture

AN  ACT  to amend the agriculture and markets law, in relation to desig-
  nation and amendment of trails

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

  Section  1. Section 284-a of the agriculture and markets law, as added
by chapter 248 of the laws of 2004,  paragraph  (c)  of  subdivision  2,
paragraphs  (b)  and (c) of subdivision  3 and paragraph (a) of subdivi-
sion 4 as amended by chapter 448 of the laws of 2008, is amended to read
as follows:
  S 284-a. Establishment of farm trails,  apple  trails  [and],  cuisine
trails,  WINE  TRAILS AND FARM BEVERAGE TRAILS.  1. Marketing activities
and designation of trails. The department shall  conduct  statewide  and
regional  marketing  activities  which shall include, but not be limited
to, the designation of farm trails, apple trails, [and] cuisine  trails,
WINE TRAILS AND FARM BEVERAGE TRAILS.
  2. Definitions. For the purposes of this section:
  (a)  "farm  trail"  shall mean an association of producers that are in
close proximity to each other, that  sell  in  a  cooperative  manner  a
complementary variety of farm and food products, and that utilize a map,
other  directional  devices,  or  highway  signs  to market products and
direct patrons to their respective farms.
  (b) "apple trail" shall mean an association of producers that  are  in
close  proximity to each other, that sell in a cooperative manner a wide
variety of fresh apples or other fresh  fruits  or  processed  apple  or
other fruit products, and that utilize a map, other directional devices,
or  highway  signs  to market their products and direct patrons to their
respective farms.
  (c) "cuisine trail" shall mean an association of producers,  that  may
include a combination of producers, food or agricultural product proces-
sors  and retailers including, but not limited to, restaurants, that are
in close proximity to each other, and that sell in a cooperative  manner

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14142-03-4

S. 7131                             2

a  complementary  variety of unusual, unique, or hard to find fresh farm
and food products and foods prepared primarily with such products for on
or off premises consumption, including but not limited to, herbs, meats,
vegetables,  salad  materials, wines, cut flowers, mushrooms, or fruits.
Such trails may utilize a map, other  directional  devices,  or  highway
signs  to  market  their  products and direct patrons to their places of
business.
  (D) "WINE TRAIL" SHALL MEAN A SERIES OF  WINERIES  IDENTIFIED  BY  THE
COMMISSIONER,  WHICH MAY BE LINKED BY GEOGRAPHIC PROXIMITY AND ALIGNMENT
OR THEMATIC CONSISTENCY.
  (E) "FARM BEVERAGE TRAIL" SHALL MEAN AN ASSOCIATION OF PRODUCERS, THAT
MAY INCLUDE A COMBINATION OF PRODUCERS AND AGRICULTURAL PROCESSORS  THAT
ARE  IN  A CLOSE PROXIMITY TO EACH OTHER, AND THAT SELL IN A COOPERATIVE
MANNER BEVERAGES FOR ON OR OFF  PREMISES  CONSUMPTION,  INCLUDING  WINE,
BEER, CIDER AND DISTILLED LIQUORS.
  3.  Designation  of  trails.  (a) The department shall designate farm,
apple, [and] cuisine, WINE AND FARM BEVERAGE trails to  promote  greater
agricultural  marketing  and  promotional opportunities for agricultural
producers AND PROCESSORS located in the areas of such trails.
  (b) Designations shall take into  consideration  geographic  proximity
and alignment, thematic consistency, geographic or historical consisten-
cy,  density,  economic feasibility, and the cooperation of agricultural
producers AND PROCESSORS on the trails to be designated. [The department
shall designate no more than ten farm trails, ten apple trails, and  ten
cuisine trails.] Criteria for developing and approving such trails shall
include:
  (i)  [that  the length of such trail, excluding laterals, is no longer
than fifty miles,
  (ii)] containing a sufficient number of producers to  cost-effectively
attract patrons to such trail association's participating members,
  [(iii)]  (II)  incorporating considerations that maximize patronage of
such trail,
  [(iv)] (III) ensuring that proposed trail routes do not conflict  with
existing  scenic  byways  designated  pursuant  to section three hundred
forty-nine-dd of the highway law or wine trails designated  pursuant  to
section  three hundred forty-three-k of the highway law OR THREE HUNDRED
FORTY-THREE-S OF THE HIGHWAY LAW,
  [(v)] (IV) ensuring that trail designations are neither redundant  nor
cover  themes  or  subjects or have names that have already been used by
trails designated by the New York state scenic byways program or  desig-
nated as a wine trail pursuant to section three hundred forty-three-k of
the highway law OR THREE HUNDRED FORTY-THREE-S OF THE HIGHWAY LAW,
  [(vi)]  (V)  ensuring that the trail route is designed and laid out so
that it is relatively simple and easy to follow for patrons and contains
few branches or laterals that dead end at one association member's busi-
ness, and
  [(vii)] (VI) upon consulting with the commissioner of  transportation,
trail designations that may support, augment, or reinforce the themes or
subjects  already  covered  by the existing scenic byways system or wine
trails designated pursuant to the highway law.
  (c) In making designations, the department shall consult with:
  (i) [the New York State  Farmers  Direct  Marketing  Association,  the
advisory  council  on  agriculture, and the New York State scenic byways
advisory board; and
  (ii)] the commissioner of transportation. The commissioner  of  trans-
portation  shall  cooperate  with  the  department  in  carrying out the

