Assembly Bill A7064B

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

                                  7064

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 23, 2015
                               ___________

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

AN ACT to amend the  soil  and  water  conservation  districts  law,  in
  relation to establishing a drain tile revolving loan program

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

  Section 1. The soil and water conservation districts law is amended by
adding a new section 4-a to read as follows:
  S 4-A. DRAIN TILE REVOLVING  LOAN  PROGRAM.  1.  THE  SOIL  AND  WATER
CONSERVATION COMMITTEE SHALL ESTABLISH AND MAINTAIN A DRAIN TILE REVOLV-
ING  LOAN  PROGRAM  TO  PROVIDE  LOW  INTEREST  LOANS TO FARMERS FOR THE
PURPOSE OF ENHANCING THEIR FARM FIELDS WITH  DRAIN  TILE.  SUCH  PROGRAM
SHALL PROVIDE LOW INTEREST LOANS TO FARMERS FOR SUCH DRAIN TILE PROJECTS
AS  THE  COMMITTEE  SHALL  DEEM TO BE ELIGIBLE PURSUANT TO RULE OR REGU-
LATION.
  2. THE COMMITTEE  SHALL  PROMULGATE  RULES  AND  REGULATIONS  FOR  THE
PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS SECTION, INCLUDING ESTAB-
LISHING:
  A. AN APPLICATION PROCESS WHEREBY FARMERS MAY APPLY FOR LOANS;
  B. CRITERIA AND STANDARDS FOR DETERMINING A FARMER'S ELIGIBILITY FOR A
LOAN;
  C.  CRITERIA  AND STANDARDS FOR DETERMINING THE PRIORITY TO BE GRANTED
AMONG DRAIN TILE PROJECTS;
  D. CRITERIA AND STANDARDS FOR  DETERMINING  THE  AMOUNT  OF  FINANCIAL
ASSISTANCE TO BE PROVIDED TO A FARMER FOR A DRAIN TILE PROJECT; AND
  E. CRITERIA AND STANDARDS TO BE USED IN DETERMINING THE LOAN REPAYMENT
PERIODS AND THE TERMS OF ANY REPAYMENT AGREEMENTS.
  3.  THE AMOUNT OF FUNDS IN THE DRAIN TILE REVOLVING LOAN PROGRAM SHALL
BE SUBJECT TO A BUDGETARY APPROPRIATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05618-01-5

A. 7064                             2
              

  4. THE COMMITTEE MAY PROVIDE LOW INTEREST LOANS TO FARMERS WITHIN  THE
AMOUNTS  AVAILABLE  IN  THE  DRAIN  TILE REVOLVING LOAN FUND ESTABLISHED
PURSUANT TO THIS SECTION.
  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 and regu-
lations necessary to implement the provisions of this act on its  effec-
tive date are authorized to be made on or before such date.

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

                                 7064--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 23, 2015
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on Agriculture -- recommitted  to  the  Committee  on  Agriculture  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  soil  and  water conservation districts law, in
  relation to farm  drain  tile  financial  assistance;  and  to  repeal
  section 4-a of such law relating thereto

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

  Section 1. Section 4-a of the soil and  water  conservation  districts
law is REPEALED.
  S  2.  The  soil  and  water  conservation districts law is amended by
adding a new section 11-c to read as follows:
  S 11-C. FARM DRAIN TILE FINANCIAL ASSISTANCE PROGRAM.   1. SUBJECT  TO
THE  AVAILABILITY  OF  FUNDS,  FINANCIAL ASSISTANCE IS AVAILABLE TO FARM
OPERATIONS, AS DEFINED IN SECTION THREE HUNDRED ONE OF  THE  AGRICULTURE
AND  MARKETS LAW, TO FUND THE IMPLEMENTATION OF SUBSURFACE TILE DRAINAGE
PROJECTS THAT MEET THE FOLLOWING CRITERIA:
  A. THE FARM OPERATION MUST PARTICIPATE IN  THE  AGRICULTURAL  ENVIRON-
MENTAL  MANAGEMENT (AEM) PROGRAM AS SET FORTH IN ARTICLE ELEVEN-A OF THE
AGRICULTURE AND MARKETS LAW, HAVING COMPLETED AT LEAST AN  AEM  TIER  3A
NUTRIENT MANAGEMENT PLAN FOR THEIR ENTIRE CROP PRODUCTION LAND BASE;
  B.  THE PROJECT MUST BE FOR THE CONSTRUCTION OR IMPROVEMENT OF SUBSUR-
FACE DRAIN TILE, NUTRIENT MANAGEMENT AND BEST  MANAGEMENT  PRACTICES  TO
REDUCE THE RISK OF NUTRIENTS EXITING TILE LINES;
  C.  THE  PROJECT  MUST  BE  IMPLEMENTED  BY  A  DISTRICT,  OR GROUP OF
DISTRICTS ACTING JOINTLY, AND SUCH DISTRICT OR DISTRICTS MUST HAVE FUNDS
AVAILABLE TO PAY FOR ITS/THEIR SHARE OF THE ELIGIBLE PROJECT COSTS.
  2. APPLICATIONS FOR MATCHING GRANTS SHALL CONTAIN THE FOLLOWING INFOR-
MATION:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05618-03-6
              

A. 7064--A                          2

  A. THE NAME AND LOCATION OF THE FARM OPERATION AND THE  TRACTS  TO  BE
IMPROVED THROUGH SUBSURFACE DRAINAGE;
  B.  IDENTIFICATION  OF THE BEST MANAGEMENT PRACTICES TO BE IMPLEMENTED
TO REDUCE THE RISK OF NUTRIENTS EXITING TILE LINES;
  C. A COST ESTIMATE FOR THE PROPOSED PROJECT;
  D. THE SOURCE OF FUNDS AVAILABLE TO THE DISTRICT TO PAY FOR ITS  SHARE
OF THE ELIGIBLE COSTS;
  E. INFORMATION SUFFICIENT TO DEMONSTRATE THAT THE CRITERIA IN SUBDIVI-
SION ONE OF THIS SECTION HAVE BEEN MET; AND
  F.  SUCH  FURTHER  INFORMATION  AS  MAY  THEREAFTER BE REQUIRED BY THE
COMMITTEE TO DETERMINE FUNDING PRIORITIZATION IN THE EVENT THAT APPLICA-
TIONS FOR FUNDING EXCEED AMOUNTS  AVAILABLE  FOR  THE  PURPOSE  OF  THIS
SECTION.
  3.  ELIGIBLE  COSTS  THAT  MAY  BE FUNDED PURSUANT TO THIS SECTION ARE
CONSULTANT/CONTRACTOR  SERVICES,  ENGINEERING  COSTS,  LEGAL   SERVICES,
EQUIPMENT/MATERIALS, AND OTHER DIRECT EXPENSES RELATED TO PROJECT IMPLE-
MENTATION.
  4. STATE ASSISTANCE PAYMENTS PURSUANT TO THIS SECTION SHALL BE UP TO A
MAXIMUM  OF  SEVENTY-FIVE  PERCENT  OF THE ELIGIBLE COSTS, NOT TO EXCEED
FIFTY THOUSAND DOLLARS PER ANNUM TO ANY SINGLE AGRICULTURAL PRODUCER.
  5. THE COMMITTEE MAY ADOPT RULES AND REGULATIONS NECESSARY TO EFFECTU-
ATE THE PURPOSES OF THIS SECTION.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.