Assembly Bill A7845B

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 6231                                                  A. 7845
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               May 24, 2019
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Local Govern-
   ment
 
 IN ASSEMBLY -- Introduced by M. of A. THIELE, LUPARDO, GOTTFRIED, JONES,
   WILLIAMS, COOK, CARROLL, RAIA, LAVINE, TAGUE, BLAKE, GLICK, SEAWRIGHT,
   BARRON,  D'URSO,  CROUCH,  STIRPE,  CAHILL,  ABINANTI,  WOERNER, FAHY,
   STECK, ARROYO, WEPRIN, BRABENEC, MONTESANO, McDONOUGH, PALUMBO, SOLAG-
   ES, L. ROSENTHAL, COLTON, SANTABARBARA, HUNTER, PAULIN, QUART,  STERN,
   BARNWELL,  PERRY, ROZIC, MAGNARELLI, OTIS, SIMOTAS, HEVESI, ZEBROWSKI,
   BARRETT,  WALLACE,  EPSTEIN,  NIOU,  JAFFEE,   DINOWITZ,   RICHARDSON,
   DE LA ROSA,   RYAN,  ORTIZ,  RODRIGUEZ,  TAYLOR,  DeSTEFANO,  GRIFFIN,
   MOSLEY, SCHMITT -- Multi-Sponsored by -- M.  of A. BRONSON,  BUCHWALD,
   BYRNE,  CYMBROWITZ, GALEF, LENTOL, M. L. MILLER, SAYEGH, SIMON -- read
   once and referred to the Committee on Local Governments
 
 AN ACT in relation to certain agricultural lands
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings  and intent. The legislature hereby
 finds that article XIV, section 4 of  the  state  constitution  provides
 that  it  shall  be  the policy of the state to conserve and protect its
 natural resources and scenic beauty and encourage the development of its
 agricultural lands for the production of  food  and  other  agricultural
 products.
   Section  247 of the general municipal law authorizes any county, city,
 town or village to acquire interests or rights in real property for  the
 preservation of open spaces and areas as a public purpose. Open space or
 open  area is defined as any space or area characterized by: (1) natural
 scenic beauty; or (2) whose existing  openness,  natural  condition,  or
 present  state  of use, if retained, would enhance the present or poten-
 tial value of abutting or surrounding urban development, or would  main-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11156-01-9

 S. 6231                             2                            A. 7845
 
 tain  or  enhance  the  conservation  of  natural  or  scenic resources.
 Natural resources include but are  not  limited  to  agricultural  lands
 defined   as   open  lands  actually  used  in  bona  fide  agricultural
 production.
   The provisions of section 247 of the general municipal law relating to
 open  space  or area and the actual use of such lands in bona fide agri-
 cultural production have recently been the subject of a legal controver-
 sy with regard to the validity of local regulations that permit agricul-
 tural uses, buildings, or structures  on  agricultural  lands  protected
 pursuant to that section.
   In the case of Long Island Pine Barrens Society, Inc. v. Suffolk Coun-
 ty  Legislature,  159  A.D.3d 805 (2d Dep't 2018), lv. denied, 32 N.Y.3d
 910 (2018), the plaintiffs alleged that where  public  funds  have  been
 used  to  acquire  interests or rights in agricultural lands, such lands
 must remain open and undeveloped. It was further alleged that once  such
 interests  or  rights are acquired on such lands by a municipality, they
 must remain unchanged and no further development may occur. Finally,  it
 was  claimed  that certain uses, as well as the erection of agricultural
 structures, such as barns, fencing, and irrigation  systems  constituted
 an illegal alienation of the government's interest in agricultural lands
 or  a  waste  of  public  property.  The appellate division of the state
 supreme court rejected these claims and declared the  local  regulations
 to be valid. Leave to appeal was denied by the state court of appeals.
   The  legislature  reaffirms that interests or rights acquired in agri-
 cultural lands pursuant to section 247 of the general municipal  law  do
 not  prohibit  or preclude the right to use agricultural lands for uses,
 buildings and structures that are accessory to  bona  fide  agricultural
 production  unless  such  uses,  buildings  or  structures are expressly
 prohibited or limited in the documents effecting the transfer of  inter-
 ests  or rights to a municipality pursuant to this section. The legisla-
 ture further affirms that municipalities possess the legal authority  to
 permit and regulate such uses, buildings, and structures on agricultural
 lands protected pursuant to this section. Such uses, buildings or struc-
 tures  permitted  pursuant to local regulation do not constitute a waste
 of public property, nor do they constitute an alienation of  any  inter-
 ests  or rights in real property. Such uses, buildings or structures are
 consistent with the preservation of open space  and  areas  pursuant  to
 section 247 of the general municipal law.
   This  legislation further reaffirms the state's interest in the devel-
 opment of its agricultural lands for the production of food and agricul-
 tural products as set forth in the state constitution. It is the further
 intent of the legislature to  reaffirm  its  commitment  to  protecting,
 conserving  and  encouraging  the  development  and  improvement  of the
 state's agricultural lands. Agricultural lands in New York state are  in
 jeopardy of being lost for agricultural purposes due to deleterious side
 effects resulting from the extension of nonagricultural development into
 farm areas.
   The  socio-economic vitality of agriculture in this state is essential
 to the economic stability and growth of many local communities  and  the
 state  as  a  whole. Without the ability to engage in bona fide agricul-
 tural production, which includes the right to engage  in  uses  and  the
 right  to  erect  buildings  and  structures  accessory  to agricultural
 production, more agricultural lands will be lost and farming as a  vital
 component of the state's economy will be further threatened.
   §  2.  Agricultural  lands,  acquired  pursuant  to section 247 of the
 general municipal law, are eligible to receive permits for uses,  build-