S. 7131                             3

provisions of this section. The  commissioner  of  transportation,  upon
receipt of a one time five hundred dollar application fee, is authorized
to permit the installation and maintenance of signs on the state highway
system  for  trails  designated  pursuant  to  this  section. Such funds
received by the commissioner of transportation pursuant to this subdivi-
sion shall be deposited pursuant to section eighty-nine-b of  the  state
finance  law.  However,  to  avoid  confusion  and to limit any possible
disruption of commerce, the trail designations called  for  pursuant  to
this  section  shall be of a ceremonial nature and the official names of
such highway shall not be changed as  a  result  of  such  designations.
Signage for trails designated pursuant to this section may include "farm
trail",  "apple  trail",  "cuisine  trail", "WINE TRAIL", "FARM BEVERAGE
TRAIL" or other descriptive language to promote  the  marketing  of  the
[trails] TRAILS' products[.];
  (II) THE CHAIRMAN OF THE STATE LIQUOR AUTHORITY; AND
  (III) THE COMMISSIONER OF ECONOMIC DEVELOPMENT.
  (d)  [Once approved, trail route designations may not be altered for a
minimum period of time of eighteen months; provided, however, that addi-
tional participating members may be incorporated into  already  existing
designated  trail  routes.] The department may review the designation of
any trail established pursuant to this section and review  such  trail's
effectiveness in attracting patrons or tourists, increasing patronage of
association  member businesses, and expanding the marketing capabilities
of all trail members. The department, upon periodically reviewing desig-
nated trails, may make suggestions to alter the route,  adopt  revisions
to  the  business  management  practices  of  such trail association, or
remove the designation of any such trail authorized by this section.
  4. Application for designation. (a) Any association  of  producers  as
described  in  this  section,  upon payment of an application fee of two
hundred fifty dollars and completion of an application form, may  obtain
from  the department designation as a farm, apple, [or] cuisine, WINE OR
FARM BEVERAGE trail. Such funds received by the department  pursuant  to
this  subdivision shall be deposited in the general fund. All applicants
must satisfy the designation criteria stated  in  subdivision  three  of
this section.
  (b)  The  department, in approving any trail application and installa-
tion of highway signage, if such signage is requested by the  applicant,
shall  consult  with  and  satisfy  all  reasonable motor vehicle safety
concerns specified by the commissioner of transportation to ensure  that
the  trail  designation,  its route, or proposed signage does not impede
vehicular traffic or diminish motorists' safety  on  the  state  highway
system.  The  design  of all highway signs must conform with all uniform
traffic control device regulations and must be approved by  the  commis-
sioner of transportation.
  5.  Application  for  federal monies. The department may apply for and
accept federal monies that may be available to support such a program or
funds from any other source to support this program.  Upon  approval  of
the  commissioner  of transportation, trails designated pursuant to this
section may be eligible for and accept any federal highway aid or  funds
that may be available to support such program.
  S 2. This act shall take effect immediately.

