S T A T E   O F   N E W   Y O R K
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                                   1435
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced  by  Sens.  RITCHIE,  GALLIVAN,  MARCHIONE  -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Environmental Conservation
 
 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 law is REPEALED and a new section 4-a is added to read as follows:
   §  4-A.  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:
   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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07353-01-7

 S. 1435                             2
 
   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.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.