NY State Senate Bill 2021-S7653

Senate Bill S7653

2021-2022 Legislative Session

Lowers the qualification amounts of acreage and annual sales for the purposes of agricultural assessments

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 19, 2022	reported and committed to finance
Jan 05, 2022	referred to agriculture

Votes

- Jan 19, 2022 - Agriculture Committee Vote
  S7653
  
  8
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: Jan 19, 2022
      
      aye (8)
      
      Biaggi
      
      Borrello
      
      Brisport
      
      Comrie
      
      Hinchey
      
      Jordan
      
      May
      
      Ramos
      
      aye wr (1)
      
      Helming

co-Sponsors

2021-S7653 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§301 & 305, Ag & Mkts L
Versions Introduced in 2023-2024 Legislative Session:: S1154

2021-S7653 (ACTIVE) - Summary

Lowers the qualification amounts of acreage and annual sales for the purposes of agricultural assessments.

2021-S7653 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7653

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to lowering
the qualification amounts of acreage and annual sales for agricultural
assessments

 
PURPOSE OR GENERAL IDEA OF BILL:

To lower the qualification amounts of acreage and annual sales for the
purposes of agricultural assessments

 
SUMMARY OF PROVISIONS:

Section one amends the opening paragraph and paragraphs b, f, h, i , j,
k, and n of subdivision 4 of section 301 of the agriculture and markets
law to establish the various types of land used in agricultural
production.

Section two amends subdivisions 13 and 14 of section 301 of the agricul-

ture and markets to reduce the acreage and gross annual sales for all
commercial horse boarding operations and timber operations.

Section three amends subdivision 18 of section 301 of the agriculture
and markets law to reduce the acreage and gross annual sales for all
commercial equine operations.

Section four amends paragraphs e and f of subdivision 1 of section 305
of the agriculture and markets law to permit agricultural assessments
for eligible properties affected by natural disasters and adverse weath-
er conditions.

Section five states the effective date.

 
JUSTIFICATION:

The majority of New York's farm businesses are small, family-run oper-
ations, and data from 2017 shows that more than half of New York State's
farms earn annual gross sales of less than $10,000. The current program
in place is designed to help our farm businesses and yet, it only lowers
taxes on a small percentage of agricultural lands rather than reducing
them for the majority of which desperately need it. This bill will lower
the qualification amount for agricultural assessments to $5,000 and
lessen the acreage requirements from 7 to 5 acres to allow more farmers
to maintain ownership of their land and contribute to the local econo-
mies. For the future of our local food supply, it is vital to support
and expand the farm operations deemed eligible for these assessments in
order to protect and strengthen New York State's agricultural industry.

  
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

None.

 
EFFECTIVE DATE:

This act shall take effect immediately; provided, however, that the
amendments made pursuant to paragraph f of subdivision 1 of section 305
of the agriculture and markets law made by section four of this act
shall not affect the repeal of such paragraph and shall be deem repealed
therewith.

2021-S7653 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7653
 
                             I N  S E N A T E
 
                              January 5, 2022
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to lowering
   the qualification amounts of acreage and annual sales for agricultural
   assessments
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The opening paragraph and paragraphs b, f, h, i, j, k, l,
 and n of subdivision 4 of section 301 of  the  agriculture  and  markets
 law,  the  opening  paragraph  as  amended by chapter 344 of the laws of
 2012, paragraphs b and f as amended by chapter 445 of the laws of  2002,
 paragraph  h  as amended by chapter 587 of the laws of 2005, paragraph i
 as added by chapter 252 of the laws of 2004, paragraph  j  as  added  by
 chapter  256 of the laws of 2006, paragraph k as added by chapter 341 of
 the laws of 2008, paragraph l as added by chapter 384  of  the  laws  of
 2011,  and  paragraph n as added by chapter 192 of the laws of 2018, are
 amended to read as follows:
   "Land used in agricultural production" means  not  less  than  [seven]
 FIVE acres of land used as a single operation in the preceding two years
 for the production for sale of crops, livestock or livestock products of
 an average gross sales value of [ten] FIVE thousand dollars or more; or,
 not less than [seven] FIVE acres of land used in the preceding two years
 to  support a commercial horse boarding operation or a commercial equine
 operation with annual gross receipts of [ten] FIVE thousand  dollars  or
 more.  Land  used  in  agricultural production shall not include land or
 portions thereof used for processing or  retail  merchandising  of  such
 crops,  livestock  or  livestock  products.  Land  used  in agricultural
 production shall also include:
   b. Land of not less than [seven] FIVE acres used as a single operation
 for the production for sale of crops, livestock or  livestock  products,
 exclusive of woodland products, which does not independently satisfy the
 gross  sales  value  requirement,  where  such  land  was  used  in such
 production for the preceding two years and currently is  being  so  used
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13834-01-1

