BILL NUMBER: S7841

SPONSOR: RITCHIE
 
TITLE OF BILL:  An act to amend the agriculture and markets law and
the public lands law, in relation to access to viable agricultural land
for new and beginning farmers

 
PURPOSE:

To direct the Commissioner of the New York State Department of Agricul-
ture and Markets to enhance access to viable agricultural land for new
and beginning farmers and require the Commissioner of the Office of
General Services to work with the Commissioner of Agriculture and
Markets to develop an inventory of state-owned real property that may be
viable for farming.

 
SUMMARY OF PROVISIONS:

Section 1 amends § 16 of the agriculture and markets law by adding new
subdivision 2-f. Subdivision 2-f provides aid in efforts supporting the
successful transfer or lease of viable agricultural land from existing
              

owners to new owners and operators, especially beginning farmers.

Section 2 amends subdivision 5 of section 309 of the agriculture and
markets law to require the Agriculture Advisory Council to provide guid-
ance regarding tax, financial assistance, and other policies and
programs that might address the needs of new farmers, and issues related
to transfer or lease of farms, to the Commissioner and State agencies.

Section 3 amends subdivision 6 of section 323 of the agriculture and
markets law to require the Commissioner to report to the Governor and
the Legislature on efforts to enhance access to viable agricultural land
for new and beginning farmers.

Section 4 amends the agriculture and markets law by adding a new section
329-a, that directs the Department to collect and compile information
about both public and private lands available for purchase or leasing
for farming, and make such information available on its internet
website.

Section 5 amends § 2 of the public lands law by adding a new subdivision
3-a directing the Commissioner of the Office of General Services to work
with the Department of Agriculture and Markets to identify land that may
be viable for farming, and make such information available for the
Department of Agriculture and Markets to disseminate to the public.

Section 6 is the effective date.

 
JUSTIFICATION:

The most recent federal census of agriculture in 2012 found that the
average age of farmers in New York State is about 56, up from 50 in the
early 1980s. In light of that statistic, the U.S. Secretary of Agricul-
ture set a goal in 2010 of recruiting 100,000 new farmers across the
country to replace those that are retiring. Farming is a difficult busi-
ness; several factors, such as the complex process of transferring
ownership of farms and prohibitive capital costs, contribute to the
aging of the farm population and present barriers to younger farmers
gaining access to land. There is increasing interest by young people
hoping to find viable land they can farm.  Trends in the marketplace
such as increased demand for locally grown foods and beverages from
consumers, food service businesses and institutions, and the growing
interest in farming as a career, spurred by school-based programs, high-
light the importance of assisting and encouraging new farmers starting
out.

This bill would require assistance for new and beginning farmers in
existing state law. For example, it would direct the State's Agriculture
Advisory Council to provide advice to State agencies regarding tax,
financial assistance and other policies and programs that could address
the needs of beginning farmers and the issues they face related to the
transfer of ownership of farms. It would also require the identification
of properties owned by the State that are viable for farming and could
be sold or leased for farming. This bill will also promote information
among those interested in purchasing or leasing those properties.
According to the United States Department of Agriculture, nearly 40% of
farmland nationally is leased, rather than owned, by farmers. In light
of this statistic, identifying and promoting viable farmland for lease
is vital, in addition to identifying viable farmland for ownership. This
bill accomplishes both objectives.

Other states already use similar practices to make state owned land
accessible to new farmers. In Massachusetts, the state currently makes
645 acres of state-owned farmland available for five-year leases through
state licensing. Massachusetts uses property beyond previously farmed
land, including property at former state hospitals.  New York State
needs to join these other states that support their beginning farmers in
acquiring viable farmland, so New York State's leading industry can
grow. The Governor himself has recognized the value in returning vacant
and unused government land for use as urban gardens, and has encouraged
the department to oversee efforts to identify more state-owned land for
this purpose.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.