S T A T E   O F   N E W   Y O R K
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                                   4945
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by  M.  of A. GUNTHER, DiPIETRO -- read once and referred to
   the Committee on Agriculture
 
 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 law is REPEALED and a new section 4-a is added to read as follows: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;
   C. A COST ESTIMATE FOR THE PROPOSED PROJECT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03676-01-9

 A. 4945                             2
 
   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.