 S. 7653                             2
 
 under  a written rental arrangement of five or more years in conjunction
 with land which is eligible for an agricultural assessment.
   f. Land of not less than [seven] FIVE acres used as a single operation
 in  the  preceding two years for the production for sale of crops, live-
 stock or livestock products of an average gross  sales  value  of  [ten]
 FIVE  thousand  dollars or more, or land of less than [seven] FIVE acres
 used as a single operation in the preceding two years for the production
 for sale of crops, livestock or livestock products of an  average  gross
 sales value of fifty thousand dollars or more.
   h.  Land  that  is owned or rented by a farm operation in its first or
 second year of agricultural production, or, in the case of a  commercial
 horse  boarding operation in its first or second year of operation, that
 consists of (1) not less than [seven] FIVE acres used as a single opera-
 tion for the production  for  sale  of  crops,  livestock  or  livestock
 products  of  an annual gross sales value of [ten] FIVE thousand dollars
 or more; or (2) less than [seven] FIVE acres used as a single  operation
 for the production for sale of crops, livestock or livestock products of
 an  annual  gross  sales value of fifty thousand dollars or more; or (3)
 land situated under a structure within which crops, livestock  or  live-
 stock  products  are  produced,  provided  that such crops, livestock or
 livestock products have an annual gross sales value of  (i)  [ten]  FIVE
 thousand dollars or more, if the farm operation uses seven or more acres
 in  agricultural  production, or (ii) fifty thousand dollars or more, if
 the farm operation uses less than [seven]  FIVE  acres  in  agricultural
 production;  or  (4)  not  less than [seven] FIVE acres used as a single
 operation to support a commercial horse boarding operation  with  annual
 gross receipts of [ten] FIVE thousand dollars or more.
   i. Land of not less than [seven] FIVE acres used as a single operation
 for  the production for sale of orchard or vineyard crops when such land
 is used solely for the purpose of planting a new orchard or vineyard and
 when such land is also owned or rented by a newly established farm oper-
 ation in its  first,  second,  third  or  fourth  year  of  agricultural
 production.
   j. Land of not less than [seven] FIVE acres used as a single operation
 for  the  production  and sale of Christmas trees when such land is used
 solely for the purpose of planting Christmas trees  that  will  be  made
 available  for sale, whether dug for transplanting or cut from the stump
 and when such land is owned or rented by a newly established farm opera-
 tion in its first, second, third, fourth or fifth year  of  agricultural
 production.
   k. Land used to support an apiary products operation which is owned by
 the  operation  and consists of (i) not less than [seven] FIVE acres nor
 more than ten acres used as a single  operation  in  the  preceding  two
 years  for  the  production  for  sale  of crops, livestock or livestock
 products of an average gross sales value of [ten] FIVE thousand  dollars
 or  more or (ii) less than [seven] FIVE acres used as a single operation
 in the preceding two years for the production for sale of  crops,  live-
 stock  or  livestock  products  of an average gross sales value of fifty
 thousand dollars or more. The land used to support  an  apiary  products
 operation  shall include, but not be limited to, the land under a struc-
 ture within which apiary products are produced, harvested and stored for
 sale; and a buffer area maintained by the operation between  the  opera-
 tion  and  adjacent landowners.   Notwithstanding any other provision of
 this subdivision, rented land associated with an apiary products  opera-
 tion  is not eligible for an agricultural assessment based on this para-
 graph.
 S. 7653                             3
 
