S T A T E   O F   N E W   Y O R K
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                                  7555

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 23, 2013
                               ___________

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

AN ACT to amend the agriculture and markets law and the general  munici-
  pal  law,  in relation to soil and water conservation district program
  improvements

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

  Section  1.  Section 322 of the agriculture and markets law is amended
by adding a new subdivision 5 to read as follows:
  5. "SOIL AND WATER CONSERVATION DISTRICT" MEANS AN ENTITY  AS  DEFINED
IN  SUBDIVISION  ONE OF SECTION THREE OF THE SOIL AND WATER CONSERVATION
DISTRICTS LAW.
  S 2. Section 323 of the agriculture and markets  law,  as  amended  by
chapter 268 of the laws of 2008, is amended to read as follows:
  S 323. State agricultural and farmland protection program. The commis-
sioner  shall  initiate  and  maintain a state agricultural and farmland
protection program to provide financial and technical assistance, within
funds available, to counties, municipalities, SOIL AND  WATER  CONSERVA-
TION  DISTRICTS, and not-for-profit conservation organizations for their
agricultural and farmland protection efforts. Activities to be conducted
by the commissioner shall include, but not be limited to:
  1. developing guidelines for the  creation  by  counties  and  munici-
palities of agricultural and farmland protection plans;
  2.  providing technical assistance to county agricultural and farmland
protection boards, as established  in  article  twenty-five-AA  of  this
chapter, and municipalities;
  3.  administering state assistance payments to county agricultural and
farmland protection boards [and],  municipalities  AND  SOIL  AND  WATER
CONSERVATION DISTRICTS;
  4. disseminating information to county and municipal governments, SOIL
AND WATER CONSERVATION DISTRICTS, owners of agricultural lands and other

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08970-03-3
              

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agricultural   interests  about  the  state  agricultural  and  farmland
protection program established pursuant to this article;
  5. administering state assistance payments to not-for-profit conserva-
tion organizations; and
  6.  reporting biennially to the governor and the legislature regarding
the activities of the commissioner, the types  of  technical  assistance
rendered  to county agricultural and farmland protection boards, munici-
palities, SOIL  AND  WATER  CONSERVATION  DISTRICTS  and  not-for-profit
conservation organizations, and the need to protect the state's agricul-
tural economy and land resources.
  S  3. Subdivision 1 of section 325 of the agriculture and markets law,
as amended by chapter 234 of the laws of 2010, is  amended  to  read  as
follows:
  1.  Subject  to  the availability of funds, a program is hereby estab-
lished to finance through state assistance payments the state  share  of
the  costs  of [county and municipal] LOCALLY-LED agricultural and farm-
land protection activities.   State  assistance  payments  for  planning
activities  shall not exceed fifty thousand dollars to each county agri-
cultural and farmland protection board or one hundred  thousand  dollars
to  two such boards applying jointly, and shall not exceed fifty percent
of the cost of preparing an agricultural and farmland  protection  plan.
State assistance payments for planning activities shall not exceed twen-
ty-five  thousand  dollars  to  each municipality other than a county or
fifty thousand dollars to two such municipalities applying jointly,  and
shall  not exceed seventy-five percent of the cost of preparing an agri-
cultural and farmland protection plan. A county which  has  an  approved
farmland  protection  plan  may after one hundred twenty months from the
date of such approval by the commissioner  apply  for  additional  state
assistance  payments  for planning activities related to the updating of
their current plan or development of a  new  farmland  protection  plan.
Such  additional  state assistance payments shall not exceed fifty thou-
sand dollars to each county agricultural and farmland  protection  board
or one hundred thousand dollars to two such boards applying jointly, and
shall  not exceed fifty percent of the cost of preparing an agricultural
and farmland protection plan. State assistance payments for  implementa-
tion  of approved agricultural and farmland protection plans may fund up
to seventy-five percent of the cost of implementing the county  plan  or
portion  of  the plan for which state assistance payments are requested.
State assistance payments to such counties shall not exceed seventy-five
percent of the cost of implementing the local plan  or  portion  of  the
plan  for  which state assistance has been requested. Such maximum shall
be increased by a percentage equal to the percentage of the total eligi-
ble costs for such specified projects that are contributed by the  owner
of  the  agricultural  land  for  which  the  project  is  being funded,
provided, however, that in no  event  shall  the  total  of  such  state
assistance  payments  exceed  eighty-seven  and one-half percent of such
eligible costs for any specified project.
  S 4. Paragraphs (c) and (d) of subdivision 2 of  section  325  of  the
agriculture  and markets law are relettered paragraphs (d) and (e) and a
new paragraph (c) is added to read as follows:
  (C) A SOIL AND WATER CONSERVATION DISTRICT  MAY  APPLY  AND  SHALL  BE
ELIGIBLE FOR AGRICULTURAL PROTECTION STATE ASSISTANCE PAYMENTS TO IMPLE-
MENT  A  COUNTY  OR  MUNICIPAL AGRICULTURAL AND FARMLAND PROTECTION PLAN
APPROVED BY THE COMMISSIONER  PROVIDED  THAT  THE  PROPOSED  PROJECT  IS
ENDORSED  FOR FUNDING BY THE COUNTY AGRICULTURAL AND FARMLAND PROTECTION
BOARD FOR THE COUNTY IN WHICH THE PROPOSED PROJECT IS  LOCATED.  A  SOIL

