Senate Bill S8707

2025-2026 Legislative Session

Establishes farm security resiliency grant awards for farm employers who have suffered eligible losses as a result of eligible weather conditions or events

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Current Bill Status - In Senate Committee Agriculture 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 07, 2026	referred to agriculture

2025-S8707 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add Art 26-C §§440 - 445, Ag & Mkts L

2025-S8707 (ACTIVE) - Summary

Establishes farm security resiliency grant awards for farm employers who have suffered eligible losses as a result of eligible weather conditions or events; establishes the farm security resiliency grant awards board to make recommendations to the commissioner of agriculture and markets regarding applications for farm security resiliency grant awards.

2025-S8707 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8707

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to estab-
lishing farm security resiliency grant awards for farm employers who
have suffered eligible losses as a result of eligible weather conditions
or events

 
PURPOSE:

To support New York farmers facing financial losses caused by extreme
weather events.

 
SUMMARY OF PROVISIONS:

Section one creates a new article 26-D of the agriculture and markets
law establishing farm security resiliency grant awards in new sections
440 through 445.

Section 440 defines terms including the program's eligible weather

conditions, eligible losses, and definition of farm employers.

Section 441 establishes the farm security resilience grants board, for
purposes of making recommendations to the commissioner of agriculture
regarding grant awards authorized by this article. This section further
lays out the structure of the board including membership terms and
appointment rules.

Section 442 establishes powers and duties of the board. This section
authorizes the board to review applications for grants under this
program and recommend to the commissioner, by majority vote, whether an
applicant should receive an award. This section permits the board to
recommend modifications of amounts requested by an applicant.

Section 443 describes the application process, including:

Subdivision 1 directs the commissioner to develop an application form
requiring information including descriptions and cost estimates of
eligible losses, documentation of other funds already sought or to be
sought such as insurance, and proof of farm income and expenses.

Subdivision 2 states that applications may be made at any time and are
to be processed in the order received, and that that applications shall
be accepted until all appropriated funding for a given year has been
awarded.

Subdivision 3 states that applications shall be made to the commission-
er, to be reviewed by the board as soon as possible once deemed adminis-
tratively complete.

Section 444 describes the awarding of grants, including:

Directing the commissioner to make timely determinations regarding
approval, disapproval, or modification of awards, within thirty calendar
days of receiving a recommendation from the board;


Permitting the commissioner to modify the amount of the award from the
amount requested by the applicant; and

Stating that awards under this section shall cover up to 50% of unin-
sured or otherwise uncovered eligible losses, to a maximum award of
$150,000 per applicant per year.

Section 445 requires annual reporting to the legislature and the gover-
nor on the amount of awards granted in a given calendar year.

Section 2 is the effective date.

 
JUSTIFICATION:

Despite their critical role in our food supply and economy, farms are
some of the most precarious businesses on a day to day basis. Unlike
other producers, farmers have little to no control over their own pric-
es, and are regularly at the mercy of droughts, floods, and other
extreme weather events. For example in 2023, a late May deep freeze
destroyed thousands of acres of New York apple and grape crops.
Increasingly unstable weather from the climate crisis has worsened the
risk, with hurricanes and tropical storms recently causing flooding in
areas previously unaffected by this kind of weather.  These weather
events can both cut into farmers' revenue from sales, and create new
costs for replacing equipment, buildings, and livestock.

For this reason, farmers have historically tried to participate in crop
insurance programs, which are federally subsidized supports intended to
mitigate adverse events such as extreme weather, insects, plant
diseases, or price shocks. Unfortunately there is a significant gap in
crop insurance. While most US farmland by acreage has some form of
insurance, this primarily reflects the scale of large midwestern farms.
According to the National Sustainable Agriculture Coalition, small and
medium farms typically do not have crop insurance because most policies
are designed for large, single-crop operations; agents typically do not
sell to small farms since tailored policies are not worth writing for
smaller premiums; and beginning farmers lack the production history
requirements. Under 30% of farms under 500 acres have crop insurance,
compared to 74% of those over 500. 1

New York is a major agricultural producer, but typically through small-
er, often multi-crop family farms. For example, according to 2022 USDA
data, only 9% of New York farms were over 500 acres compared to 35% in
Nebraska. 2 Because of the structure of our agricultural economy many
multi-crop, smaller, and family farms just 11% of New York farms have
crop insurance compared to over 50% in "big Ag" states like the Dakotas.

New York invests significant funding in addressing clifnate threats
through mitigation efforts and targeted agricultural research.  However,
there is no direct State funding support to address the associated costs
borne by farmers. For example, in both 2024 and 2025, the Governor
requested federal disaster declarations in response to extreme winter
weather across dozens of upstate counties in order to unlock federal
emergency loans to cover livestock and equipment losses and barn and
building damage.