   l. Land that is owned or rented by a farm operation in  its  first  or
 second  year  of  agricultural production or in the case of a commercial
 equine operation, in  its  first  or  second  year  of  operation,  that
 consists  of  not less than [seven] FIVE acres and stabling at least ten
 horses,  regardless  of  ownership,  that  receives  [ten] FIVE thousand
 dollars or more in gross receipts annually from fees  generated  through
 the provision of commercial equine activities including, but not limited
 to  riding  lessons,  trail  riding  activities or training of horses or
 through the production for  sale  of  crops,  livestock,  and  livestock
 products, or through both the provision of such commercial equine activ-
 ities and such production. Under no circumstances shall this subdivision
 be  construed  to  include  operations whose primary on site function is
 horse racing.
   n. Land of not less than [seven] FIVE acres used as a single operation
 for the production for sale of hops when such land is  used  solely  for
 the  purpose  of planting a new hopyard and when such land is also owned
 or rented by a newly established farm operation in  its  first,  second,
 third or fourth year of agricultural production.
   §  2.  Subdivisions  13  and  14 of section 301 of the agriculture and
 markets law, subdivision 13 as amended by chapter 587  of  the  laws  of
 2005  and  subdivision 14 as amended by chapter 120 of the laws of 2010,
 are amended to read as follows:
   13. "Commercial horse boarding operation" means an agricultural enter-
 prise, consisting of at least [seven] FIVE acres and boarding  at  least
 ten  horses,  regardless of ownership, that receives [ten] FIVE thousand
 dollars or more in gross receipts annually from  fees  generated  either
 through  the  boarding  of  horses or through the production for sale of
 crops, livestock, and livestock products, or through both such  boarding
 and  such  production.  Under no circumstances shall this subdivision be
 construed to include operations whose primary on site function is  horse
 racing.  Notwithstanding  any  other  provision  of  this subdivision, a
 commercial horse boarding operation that is proposed or in its first  or
 second  year  of  operation  may qualify as a farm operation if it is an
 agricultural enterprise, consisting of at least [seven] FIVE acres,  and
 boarding at least ten horses, regardless of ownership, by the end of the
 first year of operation.
   14.  "Timber  operation"  means  the  on-farm  production, management,
 harvesting, processing and marketing of timber grown on the farm  opera-
 tion  into woodland products, including but not limited to logs, lumber,
 posts and firewood, provided that such farm  operation  consists  of  at
 least [seven] FIVE acres and produces for sale crops, livestock or live-
 stock  products  of  an  annual gross sales value of [ten] FIVE thousand
 dollars or more and that the annual gross sales value of such  processed
 woodland  products  does not exceed the annual gross sales value of such
 crops, livestock or livestock products.
   § 3. Subdivision 18 of section 301 of the agriculture and markets law,
 as added by  chapter 384 of the laws of 2011 and as renumbered by  chap-
 ter 35 of the laws of 2016, is amended to read as follows:
   18.  "Commercial  equine  operation" means an agricultural enterprise,
 consisting of at least [seven] FIVE acres  and  stabling  at  least  ten
 horses,  regardless  of  ownership,  that  receives  [ten] FIVE thousand
 dollars or more in gross receipts annually from fees  generated  through
 the provision of commercial equine activities including, but not limited
 to  riding  lessons,  trail  riding  activities or training of horses or
 through the production for  sale  of  crops,  livestock,  and  livestock
 products, or through both the provision of such commercial equine activ-
 S. 7653                             4
 
 ities and such production. Under no circumstances shall this subdivision
 be  construed  to  include  operations whose primary on site function is
 horse racing.  Notwithstanding any other provision of this  subdivision,
 an  agricultural  enterprise  that is proposed or in its first or second
 year of operation may qualify as a commercial  equine  operation  if  it
 consists of at least [seven] FIVE acres and stables at least ten horses,
 regardless of ownership, by the end of the first year of operation.
   §  4.  Paragraphs e and f of subdivision 1 of section 305 of the agri-
 culture and markets law, paragraph e as amended by chapter  385  of  the
 laws of 1994, as further amended by subdivision (d) of section 1 of part
 W  of  chapter 56 of the laws of 2010 and as relettered by chapter 35 of
 the laws of 2016, and subdivision f as added by chapter 220 of the  laws
 of 2020, are amended to read as follows:
   e.  Notwithstanding  any inconsistent general, special or local law to
 the contrary, if a natural disaster, act of God,  or  continued  adverse
 weather  conditions  shall  destroy the agricultural production and such
 fact is certified by the cooperative extension service and, as a result,
 such production does not produce an average gross sales value  of  [ten]
 FIVE thousand dollars or more, the owner may nevertheless qualify for an
 agricultural  assessment  provided  the owner shall substantiate in such
 manner as prescribed by the commissioner of taxation  and  finance  that
 the  agricultural  production initiated on such land would have produced
 an average gross sales value of [ten] FIVE thousand dollars or more  but
 for the natural disaster, act of God or continued adverse weather condi-
 tions.
   f.  Notwithstanding  any  other  provision of law to the contrary, the
 owner of real property which qualified for an agricultural assessment on
 the two thousand twenty -- two thousand twenty-one assessment  roll  and
 is  not producing an average annual gross sales value of at least either
 [ten] FIVE thousand dollars or more or fifty thousand dollars  or  more,
 as  such  value  would  normally be determined pursuant to section three
 hundred one of this article may nevertheless qualify for an agricultural
 assessment on the two thousand twenty-one  --  two  thousand  twenty-two
 assessment  roll  provided  the owner shall substantiate in such manner,
 including, but not limited to, analysis by  an  entity  with  recognized
 expertise in farm production and finances, such as cooperative extension
 or  a  farm  credit institution or federal farm agency, as prescribed by
 the  commissioner  of  taxation  and  finance  that   the   agricultural
 production  initiated on such land would have produced an average annual
 gross sales value of [ten] FIVE thousand dollars or more or fifty  thou-
 sand  dollars  or  more over the time period beginning on January first,
 two thousand nineteen and ending on December thirty-first, two  thousand
 twenty  but  for  the  effects  of the state disaster emergency declared
 pursuant to executive order number two hundred two of two thousand twen-
 ty.
   § 5. This act shall take effect immediately; provided,  however,  that
 the  amendments  made  to paragraph f of subdivision 1 of section 305 of
 the agriculture and markets law made by section four of this  act  shall
 not  affect  the  repeal  of such paragraph and shall be deemed repealed
 therewith.

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Senate Bill S7653

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Sponsored By

Michelle Hinchey