S T A T E O F N E W Y O R K
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5123
2023-2024 Regular Sessions
I N A S S E M B L Y
March 2, 2023
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to estab-
lishing the New York state youth in agriculture and entrepreneurship
summer employment program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The agriculture and markets law is amended by adding a new
article 29-A to read as follows:
ARTICLE 29-A
NEW YORK STATE YOUTH IN AGRICULTURE AND ENTREPRENEURSHIP SUMMER
EMPLOYMENT PROGRAM
SECTION 525. LEGISLATIVE INTENT AND FINDINGS.
526. DEFINITIONS.
527. NEW YORK STATE YOUTH IN AGRICULTURE AND ENTREPRENEURSHIP
SUMMER EMPLOYMENT PROGRAM.
528. COMMISSIONER'S POWER AND DUTIES.
§ 525. LEGISLATIVE INTENT AND FINDINGS. THE LEGISLATURE HEREBY FINDS
THAT DIVERSIFYING THE AGRICULTURAL INDUSTRY ADDRESSES ISSUES OF FOOD
INSECURITY AND FOOD ACCESS IN THE STATE. THE LEGISLATURE FURTHER FINDS
THAT THERE ARE CERTAIN CULTURALLY SIGNIFICANT FOODS IN THE STATE AND
SEEKS TO ENCOURAGE THE CONTINUANCE OF PRODUCTION OF SUCH FOODS AND TO
GENERATE AN INTEREST IN THE PRODUCTION OF SUCH FOODS BY FUTURE GENER-
ATIONS OF PERSONS WORKING IN AGRICULTURE. THE LEGISLATURE HEREBY ESTAB-
LISHES THE NEW YORK STATE YOUTH IN AGRICULTURE AND ENTREPRENEURSHIP
SUMMER EMPLOYMENT PROGRAM TO ALLOW STUDENTS THE OPPORTUNITY TO BE
EDUCATED ON THE AGRICULTURAL INDUSTRY AND ALTERNATIVE CAREER PATHS AND
TO ATTAIN ENTREPRENEURIAL EXPERIENCE. THE LEGISLATURE ALSO ESTABLISHES
THIS PROGRAM TO SUBSIDIZE YOUTH EMPLOYMENT FOR FARMS AND FARMERS'
MARKETS THAT COULD OTHERWISE PARTICIPATE IN THE PROGRAM IF THE WAGES
WERE NOT A HARDSHIP. IT IS THE INTENTION OF THE LEGISLATION THAT THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04207-01-3
A. 5123 2
NEW YORK STATE YOUTH IN AGRICULTURE AND ENTREPRENEURSHIP SUMMER EMPLOY-
MENT PROGRAM SERVES AS A STEPPING STONE FOR SUCH YOUTH IN CAREERS IN
AGRICULTURE AND ENTREPRENEURSHIP, AS WELL AS TO PROVIDE FARMERS MEANS TO
PARTICIPATE IN THE PROGRAM.
§ 526. DEFINITIONS. AS USED IN THIS SECTION:
1. "MINORITY OR SOCIALLY DISADVANTAGED" MEANS A GROUP WHOSE MEMBERS
HAVE BEEN SUBJECTED TO RACIAL, ETHNIC, OR GENDER PREJUDICE BECAUSE OF
THEIR IDENTITY AS MEMBERS OF A GROUP WITHOUT REGARD TO THEIR INDIVIDUAL
QUALITIES OR CITIZENSHIP STATUS. THESE GROUPS INCLUDE, BUT ARE NOT
LIMITED TO, THE FOLLOWING:
(A) AFRICAN AMERICANS;
(B) NATIVE INDIANS;
(C) ALASKAN NATIVES;
(D) HISPANICS;
(E) ASIAN AMERICANS; AND,
(F) NATIVE HAWAIIANS AND PACIFIC ISLANDERS.