While efforts like this are helpful, it has become increasingly clear
that New York cannot rely on the federal government to provide emergency
assistance for agricultural losses. Nor, given our reliance on small,
family farms, has the crop insurance system proven sufficient. Therefore
this bill provides a model for State support, through claims determi-
nations by the Department of Agriculture and Markets on recommendation
of a board of farmers, to respond to the increasingly damaging and
destabilizing weather events that threaten our farmers.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.
1 Uninsured: Federal Crop Insurance Program Leaves Most Farms Unpro-
tected - National Sustainable Agriculture Coalition
2 2022 State and County Profiles 2022 Census of Agriculture USDA/NASS

2025-S8707 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8707
 
                             I N  S E N A T E
 
                              January 7, 2026
                                ___________
 
 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  estab-
   lishing  farm  security resiliency grant awards for farm employers who
   have suffered eligible losses as a result of eligible  weather  condi-
   tions or events

   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 26-D to read as follows:
                               ARTICLE 26-D
                   FARM SECURITY RESILIENCY GRANT AWARDS
 SECTION 440. DEFINITIONS.
         441. FARM SECURITY RESILIENCY GRANT AWARDS BOARD.
         442. POWERS AND DUTIES OF THE BOARD.
         443. APPLICATION PROCESS.
         444. GRANT AWARDS.
         445. REPORTING.
   §  440. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "FARM SECURITY RESILIENCY GRANT AWARD  BOARD",  OR  "BOARD",  SHALL
 MEAN THE FARM SECURITY RESILIENCY GRANT AWARD BOARD ESTABLISHED PURSUANT
 TO SECTION FOUR HUNDRED FORTY-ONE OF THIS ARTICLE.
   2. "ELIGIBLE WEATHER CONDITION" SHALL MEAN ANY OF THE FOLLOWING WEATH-
 ER CONDITIONS:
   (A) HIGH WINDS;
   (B)  EXCESSIVE MOISTURE OR PRECIPITATION, INCLUDING HAIL, FLOODING, OR
 EXCESSIVE SNOWFALL;
   (C) PROLONGED LACK OF PRECIPITATION, INCLUDING DROUGHT;
   (D) EXTREME TEMPERATURES INCLUDING HEAT OR FREEZE CONDITIONS;
   (E) WIDESPREAD FIRE; OR
   (F) ANY OTHER SEVERE WEATHER OR GROWING CONDITION  DETERMINED  BY  THE
 BOARD TO SUBSTANTIALLY IMPACT AGRICULTURAL INCOME.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14055-01-5

