S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1889
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by  M.  of  A.  LUPARDO  --  Multi-Sponsored  by -- M. of A.
   BUTTENSCHON, HAWLEY, B. MILLER, J. 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.
                                                            LBD02878-01-1

              

 A. 1889                             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.