Assembly Bill A6444

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6444
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 10, 2023
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the real property law, in relation  to  prohibiting  the
   acquisition or transfer of agricultural land by foreign adversaries
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property law is amended by adding a new section 19
 to read as follows:
   § 19. FOREIGN ADVERSARY ACQUISITION OR TRANSFER OF AGRICULTURAL  LAND.
 1.  FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "AGRICULTURAL LAND" MEANS REAL ESTATE  USED  FOR  AN  AGRICULTURAL
 OPERATION IN THE STATE.
   (B)  "AGRICULTURAL  OPERATION" MEANS ANY OPERATION DEVOTED TO THE BONA
 FIDE PRODUCTION OF CROPS, ANIMALS, OR FOWL, INCLUDING THE PRODUCTION  OF
 FRUITS  AND  VEGETABLES  OF ANY KIND; MEAT, DAIRY, AND POULTRY PRODUCTS;
 NUTS, TOBACCO, NURSERY, AND FLORAL  PRODUCTS;  AND  THE  PRODUCTION  AND
 HARVEST OF PRODUCTS FROM SILVICULTURAL ACTIVITY;
   (C)  "CONTROLLING INTEREST" MEANS EITHER POSSESSION OF MORE THAN FIFTY
 PERCENT OF THE OWNERSHIP INTERESTS IN AN ENTITY OR A  PERCENTAGE  OWNER-
 SHIP  IN  AN  ENTITY  OF FIFTY PERCENT OR LESS IF SUCH OWNER DIRECTS THE
 BUSINESS AND AFFAIRS OF SUCH ENTITY WITHOUT THE REQUIREMENT  OR  CONSENT
 OF ANY OTHER PARTY;
   (D) "DEPARTMENT" MEANS THE DEPARTMENT OF AGRICULTURE AND MARKETS;
   (E)  "FOREIGN ADVERSARY" MEANS ANY FOREIGN GOVERNMENT OR NONGOVERNMENT
 PERSON DETERMINED BY THE UNITED STATES SECRETARY  OF  COMMERCE  TO  HAVE
 ENGAGED  IN  A LONG-TERM PATTERN OR SERIOUS INSTANCES OF CONDUCT SIGNIF-
 ICANTLY ADVERSE TO THE NATIONAL SECURITY OF THE  UNITED  STATES  OR  THE
 SECURITY AND SAFETY OF UNITED STATES PERSONS;
   (F)  "INTEREST"  MEANS ANY ESTATE, REMAINDER, OR REVERSION, OR PORTION
 OF THE ESTATE, REMAINDER, OR REVERSION, OR AN OPTION PURSUANT  TO  WHICH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09828-01-3
              

 A. 6444                             2
 
 ONE  PARTY HAS A RIGHT TO CAUSE LEGAL OR EQUITABLE TITLE TO AGRICULTURAL
 LAND TO BE TRANSFERRED.
   2.  (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ON AND AFTER JANU-
 ARY FIRST, TWO THOUSAND TWENTY-FOUR, NO FOREIGN ADVERSARY SHALL  ACQUIRE
 OR TRANSFER ANY INTEREST IN AGRICULTURAL LAND IN THE STATE OF NEW YORK.
   (B)  THIS  SECTION SHALL NOT APPLY TO (I) ANY INTEREST IN AGRICULTURAL
 LAND HELD BY A FOREIGN ADVERSARY PRIOR TO JANUARY  FIRST,  TWO  THOUSAND
 TWENTY-FOUR,  OR  (II)  ANY  FEDERALLY  RECOGNIZED  INDIAN  TRIBE OR ITS
 GOVERNMENT UNITS AND ENTERPRISES.
   (C) ANY TRANSFER OF AN INTEREST IN LAND IN VIOLATION OF  THIS  SECTION
 SHALL BE VOID.
   (D)  THIS  SECTION  SHALL NOT BE APPLIED IN A MANNER INCONSISTENT WITH
 ANY PROVISION OF ANY TREATY BETWEEN THE UNITED STATES AND ANOTHER  COUN-
 TRY.
   3.  (A)  BASED  ON THE REPORTS SUBMITTED TO IT PURSUANT TO THE FEDERAL
 AGRICULTURAL FOREIGN INVESTMENT DISCLOSURE ACT, 7 U.S.C. § 3501 ET SEQ.,
 AND OTHER INFORMATION THE DEPARTMENT, AT ITS DISCRETION, DEEMS APPROPRI-
 ATE, THE DEPARTMENT SHALL COMPILE AN ANNUAL REPORT IN CONSULTATION  WITH
 THE  APPROPRIATE  STATE  AGENCIES  AND  BOARDS  FOR  EACH  CALENDAR YEAR
 CONTAINING ALL OF THE FOLLOWING, IF AVAILABLE:
   (I) THE TOTAL AMOUNT OF AGRICULTURAL LAND THAT IS UNDER FOREIGN OWNER-
 SHIP;
   (II) THE PERCENTAGE CHANGE IN FOREIGN OWNERSHIP OF  AGRICULTURAL  LAND
 IN THE STATE FOR EACH YEAR OVER THE PRIOR TEN YEARS;
   (III)  THE  PURPOSE  FOR  WHICH FOREIGN-OWNED AGRICULTURAL LAND IN THE
 STATE IS BEING USED CURRENTLY. TO THE EXTENT SUCH INFORMATION IS  AVAIL-
 ABLE,  THE  DEPARTMENT SHALL ALSO INCLUDE ANY SIGNIFICANT RECENT CHANGES
 OR TRENDS IN THE USES OF FOREIGN-OWNED AGRICULTURAL LAND IN THE STATE;
   (IV) WITH THE  ASSISTANCE  OF  RELEVANT  STATE  AGENCIES,  INFORMATION
 REGARDING THE EXTENT OF, AND ANY RECENT CHANGES IN, FOREIGN OWNERSHIP OF
 ENERGY  PRODUCTION,  STORAGE, OR DISTRIBUTION FACILITIES IN THE STATE TO
 THE EXTENT SUCH INFORMATION IS AVAILABLE; AND
   (V) ANY LEGISLATIVE, REGULATORY, OR ADMINISTRATIVE POLICY CHANGES  THE
 DEPARTMENT RECOMMENDS IN LIGHT OF THE INFORMATION IN THIS REPORT.
   (B)  THE  DEPARTMENT  SHALL PUBLISH ITS INAUGURAL REPORT NO LATER THAN
 JULY FIRST, TWO THOUSAND TWENTY-FOUR AND EACH SUBSEQUENT REPORT NO LATER
 THAN JULY FIRST OF EACH YEAR. THE DEPARTMENT SHALL ALSO  DELIVER  COPIES
 OF  SUCH  REPORT  TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE
 AND THE SPEAKER OF THE ASSEMBLY.
   § 2. This act shall take effect immediately.