2. "LOW INCOME OR ECONOMICALLY DISADVANTAGED" MEANS HAVING A FAMILY
INCOME THAT DOES NOT EXCEED ONE HUNDRED FIFTY PERCENT OF THE FEDERAL
POVERTY LEVEL, INCLUDING BEING A CHILD OF A WORKING MIGRATORY FAMILY OR
AN AGRICULTURAL WORKER WHO IS EMPLOYED BY MORE THAN ONE AGRICULTURAL
EMPLOYER DURING THE COURSE OF A YEAR AND WHOSE INCOME VARIES ACCORDING
TO WEATHER CONDITIONS AND MARKET STABILITY.
3. "QUALIFYING BUSINESS" MEANS A FARMERS MARKET, MOBILE MARKET, COMMU-
NITY SUPPORTED AGRICULTURE, COOPERATIVE, OR ANY OTHER TYPE OF BUSINESS
STRUCTURE THAT PROVIDES NEW YORK GROWN AND RAISED FOODS DIRECTLY TO
CONSUMERS AS APPROVED BY THE COMMISSIONER.
4. "QUALIFYING FARM" MEANS A SMALL TO MEDIUM-SIZED FARM OR URBAN FARM
PARTICIPATING IN A QUALIFYING BUSINESS.
5. "AGRICULTURAL WORK" MEANS WORK PERFORMED MAINTAINING CROPS OR TEND-
ING LIVESTOCK.
6. "ENTREPRENEURSHIP WORK EXPERIENCE" MEANS EXPERIENCE THAT AIMS TO
DEVELOP SKILLS DEEMED NECESSARY TO SUCCEED IN THE DESIGN, LAUNCH AND
RUNNING OF A NEW BUSINESS.
7. "SUBSIDIZED EMPLOYMENT" MEANS ANY EMPLOYMENT THROUGH THE NEW YORK
STATE YOUTH IN AGRICULTURE AND ENTREPRENEURSHIP SUMMER EMPLOYMENT
PROGRAM FOR WHICH ANY COSTS ASSOCIATED WITH PARTICIPATION IN THE
PROGRAM, INCLUDING WAGES AND TRANSPORTATION, ARE PAID BY THE STATE OR BY
THE FEDERAL GOVERNMENT.
§ 527. NEW YORK STATE YOUTH IN AGRICULTURE AND ENTREPRENEURSHIP SUMMER
EMPLOYMENT PROGRAM. 1. THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT THE
NEW YORK STATE YOUTH IN AGRICULTURE AND ENTREPRENEURSHIP SUMMER EMPLOY-
MENT PROGRAM TO PROVIDE STUDENTS WITH THE OPPORTUNITY TO BE EDUCATED ON
THE AGRICULTURAL INDUSTRY AND ALTERNATIVE CAREER PATHS AND TO PROVIDE
AGRICULTURAL WORK EXPERIENCE AND ENTREPRENEURSHIP WORK EXPERIENCE.
2. THE COMMISSIONER SHALL ESTABLISH APPLICATION CRITERIA THAT REQUIRE
QUALIFYING BUSINESSES AND QUALIFYING FARMS TO PROVIDE UNSUBSIDIZED OR
SUBSIDIZED EMPLOYMENT AS FOLLOWS:
(A) UNSUBSIDIZED EMPLOYMENT:
(I) DEMONSTRATE THAT SUCH BUSINESS OR FARM CAN PROVIDE STUDENTS WITH
BOTH AGRICULTURAL WORK EXPERIENCE AND ENTREPRENEURSHIP WORK EXPERIENCE;
(II) PAY WAGES TO ELIGIBLE STUDENTS IN AN AMOUNT THAT IS ABOVE MINIMUM
WAGE;
(III) PROVIDE TRANSPORTATION TO AND FROM THE QUALIFYING BUSINESS OR
QUALIFYING FARM OR TO PROVIDE TRANSPORTATION COMPENSATION TO THE ELIGI-
BLE STUDENT; AND
A. 5123 3
(IV) PROVIDE ELIGIBLE STUDENTS WITH A MINIMUM OF SIXTEEN HOURS AND A
MAXIMUM OF NO MORE THAN FORTY HOURS OF WORK PER WEEK.