 S. 8707                             2
 
   3.  "ELIGIBLE  LOSSES"  SHALL  MEAN INCOME LOST OR COSTS INCURRED AS A
 RESULT OF ELIGIBLE WEATHER CONDITIONS, INCLUDING:
   (A) LOST WAGES OR OTHER COMPENSATION;
   (B) LOST INCOME FROM DESTROYED CROPS, LIVESTOCK, OR OTHER AGRICULTURAL
 PRODUCTS;
   (C) DEBT PAYMENT OR OTHER ONGOING COSTS;
   (D) COSTS OF REPLANTING;
   (E) COSTS OF REPLACING LIVESTOCK FEED;
   (F) INFRASTRUCTURE OR EQUIPMENT REPAIR OR REPLACEMENT COSTS;
   (G) FARM ROAD OR ACCESS ROAD REPAIR COSTS;
   (H)  OTHER  LOSSES  AS  DETERMINED BY THE COMMISSIONER IN CONSULTATION
 WITH THE REVIEW BOARD.
   4. "FARM EMPLOYER" SHALL MEAN A CORPORATION, INCLUDING A  NEW  YORK  S
 CORPORATION,  A  SOLE  PROPRIETORSHIP, A LIMITED LIABILITY COMPANY, OR A
 PARTNERSHIP WHOSE PRINCIPAL BUSINESS IS FARMING ACTIVITY.
   § 441. FARM SECURITY RESILIENCY GRANT AWARDS BOARD. 1. THERE SHALL  BE
 ESTABLISHED  WITHIN  THE  DEPARTMENT  THE FARM SECURITY RESILIENCY GRANT
 AWARDS BOARD FOR PURPOSES OF MAKING RECOMMENDATIONS TO THE  COMMISSIONER
 FOR  GRANT  AWARDS  PURSUANT  TO SECTION FOUR HUNDRED FORTY-FOUR OF THIS
 ARTICLE.
   2. THE BOARD SHALL CONSIST OF SEVEN MEMBERS SELECTED FOR THEIR EXPERI-
 ENCE  AND  EXPERTISE  RELATED  TO  AREAS  OF  BOARD  RESPONSIBILITY  AND
 COMPRISED OF DIVERSE MEMBERS OF THE AGRICULTURE INDUSTRY, INCLUDING:
   (A) THE COMMISSIONER OR THE COMMISSIONER'S DESIGNEE;
   (B) THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGEN-
 CY SERVICES OR SUCH COMMISSIONER'S DESIGNEE;
   (C)  THREE  REPRESENTATIVES  OF AGRICULTURAL ORGANIZATIONS WITH DEMON-
 STRATED EXPERIENCE OFFERING  TECHNICAL  ASSISTANCE  TO  OR  ADVOCACY  ON
 BEHALF OF FARMERS, TO BE APPOINTED BY THE COMMISSIONER; AND
   (D) TWO CURRENT FARMERS, TO BE APPOINTED BY THE COMMISSIONER.
   3.  THE  TERMS OF OFFICE OF MEMBERS OF THE BOARD SHALL BE THREE YEARS.
 MEMBERS OF THE BOARD MAY BE REAPPOINTED  FOR  ADDITIONAL  TERMS  BY  THE
 COMMISSIONER.  VACANCIES  SHALL  BE  FILLED  BY THE COMMISSIONER FOR THE
 REMAINDER OF THE UNEXPIRED TERM AND MAY BE  REAPPOINTED  FOR  ADDITIONAL
 TERMS BY THE COMMISSIONER.
   4.  A  MAJORITY  OF  APPOINTED MEMBERS OF THE BOARD SHALL CONSTITUTE A
 QUORUM.
   5. THE BOARD SHALL MEET AT LEAST QUARTERLY AND MAY  MEET  ADDITIONALLY
 UPON REQUEST OF THE COMMISSIONER.
   §  442.  POWERS AND DUTIES OF THE BOARD. 1. THE BOARD SHALL REVIEW ALL
 ADMINISTRATIVELY COMPLETE APPLICATIONS FOR  GRANTS  UNDER  THIS  PROGRAM
 RECEIVED  FROM THE COMMISSIONER AT THE FIRST BOARD MEETING FOLLOWING THE
 BOARD'S RECEIPT OF SUCH APPLICATIONS.
   2. THE BOARD SHALL RECOMMEND TO THE COMMISSIONER,  BY  MAJORITY  VOTE,
 WHETHER AN APPLICANT SHOULD RECEIVE A GRANT AWARD PURSUANT TO THIS ARTI-
 CLE.
   3.  THE  BOARD MAY RECOMMEND TO THE COMMISSIONER A MODIFIED AMOUNT FOR
 AN AWARD REQUESTED BY AN APPLICANT.
   § 443. APPLICATION PROCESS.  1.  THE  COMMISSIONER  SHALL  DEVELOP  AN
 APPLICATION  FORM  AND  PROCESS  FOR FARM EMPLOYERS TO SEEK GRANT AWARDS
 UNDER THIS ARTICLE. THE APPLICATION  FORM  DEVELOPED  PURSUANT  TO  THIS
 SUBDIVISION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMA-
 TION:
   (A) A DESCRIPTION OF THE DAMAGE THAT OCCURRED;
   (B)  AN  ATTESTATION  THAT  AN  ELIGIBLE  WEATHER  CONDITION  OR EVENT
 OCCURRED;
 S. 8707                             3