 S. 6231                             3                            A. 7845
 
 ings,  and  structures  provided  that  the  municipality determines the
 granting of any such permits are accessory  to  bona  fide  agricultural
 production.
   § 3. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 6231--A                                            A. 7845--A
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               May 24, 2019
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Local Govern-
   ment  --  committee  discharged,  bill  amended,  ordered reprinted as
   amended and recommitted to said committee
 
 IN ASSEMBLY -- Introduced by M. of A. THIELE, LUPARDO, GOTTFRIED, JONES,
   WILLIAMS, COOK, CARROLL, RAIA, LAVINE, TAGUE, BLAKE, GLICK, SEAWRIGHT,
   BARRON, D'URSO,  CROUCH,  STIRPE,  CAHILL,  ABINANTI,  WOERNER,  FAHY,
   STECK, ARROYO, WEPRIN, BRABENEC, MONTESANO, McDONOUGH, PALUMBO, SOLAG-
   ES,  L. ROSENTHAL, COLTON, SANTABARBARA, HUNTER, PAULIN, QUART, STERN,
   BARNWELL, PERRY, ROZIC, MAGNARELLI, OTIS, SIMOTAS, HEVESI,  ZEBROWSKI,
   BARRETT,   WALLACE,   EPSTEIN,  NIOU,  JAFFEE,  DINOWITZ,  RICHARDSON,
   DE LA ROSA,  RYAN,  ORTIZ,  RODRIGUEZ,  TAYLOR,  DeSTEFANO,   GRIFFIN,
   MOSLEY,  SCHMITT, MANKTELOW -- Multi-Sponsored by -- M. of A. BRONSON,
   BUCHWALD, BYRNE,  CYMBROWITZ,  GALEF,  LENTOL,  M. L. MILLER,  SAYEGH,
   SIMON  -- read once and referred to the Committee on Local Governments
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN ACT in relation to certain agricultural lands

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and  intent.  The  legislature  hereby
 finds  that  article  XIV,  section 4 of the state constitution provides
 that it shall be the policy of the state to  conserve  and  protect  its
 natural resources and scenic beauty and encourage the development of its
 agricultural  lands  for  the  production of food and other agricultural
 products.
   Section 247 of the general municipal law authorizes any county,  city,
 town  or village to acquire interests or rights in real property for the
 preservation of open spaces and areas as a public purpose. Open space or
 open area is defined as any space or area characterized by: (1)  natural
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11156-02-9