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AND  WATER  CONSERVATION  DISTRICT, TWO SUCH SOIL AND WATER CONSERVATION
DISTRICTS ACTING JOINTLY, A SOIL AND WATER CONSERVATION DISTRICT  AND  A
MUNICIPALITY  ACTING  JOINTLY, OR A SOIL AND WATER CONSERVATION DISTRICT
AND A NOT-FOR-PROFIT CONSERVATION ORGANIZATION ACTING JOINTLY SHALL MAKE
APPLICATION  TO  THE COMMISSIONER IN SUCH MANNER AS THE COMMISSIONER MAY
PRESCRIBE. THE PROPOSED PROJECT MUST ALSO BE ENDORSED FOR FUNDING BY THE
MUNICIPALITY IN WHICH THE PROPOSED PROJECT IS LOCATED IF  THE  SOIL  AND
WATER  CONSERVATION  DISTRICT  IS  SEEKING AGRICULTURAL PROTECTION STATE
ASSISTANCE PAYMENTS TO IMPLEMENT AN APPROVED MUNICIPAL AGRICULTURAL  AND
FARMLAND  PROTECTION  PLAN.  STATE  ASSISTANCE PAYMENTS TO SUCH SOIL AND
WATER CONSERVATION DISTRICTS SHALL NOT EXCEED  SEVENTY-FIVE  PERCENT  OF
THE COST OF IMPLEMENTING THE LOCAL PLAN OR PORTION OF THE PLAN FOR WHICH
STATE  ASSISTANCE HAS BEEN REQUESTED. 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 OF THE AGRI-
CULTURAL LAND FOR WHICH THE PROJECT IS BEING FUNDED; PROVIDED,  HOWEVER,
THAT  IN  NO  EVENT  SHALL  THE  TOTAL OF SUCH STATE ASSISTANCE PAYMENTS
EXCEED EIGHTY-SEVEN AND ONE-HALF PERCENT OF SUCH ELIGIBLE COSTS FOR  ANY
SPECIFIED  PROJECT.  THE  COMMISSIONER  MAY  REQUIRE SUCH INFORMATION OR
ADDITIONAL PLANNING AS HE OR SHE DEEMS  NECESSARY  TO  EVALUATE  SUCH  A
REQUEST FOR STATE ASSISTANCE.
  S  5.  Subdivision 1 of section 119-o of the general municipal law, as
amended by chapter 623 of the laws  of  1998,  is  amended  to  read  as
follows:
  1. In addition to any other general or special powers vested in munic-
ipal  corporations and districts for the performance of their respective
functions, powers or duties on  an  individual,  cooperative,  joint  or
contract basis, municipal corporations and districts shall have power to
enter  into,  amend, cancel and terminate agreements for the performance
among themselves or one for the other  of  their  respective  functions,
powers  and  duties  on  a  cooperative  or  contract  basis  or for the
provision of a joint service  or  a  joint  water,  sewage  or  drainage
project. Notwithstanding the foregoing grant of authority, the temporary
investment  of moneys by more than one municipal corporation or district
pursuant to a municipal cooperation agreement which meets the definition
of "cooperative investment agreement" as set forth in article three-A of
this chapter shall be in compliance with all of the requirements of that
article. Any agreement entered into hereunder shall be approved by  each
participating  municipal  corporation  or district by a majority vote of
the voting strength of its governing body. Where the  authority  of  any
municipal  corporation  or  district  to perform by itself any function,
power and duty or to provide by itself any facility, service,  activity,
project or undertaking or the financing thereof is, by any other general
or  special  law, subject to a public hearing, a mandatory or permissive
referendum, consents of governmental  agencies,  or  other  requirements
applicable  to the making of contracts, then its right to participate in
an agreement hereunder shall be similarly conditioned.  MUNICIPAL CORPO-
RATIONS AND DISTRICTS SHALL ALSO HAVE THE POWER TO  ENTER  INTO,  AMEND,
CANCEL  AND  TERMINATE  AGREEMENTS  WITH  A  SOIL AND WATER CONSERVATION
DISTRICT ESTABLISHED UNDER THE SOIL AND WATER CONSERVATION DISTRICTS LAW
FOR THE PERFORMANCE AMONG THEMSELVES OR  ONE  FOR  THE  OTHER  OF  THEIR
RESPECTIVE  FUNCTIONS,  POWERS  AND  DUTIES ON A COOPERATIVE OR CONTRACT
BASIS OR FOR THE PROVISION OF  A  JOINT  SERVICE  OR  A  JOINT  PROJECT;
PROVIDED, HOWEVER, THAT THE EXERCISE OF ANY POWERS AND DUTIES UNDER THIS
ARTICLE  BY  A  SOIL AND WATER CONSERVATION DISTRICT SHALL BE SUBJECT TO

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THE POWERS, DUTIES AND LIMITATIONS IN SECTION NINE OF THE SOIL AND WATER
CONSERVATION DISTRICTS LAW.
  S 6. This act shall take effect immediately.