Assembly Bill A338

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    338
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of A. CRUZ, ZINERMAN, SIMON, KELLES, GONZALEZ-ROJAS,
   DeSTEFANO -- read once and referred to the Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation  to  estab-
   lishing the farm ownership succession planning program (FOSPP)

   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
 section 323-a to read as follows:
   §  323-A.  FARM  OWNERSHIP SUCCESSION PLANNING PROGRAM. 1. THE COMMIS-
 SIONER, IN CONJUNCTION WITH THE DEPARTMENT OF ECONOMIC  DEVELOPMENT  AND
 THE DEPARTMENT OF FINANCIAL SERVICES, SHALL ESTABLISH THE FARM OWNERSHIP
 SUCCESSION  PLANNING  PROGRAM  (HEREINAFTER REFERRED TO AS "THE FOSPP").
 SUCH PROGRAM SHALL BE ESTABLISHED BY AUGUST FIRST, TWO THOUSAND  TWENTY-
 SIX  AND  HOLD ITS FIRST FORUM NO LATER THAN OCTOBER FIRST, TWO THOUSAND
 TWENTY-SIX.
   2. THE FOSPP SHALL PROVIDE FARM  OWNERS  WITH  A  SUCCESSION  PLANNING
 TOOLKIT THAT CAN BE USED BY SUCH FARM OWNERS WHO ARE PLANNING ON SELLING
 OR  CLOSING  THEIR  FARM. SUCH TOOLKIT SHALL INCLUDE, BUT NOT BE LIMITED
 TO, THE FOLLOWING:
   (A) FINANCIAL RESOURCES AVAILABLE TO PROSPECTIVE FARMERS INTERESTED IN
 BUYING FARMS AND FARMLAND FOR THE PURPOSE OF FARMING;
   (B) AN ITEMIZED LIST OF ALL  FARMING  RELATED  EDUCATION  AND  SUPPORT
 PROGRAMS  IN PLACE AT PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER LEARNING
 IN THE STATE;
   (C) A LIST OF STATE SUPPORTED ECONOMIC DEVELOPMENT FUNDING FOR FARMING
 AND FOR SUSTAINING FARMING;
   (D) A LIST OF ORGANIZATIONS WITHIN THE STATE AND IN  ADJOINING  STATES
 THAT AUCTION AND SELL FARMING EQUIPMENT AND FARMING SUPPLIES;
   (E) A LIST OF ALL LABOR LAWS GOVERNING FARM LABOR; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01227-01-5
              

 A. 338                              2
 
   (F)  A  LIST OF INSURANCE AND FINANCIAL SERVICES REGULATIONS IMPACTING
 THE SALE AND PURCHASING OF FARMS AND FARMLAND.
   3.  THE FOSPP SHALL DEVELOP A SET OF STATEWIDE LIVE AND VIRTUAL FORUMS
 TO LINK AND EDUCATE FARMERS WHO  ARE  PLANNING  ON  SELLING  THEIR  FARM
 AND/OR  FARMLAND,  AND  FOR  PROSPECTIVE NEW FARMERS TO LEARN OF FARMING
 BUSINESS OPPORTUNITIES, THE OPPORTUNITIES FOR PURCHASING FARMS,  AND  ON
 THE  ESTABLISHED  RESOURCES  TO  ASSIST  IN SELLING AND BUYING FARMS AND
 FARMLAND FOR FOOD PRODUCTION. THE FOSPP  SHALL  INCLUDE  INFORMATION  ON
 OTHER  EXISTING FARMING COLLABORATIVES WITHIN THE STATE AND IN ADJOINING
 STATES.
   4. (A) THE FOSPP SHALL  PROVIDE  INFORMATION  REGARDING  THE  ECONOMIC
 VIABILITY  OF  FAMILY  FARMING AND COMMERCIAL FARMING, INCLUDING BUT NOT
 LIMITED TO, DATA ON FARM  BANKRUPTCIES,  FARMER  HELD  DEBT,  STATE  AND
 NATIONAL  TRENDS  IMPACTING THE FARMING SECTOR, AND A PROFILE OF THE NEW
 YORK STATE FARMING SECTOR IN SUB-SEGMENTS, INCLUDING BUT NOT LIMITED TO,
 DAIRY FARMING, VEGETABLE FARMING AND FRUIT FARMING.
   (B) THE COMMISSIONER, IN CONJUNCTION WITH THE DEPARTMENT  OF  ECONOMIC
 DEVELOPMENT,  SHALL  ESTABLISH  AN OUTREACH PLAN TO CHAMBERS OF COMMERCE
 THROUGHOUT THE STATE, INCLUDING CHAMBERS OF COMMERCE THAT REPRESENT  ALL
 SEGMENTS OF MINORITY BUSINESSES WITHIN THE STATE AND THE ADJACENT STATES
 OF NEW JERSEY, PENNSYLVANIA, CONNECTICUT AND MASSACHUSETTS, TO BE ADMIN-
 ISTERED  THROUGH  THE  DEPARTMENT OF ECONOMIC DEVELOPMENT. SUCH OUTREACH
 PLAN SHALL BE SUBMITTED TO THE GOVERNOR, THE LEGISLATURE AND  THE  CHIEF
 DIVERSITY  OFFICER  OF THE STATE OF NEW YORK NO LATER THAN AUGUST FIRST,
 TWO THOUSAND TWENTY-SIX.
   5. (A) THE COMMISSIONER, IN CONJUNCTION  WITH  THE  SUPERINTENDENT  OF
 FINANCIAL  SERVICES,  IS  AUTHORIZED TO ESTABLISH A DIVERSITY IN FARMING
 FARM OWNERSHIP SUCCESSION PLANNING  ADVISORY  TASK  FORCE  IN  ORDER  TO
 ASSIST  IN  ENSURING  THAT THE FOSPP IS REACHING PROSPECTIVE FARMERS AND
 FARMING ENTREPRENEURS WHO ARE  FROM  THE  LIST  OF  CURRENTLY  PROTECTED
 CLASSES IN THE STATE OF NEW YORK.
   (B)  THE  COMMISSIONER, OR THE DESIGNEE OF SUCH COMMISSIONER, SHALL BE
 THE CHAIRPERSON OF THE TASK FORCE. SUCH TASK FORCE SHALL CONSIST OF  TEN
 MEMBERS  AND SHALL INCLUDE MEMBERS OF THE ITEMIZED PROTECTED CLASSES WHO
 HAVE THE ABILITY TO HELP PROMOTE THE FOSPP WITHIN  COMMUNITIES  OF  SUCH
 PROTECTED  CLASSES. THE COMMISSIONER, THE COMMISSIONER OF THE DEPARTMENT
 OF ECONOMIC DEVELOPMENT AND THE  SUPERINTENDENT  OF  FINANCIAL  SERVICES
 SHALL  APPOINT ONE MEMBER EACH. SUCH TASK FORCE SHALL BE ESTABLISHED AND
 NAMED WITHIN ONE HUNDRED TWENTY DAYS  OF  THE  EFFECTIVE  DATE  OF  THIS
 SECTION.
   § 2. This act shall take effect immediately.