 S. 6231--A                          2                         A. 7845--A
 
 scenic  beauty;  or  (2)  whose existing openness, natural condition, or
 present state of use, if retained, would enhance the present  or  poten-
 tial  value of abutting or surrounding urban development, or would main-
 tain  or  enhance  the  conservation  of  natural  or  scenic resources.
 Natural resources include but are  not  limited  to  agricultural  lands
 defined   as   open  lands  actually  used  in  bona  fide  agricultural
 production.
   The provisions of section 247 of the general municipal law relating to
 open space or area and the actual use of such lands in bona  fide  agri-
 cultural production have recently been the subject of a legal controver-
 sy with regard to the validity of local regulations that permit agricul-
 tural  uses,  buildings,  or  structures on agricultural lands protected
 pursuant to that section.
   In the case of Long Island Pine Barrens Society, Inc. v. Suffolk Coun-
 ty Legislature, 159 A.D.3d 805 (2d Dep't 2018), lv.  denied,  32  N.Y.3d
 910  (2018),  the  plaintiffs  alleged that where public funds have been
 used to acquire interests or rights in agricultural  lands,  such  lands
 must  remain open and undeveloped. It was further alleged that once such
 interests or rights are acquired on such lands by a  municipality,  they
 must  remain unchanged and no further development may occur. Finally, it
 was claimed that certain uses, as well as the erection  of  agricultural
 structures,  such  as barns, fencing, and irrigation systems constituted
 an illegal alienation of the government's interest in agricultural lands
 or a waste of public property.  The  appellate  division  of  the  state
 supreme  court  rejected these claims and declared the local regulations
 to be valid. Leave to appeal was denied by the state court of appeals.
   The legislature reaffirms that interests or rights acquired  in  agri-
 cultural  lands  pursuant to section 247 of the general municipal law do
 not prohibit or preclude the right to use agricultural lands  for  uses,
 buildings  and  structures  that are accessory to bona fide agricultural
 production. The legislature further affirms that municipalities  possess
 the  legal  authority  to  permit and regulate such uses, buildings, and
 structures on agricultural lands protected  pursuant  to  this  section.
 Such  uses,  buildings  or  structures permitted pursuant to local regu-
 lation do not constitute a waste of public property, nor do they consti-
 tute an alienation of any interests or rights  in  real  property.  Such
 uses,  buildings  or  structures are consistent with the preservation of
 open space and areas pursuant to section 247 of  the  general  municipal
 law.
   This  legislation further reaffirms the state's interest in the devel-
 opment of its agricultural lands for the production of food and agricul-
 tural products as set forth in the state constitution. It is the further
 intent of the legislature to  reaffirm  its  commitment  to  protecting,
 conserving  and  encouraging  the  development  and  improvement  of the
 state's agricultural lands. Agricultural lands in New York state are  in
 jeopardy of being lost for agricultural purposes due to deleterious side
 effects resulting from the extension of nonagricultural development into
 farm areas.
   The  socio-economic vitality of agriculture in this state is essential
 to the economic stability and growth of many local communities  and  the
 state  as  a  whole. Without the ability to engage in bona fide agricul-
 tural production, which includes the right to engage  in  uses  and  the
 right  to  erect  buildings  and  structures  accessory  to agricultural
 production, more agricultural lands will be lost and farming as a  vital
 component of the state's economy will be further threatened.

 S. 6231--A                          3                         A. 7845--A
 
   §  2.  Where interests or rights in real property for the preservation
 of agricultural lands have been acquired for the  preservation  of  open
 spaces  and  areas pursuant to section 247 of the general municipal law,
 permits may be granted by the county, city, town  or  village  acquiring
 said  interests  or rights to allow uses, buildings, and structures that
 are accessory to  the  use  of  the  land  for  bona  fide  agricultural
 production,  unless  such  use is expressly prohibited or limited by the
 instrument of conveyance executed pursuant to this section.
   § 3. The provisions of this law shall be applicable to  all  interests
 or rights in real property currently owned or hereafter acquired for the
 preservation of agricultural lands pursuant to section 247 of the gener-
 al municipal law.
   § 4. This act shall take effect immediately.