Assembly Bill A9105

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9105
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 26, 2025
                                ___________
 
 Introduced by M. of A. KAY -- read once and referred to the Committee on
   Agriculture
 
 AN  ACT  to  amend  the agriculture and markets law, in relation to land
   used in agricultural production
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 4 of section 301 of the agriculture and markets
 law is amended by adding two new paragraphs p and q to read as follows:
   P.  LAND THAT IS OWNED OR RENTED AS A FARM OPERATION FOR THE PRECEDING
 TWO YEARS FOR THE PRODUCTION FOR SALE OF CROPS, LIVESTOCK  OR  LIVESTOCK
 PRODUCTS,  THAT  CONSISTS OF (1) NOT LESS THAN SEVEN ACRES AND AN ANNUAL
 GROSS SALES VALUE OF FIVE THOUSAND DOLLARS OR MORE;  OR  (2)  LESS  THAN
 SEVEN  ACRES  AND  AN  ANNUAL  GROSS SALES VALUE OF THIRTY-FIVE THOUSAND
 DOLLARS OR MORE. SUCH FARM OPERATION SHALL ALSO  BE  ABLE  TO  ESTABLISH
 THAT  THE  FARM  OPERATION  WILL MEET THE GROSS SALES VALUE REQUIREMENTS
 DESCRIBED IN PARAGRAPH F OF  THIS  SUBDIVISION  WITHIN  THREE  YEARS  OF
 ATTAINING  AN  AGRICULTURAL ASSESSMENT. THE COMMISSIONER OR THE ADVISORY
 BOARD ESTABLISHED PURSUANT TO SECTION THREE HUNDRED NINE-A OF THIS ARTI-
 CLE SHALL CREATE A SET OF METRICS AND CONSIDERATIONS USED  BY  ASSESSORS
 TO DETERMINE WHETHER THE FARM OPERATION WILL MEET SUCH GROSS SALES VALUE
 REQUIREMENT  WITHIN  THREE  YEARS.  ASSESSORS SHALL USE SUCH METRICS AND
 CONSIDERATIONS AND SHALL GIVE SPECIAL CONSIDERATION TO  FARM  OPERATIONS
 THAT  WERE AWARDED ANY STATE OR FEDERAL GRANTS, IN PARTICULAR GRANTS FOR
 BEGINNING FARMERS AND GRANTS FOR ECONOMICALLY AND SOCIALLY DISADVANTAGED
 FARMERS. THE COMMISSIONER OR THE ADVISORY BOARD ESTABLISHED PURSUANT  TO
 SECTION  THREE  HUNDRED  NINE-A  OF  THIS ARTICLE SHALL MONITOR THE FARM
 OPERATION'S PROGRESS, AS WELL AS CONNECT TO RESOURCES TO ENSURE THE FARM
 OPERATION MEETS THE GROSS SALES VALUE REQUIREMENT WITHIN THE TIME ALLOT-
 TED. LAND THAT RECEIVES AN AGRICULTURAL ASSESSMENT AND IS UNABLE TO MEET
 THE REQUIRED GROSS SALES VALUE WITHIN THREE YEARS AS DESCRIBED  IN  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01742-01-5
 A. 9105                             2
              

 
 PARAGRAPH  SHALL  NO  LONGER BE CONSIDERED LAND   USED   IN AGRICULTURAL
 PRODUCTION PURSUANT TO THIS SUBDIVISION.
   Q.  LAND  OF  NOT  LESS  THAN SEVEN ACRES THAT IS OWNED OR RENTED BY A
 NEWLY ESTABLISHED FARM OPERATION FOR THE PRODUCTION FOR SALE  OF  CROPS,
 LIVESTOCK  OR LIVESTOCK PRODUCTS IN ITS FIRST OR SECOND YEAR OF AGRICUL-
 TURAL PRODUCTION, WHICH DOES NOT INDEPENDENTLY SATISFY THE  GROSS  SALES
 VALUE  REQUIREMENT,  BUT IS ABLE TO ESTABLISH THAT THE FARMING OPERATION
 WILL MEET THE GROSS SALES VALUE REQUIREMENTS DESCRIBED IN PARAGRAPH F OF
 THIS SUBDIVISION WITHIN FIVE YEARS OF ATTAINING AN AGRICULTURAL  ASSESS-
 MENT.  THE  COMMISSIONER  OR  THE ADVISORY BOARD ESTABLISHED PURSUANT TO
 SECTION THREE HUNDRED NINE-A OF THIS  ARTICLE  SHALL  CREATE  A  SET  OF
 METRICS  AND  CONSIDERATIONS  USED BY ASSESSORS TO DETERMINE WHETHER THE
 FARM OPERATION WILL MEET SUCH GROSS SALES VALUE REQUIREMENT WITHIN  FIVE
 YEARS.  ASSESSORS  SHALL  USE  SUCH METRICS AND CONSIDERATIONS AND SHALL
 GIVE SPECIAL CONSIDERATION TO FARM  OPERATIONS  THAT  WERE  AWARDED  ANY
 STATE  OR FEDERAL GRANTS, IN PARTICULAR GRANTS FOR BEGINNING FARMERS AND
 GRANTS FOR ECONOMICALLY AND SOCIALLY DISADVANTAGED FARMERS. THE  COMMIS-
 SIONER  OR  THE  ADVISORY  BOARD  ESTABLISHED  PURSUANT TO SECTION THREE
 HUNDRED NINE-A OF  THIS  ARTICLE  SHALL  MONITOR  THE  FARM  OPERATION'S
 PROGRESS  AS  WELL  AS CONNECT TO RESOURCES TO ENSURE THE FARM OPERATION
 MEETS THE GROSS SALES VALUE REQUIREMENT WITHIN THE TIME  ALLOTTED.  LAND
 THAT  RECEIVES  AN  AGRICULTURAL  ASSESSMENT  AND  IS UNABLE TO MEET THE
 REQUIRED GROSS SALES VALUE IN FIVE YEARS AS DESCRIBED IN THIS  PARAGRAPH
 SHALL  NO  LONGER  BE  CONSIDERED  LAND  USED IN AGRICULTURAL PRODUCTION
 PURSUANT TO THIS SUBDIVISION.
   § 2. This act shall take effect one year after it shall have become  a
 law and shall apply to assessment rolls prepared on the basis of a taxa-
 ble  status date occurring on or after such date. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.