Co-Sponsors

S7131A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9949
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §284-a, Ag & Mkts L

S7131A (ACTIVE) - Bill Texts

view summary

Relates to the designation and amendment of trails.

view sponsor memo
BILL NUMBER:S7131A

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to designation and amendment of trails

Purpose of the Bill:

The bill would authorize the Department of Agriculture and Markets
(DAM) to designate and alter wine trails and farm beverage trails
without limiting the ability to designate trails by ad hoc
legislation.

Summary of Provisions:

Section 1 of the bill would amend Agriculture and Markets Law (AML)
284-a to (i) add definitions of "wine trail" and "farm beverage trail"
to authorize DAM to designate such trails in the same manner in which
DAM designates farm trails, apple trails, and cuisine trails; (ii)
update the entities with which DAM must consult when designating
trails to include the Chairman of the State Liquor Authority and the
Commissioner of Economic Development; (iii) provide more flexibility
to DAM to designate and alter apple, farm, cuisine, wine, and farm
beverage trails, and (iv) eliminate the DAM and Department of
Transportation (DOT) application fees relating to designation and
signage of trails.

Existing Law:

Currently, AML § 284-a authorizes DAM to designate farm trails, apple
trails, and cuisine trails, but does not specifically authorize the
designation of wine trails or farm beverage trails. Several wine
trails have been designated by statute in Highway Law §§ 343-k and
343-s. AML § 284-a provides for a $250 application fee for trail
designation to be paid to DAM, as well as a $500 application fee to be
paid to DOT for the installation and maintenance of highway signs for
designated trails.

Legislative History:

This is a new bill.

Statement in Support:

At the Governor's 2012 and 2014 Wine, Beer, Spirits and Cider Summits
industry representatives identified statutory limitations to updating
wine trails as an area in need of reform. The bill would provide
express authority to DAM to designate wine trails and farm beverage
trails in the same manner as it currently designates farm trails,
apple trails, and cuisine trails. The bill would not affect existing
wine trails established in the Highway Law nor would it foreclose
specific legislation designating such trails. It would require that
DAM, in proposing new trails, ensure that the proposed trail routes do
not conflict with existing scenic byways or wine trails designated
pursuant to the Highway Law.

In addition, the bill would provide flexibility to DAM to designate
and alter trails pursuant to AML § 284-a, after consultation with the


Commissioner of Transportation, the Chairman of the State Liquor
Authority and the Commissioner of Economic Development. For example,
the bill would eliminate both the requirement that the length of a
trail not exceed fifty miles and the existing prohibition on altering
a trail route within eighteen months of its designation. DAM would
continue to be required to consult with DOT for trail layout, signage
and highway safety issues.

Finally, the bill would amend AML § 284-a to eliminate the application
fees associated with designation and signage of trails. Wine trails
established pursuant to the Highway Law have no associated fees.
These fees raise insignificant revenue for the State, but their
elimination would remove a financial burden on agricultural producers.

Budget Implications:

None.

Local Impact:

This bill would have no impact on local governments.

Effective Date:

The bill would take effect immediately.

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

                                 7131--A
    Cal. No. 507

                            I N  S E N A T E

                             April 30, 2014
                               ___________

Introduced by Sens. RITCHIE, TKACZYK -- (at request of the Department of
  Agriculture  and  Markets) -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Agriculture  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in the order of third reading

AN  ACT  to amend the agriculture and markets law, in relation to desig-
  nation and amendment of trails