(B) SUBSIDIZED EMPLOYMENT:
(I) DEMONSTRATE THAT SUCH BUSINESS OR FARM CAN PROVIDE STUDENTS WITH
BOTH AGRICULTURAL WORK EXPERIENCE AND ENTREPRENEURSHIP WORK EXPERIENCE;
(II) ESTABLISH A HARDSHIP TO PAY WAGES TO ELIGIBLE STUDENTS IN AN
AMOUNT THAT IS ABOVE MINIMUM WAGE;
(III) DEMONSTRATE A HARDSHIP TO PROVIDE TRANSPORTATION TO AND FROM
THE QUALIFYING BUSINESS OR QUALIFYING FARM OR A HARDSHIP TO PROVIDE
TRANSPORTATION COMPENSATION TO THE ELIGIBLE STUDENT; AND
(IV) PROVIDE ELIGIBLE STUDENTS WITH A MINIMUM OF SIXTEEN HOURS AND A
MAXIMUM OF NO MORE THAN FORTY HOURS OF WORK PER WEEK.
§ 528. COMMISSIONER'S POWERS AND DUTIES. THE COMMISSIONER SHALL HAVE
THE FOLLOWING POWERS AND DUTIES WITH REGARDS TO THE NEW YORK STATE YOUTH
IN AGRICULTURE AND ENTREPRENEURSHIP SUMMER EMPLOYMENT PROGRAM:
1. TO PROMULGATE GRANTS AS NECESSARY TO ACHIEVE THE LEGISLATIVE INTENT
OF THIS PROGRAM AS SET FORTH IN THIS ARTICLE.
2. TO APPLY FOR FEDERAL GRANTS TO HELP FUND THE PROGRAM.
3. IN CONSULTATION AND COOPERATION WITH THE COMMISSIONER OF SOCIAL
SERVICES, THE COMMISSIONER OF EDUCATION, AND THE PRESIDENT OF THE HIGHER
EDUCATION SERVICES CORPORATION, TO PERFORM OUTREACH TO ENSURE THE
PROGRAM IS KNOWN AND AVAILABLE TO STUDENTS WHO ARE SOCIALLY DISADVAN-
TAGED OR ECONOMICALLY DISADVANTAGED.
4. TO ESTABLISH A WEBSITE FOR THE PROGRAM WHICH INCLUDES A PORTAL
WHERE STUDENTS MAY APPLY FOR JOBS AND WHERE QUALIFYING BUSINESSES AND
QUALIFYING FARMS MAY CONNECT AND WHICH PROVIDES PROMOTIONAL MATERIALS
ABOUT THE PROGRAM IN A PDF FORMAT THAT IS EASILY ACCESSIBLE AND PRINT-
ABLE BY ORGANIZATIONS AND THE GENERAL PUBLIC.
5. TO INCLUDE ANNUAL OUTREACH CAMPAIGNS THAT START AT LEAST THREE
MONTHS PRIOR TO THE DATE WHEN APPLICATIONS FOR THE SUMMER PROGRAM ARE
FIRST ABLE TO BE SUBMITTED. SUCH CAMPAIGNS SHALL INCLUDE OUTREACH TO
SCHOOLS, NON-PROFIT ORGANIZATIONS, QUALIFYING BUSINESSES AND QUALIFYING
FARMS. SUCH OUTREACH SHALL BE PERFORMED IN A VARIETY OF METHODS, INCLUD-
ING A SOCIAL MEDIA CAMPAIGN.
6. TO CREATE AN INFORMATIONAL PACKET FOR STUDENTS ON AGRICULTURAL
OPPORTUNITIES IN HIGHER EDUCATION INCLUDING, BUT NOT LIMITED TO, INFOR-
MATION ON THE AVAILABILITY OF SCHOLARSHIPS, STUDENT LOAN FORGIVENESS,
AND GOVERNMENT ASSISTANCE TO CREATE AND ESTABLISH FARMS.
7. TO ESTABLISH A SUBSIDIZED EMPLOYMENT PROGRAM FOR QUALIFYING FARMS
AND QUALIFYING BUSINESSES THAT COULD OTHERWISE PARTICIPATE IN THE
PROGRAM IF PAYING WAGES WERE NOT A HARDSHIP.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.