S T A T E O F N E W Y O R K
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6668
2019-2020 Regular Sessions
I N A S S E M B L Y
March 14, 2019
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Introduced by M. of A. LUPARDO -- Multi-Sponsored by -- M. of A.
BUTTENSCHON, CROUCH, HAWLEY, JONES, B. MILLER, MOSLEY, RIVERA, STIRPE,
WILLIAMS -- read once and referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to agricul-
tural custom operators
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 11 of section 301 of the agriculture and
markets law, as amended by chapter 35 of the laws of 2016, is amended
and a new subdivision 19 is added to read as follows:
11. "Farm operation" means the land and on-farm buildings, equipment,
manure processing and handling facilities, and practices which contrib-
ute to the production, preparation and marketing of crops, livestock and
livestock products as a commercial enterprise, including a "commercial
horse boarding operation" as defined in subdivision thirteen of this
section, a "timber operation" as defined in subdivision fourteen of this
section, "compost, mulch or other biomass crops" as defined in subdivi-
sion seventeen of this section [and], "commercial equine operation" as
defined in subdivision eighteen of this section AND AN "AGRICULTURAL
CUSTOM OPERATOR" AS DEFINED IN SUBDIVISION NINETEEN OF THIS SECTION.
Such farm operation may consist of one or more parcels of owned or rent-
ed land, which parcels may be contiguous or noncontiguous to each other.
19. "AGRICULTURAL CUSTOM OPERATOR" MEANS AN OPERATOR WHOSE FACILITIES
ARE LOCATED IN AN AGRICULTURAL DISTRICT OR WHOSE SERVICES ARE HIRED BY A
FARM OPERATION THAT IS LOCATED WITHIN AN AGRICULTURAL DISTRICT TO UNDER-
TAKE AN ACTIVITY ON THE FARM OPERATION THAT IS AN ESSENTIAL ACTIVITY OF
THE FARM OPERATION. AN AGRICULTURAL CUSTOM OPERATOR'S FUNCTIONS SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: PLANTING OR HARVESTING
CROPS, SPREADING MANURE, AND APPLYING PESTICIDES OR FERTILIZERS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04799-03-9
A. 6668 2
§ 2. Paragraph b of subdivision 1 of section 305-a of the agriculture
and markets law, as added by chapter 497 of the laws of 2011, is amended
to read as follows:
b. Upon the request of any municipality, farm owner or operator, OR
AGRICULTURAL CUSTOM OPERATOR, the commissioner shall render an opinion
to the appropriate local government officials, as to whether farm oper-
ations would be unreasonably restricted or regulated by proposed changes
in local land use regulations, ordinances or local laws pertaining to
agricultural practices and to the appropriate local land use enforcement
officials administering local land use regulations, ordinances, or local
laws or reviewing a permit pertaining to agricultural practices.
§ 3. This act shall take effect immediately.