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

  Section  1. Section 284-a of the agriculture and markets law, as added
by chapter 248 of the laws of 2004,  paragraph  (c)  of  subdivision  2,
paragraphs  (b)  and (c) of subdivision  3 and paragraph (a) of subdivi-
sion 4 as amended by chapter 448 of the laws of 2008, is amended to read
as follows:
  S 284-a. Establishment of farm trails,  apple  trails  [and],  cuisine
trails,  WINE  TRAILS AND FARM BEVERAGE TRAILS.  1. Marketing activities
and designation of trails. The department shall  conduct  statewide  and
regional  marketing  activities  which shall include, but not be limited
to, the designation of farm trails, apple trails, [and] cuisine  trails,
WINE TRAILS AND FARM BEVERAGE TRAILS.
  2. Definitions. For the purposes of this section:
  (a)  "farm  trail"  shall mean an association of producers that are in
close proximity to each other, that  sell  in  a  cooperative  manner  a
complementary variety of farm and food products, and that utilize a map,
other  directional  devices,  or  highway  signs  to market products and
direct patrons to their respective farms.
  (b) "apple trail" shall mean an association of producers that  are  in
close  proximity to each other, that sell in a cooperative manner a wide
variety of fresh apples or other fresh  fruits  or  processed  apple  or
other fruit products, and that utilize a map, other directional devices,
or  highway  signs  to market their products and direct patrons to their
respective farms.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14142-04-4

S. 7131--A                          2

  (c) "cuisine trail" shall mean an association of producers,  that  may
include a combination of producers, food or agricultural product proces-
sors  and retailers including, but not limited to, restaurants, that are
in close proximity to each other, and that sell in a cooperative  manner
a  complementary  variety of unusual, unique, or hard to find fresh farm
and food products and foods prepared primarily with such products for on
or off premises consumption, including but not limited to, herbs, meats,
vegetables, salad materials, wines, cut flowers, mushrooms,  or  fruits.
Such  trails  may  utilize  a map, other directional devices, or highway
signs to market their products and direct patrons  to  their  places  of
business.
  (D)  "WINE  TRAIL"  SHALL  MEAN A SERIES OF WINERIES IDENTIFIED BY THE
COMMISSIONER, WHICH MAY BE LINKED BY GEOGRAPHIC PROXIMITY AND  ALIGNMENT
OR THEMATIC CONSISTENCY.
  (E) "FARM BEVERAGE TRAIL" SHALL MEAN AN ASSOCIATION OF PRODUCERS, THAT
MAY  INCLUDE A COMBINATION OF PRODUCERS AND AGRICULTURAL PROCESSORS THAT
ARE IN A CLOSE PROXIMITY TO EACH OTHER, AND THAT SELL IN  A  COOPERATIVE
MANNER  BEVERAGES  FOR  ON  OR OFF PREMISES CONSUMPTION, INCLUDING WINE,
BEER, CIDER AND DISTILLED LIQUORS.
  3. Designation of trails. (a) The  department  shall  designate  farm,
apple,  [and]  cuisine, WINE AND FARM BEVERAGE trails to promote greater
agricultural marketing and promotional  opportunities  for  agricultural
producers AND PROCESSORS located in the areas of such trails.
  (b)  Designations  shall  take into consideration geographic proximity
and alignment, thematic consistency, geographic or historical consisten-
cy, density, economic feasibility, and the cooperation  of  agricultural
producers AND PROCESSORS on the trails to be designated. [The department
shall  designate no more than ten farm trails, ten apple trails, and ten
cuisine trails.] Criteria for developing and approving such trails shall
include:
  (i) [that the length of such trail, excluding laterals, is  no  longer
than fifty miles,
  (ii)]  containing a sufficient number of producers to cost-effectively
attract patrons to such trail association's participating members,
  [(iii)] (II) incorporating considerations that maximize  patronage  of
such trail,
  [(iv)]  (III) ensuring that proposed trail routes do not conflict with
existing scenic byways designated  pursuant  to  section  three  hundred
forty-nine-dd  of  the highway law or wine trails designated pursuant to
section three hundred forty-three-k of the highway law OR THREE  HUNDRED
FORTY-THREE-S OF THE HIGHWAY LAW,
  [(v)]  (IV) ensuring that trail designations are neither redundant nor
cover themes or subjects or have names that have already  been  used  by
trails  designated by the New York state scenic byways program or desig-
nated as a wine trail pursuant to section three hundred forty-three-k of
the highway law OR THREE HUNDRED FORTY-THREE-S OF THE HIGHWAY LAW,
  [(vi)] (V) ensuring that the trail route is designed and laid  out  so
that it is relatively simple and easy to follow for patrons and contains
[few] NO branches or laterals [that dead end at one association member's
business], and
  [(vii)]  (VI) upon consulting with the commissioner of transportation,
trail designations that may support, augment, or reinforce the themes or
subjects already covered by the existing scenic byways  system  or  wine
trails designated pursuant to the highway law.
  (c) In making designations, the department shall consult with:

S. 7131--A                          3

  (i)  [the  New  York  State  Farmers Direct Marketing Association, the
advisory council on agriculture, and the New York  State  scenic  byways
advisory board; and
  (ii)]  the  commissioner of transportation. The commissioner of trans-
portation shall cooperate  with  the  department  in  carrying  out  the
provisions  of  this  section. The commissioner of transportation[, upon
receipt of a one time five hundred dollar application fee,]  is  author-
ized  to  permit  the installation and maintenance of signs on the state
highway system for trails designated pursuant  to  this  section.  [Such
funds  received  by  the commissioner of transportation pursuant to this
subdivision shall be deposited pursuant to section eighty-nine-b of  the
state  finance law.] However, to avoid confusion and to limit any possi-
ble disruption of commerce, the trail designations called  for  pursuant
to  this  section shall be of a ceremonial nature and the official names
of such highway shall not be changed as a result of  such  designations.
Signage for trails designated pursuant to this section may include "farm
trail",  "apple  trail",  "cuisine  trail", "WINE TRAIL", "FARM BEVERAGE
TRAIL" or other descriptive language to promote  the  marketing  of  the
[trails] TRAILS' products[.];
  (II) THE CHAIRMAN OF THE STATE LIQUOR AUTHORITY; AND
  (III) THE COMMISSIONER OF ECONOMIC DEVELOPMENT.
  (d)  [Once approved, trail route designations may not be altered for a
minimum period of time of eighteen months; provided, however, that addi-
tional participating members may be incorporated into  already  existing
designated  trail  routes.] The department may review the designation of
any trail established pursuant to this section and review  such  trail's
effectiveness in attracting patrons or tourists, increasing patronage of
association  member businesses, and expanding the marketing capabilities
of all trail members. The department, upon periodically reviewing desig-
nated trails, may make suggestions to alter the route,  adopt  revisions
to  the  business  management  practices  of  such trail association, or
remove the designation of any such trail authorized by this section.
  4. Application for designation. (a) Any association  of  producers  as
described  in  this  section, upon [payment of an application fee of two
hundred fifty dollars and] completion of an application form, may obtain
from the department designation as a farm, apple, [or] cuisine, WINE  OR
FARM  BEVERAGE trail. [Such funds received by the department pursuant to
this subdivision shall be deposited in the general fund.] All applicants
must satisfy the designation criteria stated  in  subdivision  three  of
this section.
  (b)  The department, in approving any trail application [and installa-
tion of highway signage, if such signage is requested by the applicant],
shall consult with and  satisfy  all  reasonable  motor  vehicle  safety
concerns  specified by the commissioner of transportation to ensure that
the trail designation, its route, or proposed signage  does  not  impede
vehicular  traffic  or  diminish  motorists' safety on the state highway
system. The design of all highway signs must conform  with  all  uniform
traffic  control  device regulations and must be approved by the commis-
sioner of transportation.
  5. Application for federal monies. The department may  apply  for  and
accept federal monies that may be available to support such a program or
funds  from  any  other source to support this program. Upon approval of
the commissioner of transportation, trails designated pursuant  to  this
section  may be eligible for and accept any federal highway aid or funds
that may be available to support such program.
  S 2. This act shall take effect immediately.

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