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Assembly Bill A5676

2019-2020 Legislative Session

Provides that land where sewage sludge or other sludge is applied shall be ineligible for an agricultural assessment

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Archive: Last Bill Status - In Assembly Committee

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2019-A5676 (ACTIVE) - Details

Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §305, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2590
2011-2012: A3820
2013-2014: A1940
2015-2016: A2003
2017-2018: A6704

2019-A5676 (ACTIVE) - Summary

Provides that where sewage sludge or other sludge or any product made from sewage sludge or other sludge is applied upon land receiving an agricultural assessment, such land shall be ineligible for such assessment; where only a portion of such land is affected, the assessor shall prorate such agricultural assessment.

2019-A5676 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5676
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
   Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to agricul-
   tural assessments of land applied with sludge
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 305 of the agriculture and markets
 law is amended by adding a new paragraph g to read as follows:
   G. (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IF SEWAGE SLUDGE OR
 OTHER  SLUDGE OR ANY PRODUCT MADE FROM SEWAGE SLUDGE OR OTHER SLUDGE, IS
 APPLIED UPON LAND, SUCH APPLICATION SHALL RENDER  THE  LAND  UPON  WHICH
 SUCH  APPLICATION  OCCURRED  INELIGIBLE  FOR  AN AGRICULTURAL ASSESSMENT
 PURSUANT TO THIS SECTION OR SECTION THREE HUNDRED SIX  OF  THIS  ARTICLE
 BEGINNING  WITH  THE  ASSESSMENT ROLL PREPARED ON THE BASIS OF THE FIRST
 TAXABLE STATUS DATE OCCURRING ON OR AFTER SUCH APPLICATION.  IF THE LAND
 UPON WHICH SUCH APPLICATION HAS OCCURRED CONSTITUTES ONLY A PORTION OF A
 PARCEL DESCRIBED ON THE ASSESSMENT ROLL, THE  ASSESSOR  SHALL  APPORTION
 THE  ASSESSMENT,  AND ADJUST THE AGRICULTURAL ASSESSMENT ATTRIBUTABLE TO
 THE PORTION OF THE PARCEL NOT SUBJECT TO THE APPLICATION BY  SUBTRACTING
 THE  PROPORTIONATE  PART  OF THE AGRICULTURAL ASSESSMENT ATTRIBUTABLE TO
 THE PORTION UPON WHICH  APPLICATION  HAS  OCCURRED.  NO  LAND  SHALL  BE
 RENDERED  INELIGIBLE  FOR  AN AGRICULTURAL ASSESSMENT AS A RESULT OF ANY
 APPLICATION OF SEWAGE SLUDGE OR OTHER SLUDGE OR ANY  PRODUCT  MADE  FROM
 SEWAGE  SLUDGE OR OTHER SLUDGE MADE AT ANY TIME UPON SUCH LAND, PROVIDED
 THAT ONE OR MORE OF SUCH APPLICATIONS OCCURRED BEFORE THE EFFECTIVE DATE
 OF THIS PARAGRAPH.
   (II) FOR PURPOSES OF THIS PARAGRAPH, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A)  "SLUDGE"  MEANS  ANY  SOLID, SEMI-SOLID OR LIQUID WASTE GENERATED
 FROM A WASTEWATER TREATMENT PLANT, WATER SUPPLY TREATMENT PLANT  OR  AIR
 POLLUTION  CONTROL  FACILITY, BUT SHALL NOT INCLUDE THE TREATED EFFLUENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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