   (C)  AN  ESTIMATE  OF  ELIGIBLE  LOSSES,  INCLUDING  DOCUMENTATION  AS
 REQUIRED BY THE COMMISSIONER;
   (D)  A  YEAR-END REPORT OF FARM INCOME AND EXPENSES FROM SCHEDULE F OF
 UNITED STATES INTERNAL REVENUE FORM 1040 FOR THE PREVIOUS CALENDAR YEAR;
 AND
   (E) DOCUMENTATION OF ANY OTHER FUNDS SOUGHT OR ACQUIRED RELATED TO THE
 ELIGIBLE WEATHER CONDITION OR ELIGIBLE LOSSES, SUCH AS INSURANCE.
   2. AN APPLICATION FOR A GRANT AWARD UNDER THIS ARTICLE MAY BE MADE  AT
 ANY  TIME  AND  SHALL  BE  PROCESSED  IN  THE ORDER SUCH APPLICATION WAS
 RECEIVED. APPLICATIONS SHALL BE ACCEPTED UNTIL  ALL  APPROPRIATED  FUNDS
 FOR  GRANT  AWARDS  PURSUANT  TO  THIS ARTICLE HAVE BEEN AWARDED FOR THE
 APPLICABLE YEAR.
   3. AN APPLICATION FOR A GRANT AWARD UNDER THIS ARTICLE SHALL  BE  MADE
 TO  THE COMMISSIONER. THE COMMISSIONER SHALL PROVIDE SUCH APPLICATION TO
 THE BOARD FOR REVIEW PURSUANT TO SECTION FOUR HUNDRED FORTY-TWO OF  THIS
 ARTICLE  AS SOON AS POSSIBLE UPON DETERMINATION THAT SUCH APPLICATION IS
 ADMINISTRATIVELY COMPLETE.
   § 444. GRANT AWARDS. 1. UPON RECEIPT  OF  A  RECOMMENDATION  FROM  THE
 BOARD  PURSUANT  TO  SECTION FOUR HUNDRED FORTY-TWO OF THIS ARTICLE, THE
 COMMISSIONER SHALL MAKE A DETERMINATION REGARDING THE  APPROVAL,  DISAP-
 PROVAL,  OR MODIFICATION OF A GRANT AWARD WITHIN THIRTY CALENDAR DAYS OF
 SUCH BOARD APPROVAL.
   2. IN MAKING SUCH DETERMINATIONS,  THE  COMMISSIONER  MAY  MODIFY  THE
 AMOUNT OF THE GRANT AWARD FROM THE AMOUNT REQUESTED.
   3.  WITHIN  THE  AMOUNT  OF  MONIES APPROPRIATED FOR SUCH PURPOSE, THE
 COMMISSIONER SHALL AWARD GRANTS TO FARM  EMPLOYERS  THAT  HAVE  INCURRED
 SUBSTANTIAL  FINANCIAL  LOSSES  OR  SUBSTANTIAL  INCREASED EXPENSES AS A
 RESULT OF ELIGIBLE WEATHER CONDITIONS.
   4. GRANTS AWARDED PURSUANT TO THIS  SECTION  SHALL  REIMBURSE  A  FARM
 EMPLOYER  FOR  UP  TO  FIFTY PERCENT OF UNINSURED OR OTHERWISE UNCOVERED
 ELIGIBLE LOSSES DUE TO ELIGIBLE WEATHER CONDITIONS UP TO A MAXIMUM AWARD
 OF ONE HUNDRED FIFTY THOUSAND DOLLARS PER APPLICANT PER YEAR.
   5. GRANTS AWARDED PURSUANT TO THIS SECTION  SHALL  BE  DISTRIBUTED  TO
 AWARDEES  IN  A  TIMELY  MANNER  CONSISTENT WITH ALL APPLICABLE LAWS AND
 REGULATIONS.
   6. APPLICANTS WHOSE APPLICATIONS ARE  NOT  APPROVED  SHALL  RECEIVE  A
 WRITTEN EXPLANATION FROM THE COMMISSIONER OF THE REASONS WHY SUCH APPLI-
 CATION WAS NOT APPROVED.
   §  445.  REPORTING. 1. BY APRIL FIRST OF EACH CALENDAR YEAR, THE BOARD
 SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR AND THE LEGISLATURE  WHICH
 INCLUDES, BUT NEED NOT BE LIMITED TO:
   (A) THE TOTAL AMOUNT OF GRANTS AWARDED PURSUANT TO THIS ARTICLE WITHIN
 THE PREVIOUS CALENDAR YEAR;
   (B)  INFORMATION  REGARDING THE APPLICATION PROCESS, INCLUDING BUT NOT
 LIMITED TO THE NUMBER OF APPLICATIONS RECEIVED AND THE NUMBER OF  APPLI-
 CATIONS THAT WERE APPROVED IN THE PREVIOUS CALENDAR YEAR; AND
   (C)  ANY RECOMMENDATIONS FOR IMPROVING THE FUNCTIONING OF THE PROGRAM,
 INCLUDING WAYS TO IMPROVE ACCESSIBILITY FOR POTENTIAL APPLICANTS.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S8707

Sponsored By

Current Bill Status - In Senate Committee Agriculture Committee

Actions

2025-S8707 (ACTIVE) - Details

2025-S8707 (ACTIVE) - Summary

2025-S8707 (ACTIVE) - Sponsor Memo

2025-S8707 (ACTIVE) - Bill Text download pdf

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Sponsored By

Michelle Hinchey

Current Bill Status - In Senate Committee Agriculture Committee

Actions

2025-S8707 (ACTIVE) - Details

2025-S8707 (ACTIVE) - Summary

2025-S8707 (ACTIVE) - Sponsor Memo

2025-S8707 (ACTIVE) - Bill Text download pdf

Comments