A07002 Summary:

BILL NO    A07002A

SAME AS    SAME AS S05377

SPONSOR    Magee (MS)

COSPNSR    Gunther, Jaffee, Brindisi, Barrett

MLTSPNSR   

Amd SS16, 309 & 323, add S329-a, Ag & Mkts L; amd S2, Pub Lds L

Relates to access to viable agricultural land for new and beginning farmers.
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A07002 Actions:

BILL NO    A07002A

04/29/2013 referred to agriculture
05/20/2013 amend and recommit to agriculture
05/20/2013 print number 7002a
06/04/2013 reported referred to ways and means
06/11/2013 reported referred to rules
06/12/2013 reported 
06/12/2013 rules report cal.244
06/12/2013 ordered to third reading rules cal.244
06/17/2013 passed assembly
06/17/2013 delivered to senate
06/17/2013 REFERRED TO RULES
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A07002 Votes:

A07002A06/17/2013 140/0
AbbateYColtonYGarbariYKearnsYMillmanYRiveraYStevensAB
AbinantYCookYGibsonYKellnerYMontesaERRobertsYStirpeY
ArroyoYCorwinYGiglioYKimYMorelleYRobinsoERSweeneyY
AubryYCrespoYGjonajERKolbYMosleyYRodriguERTediscoY
BarclayYCrouchYGlickYLalorYMoyaYRosaYTenneyY
BarrettYCurranYGoldfedYLavineYNojayYRosenthYThieleY
BarronYCusickYGoodellYLentolYNolanYRozicYTitoneY
BenedetYCymbrowYGottfriYLiftonYOaksYRussellYTitusY
BlankenYDenDekkYGrafYLopezYO'DonneYRyanYWalterY
BorelliYDinowitYGuntherYLupardoYOrtizYSaladinYWeinsteY
BoylandERDiPietrYHawleyYLupinacYOtisYSantabaYWeisenbY
BraunstYDupreyYHeastieYMageeYPalmesaYScarborYWeprinY
BrennanYEnglebrYHennessYMagnareYPaulinYSchimelYWrightY
BrindisYEspinalYHevesiYMaiselYPeoplesYSchimmiYZebrowsY
BronsonYFahyYHikindERMalliotYPerryYSepulveYMr SpkrY
Brook-KYFarrellYHooperYMarkeyYPretlowYSimanowY
BuchwalYFinchYJacobsYMayerYQuartYSimotasY
ButlerYFitzpatYJaffeeYMcDonalYRaYSkartadY
CahillYFriendYJohnsYMcDonouYRabbittYSkoufisY
CamaraYGabryszYJordanYMcKevitYRaiaYSolagesY
CerettoYGalefYKatzYMcLaughYRamosYStecY
ClarkYGanttYKavanagYMillerYReilichYSteckY

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A07002 Memo:

BILL NUMBER:A7002A

TITLE OF BILL:  An act to amend the agriculture and markets law and
the public lands law, in relation to access to viable agricultural
land for new and beginning farmers

PURPOSE OR GENERAL IDEA OF BILL: Would direct the Commissioner of the
New York State Department of Agriculture and Markets to enhance access
to viable agricultural land for new and beginning farmers and would
direct the Commissioner of the Office of General Services to work with
the Commissioner of Agriculture and Markets to develop an inventory of
state-owned real property that may be viable for farming.

SUMMARY OF SPECIFIC PROVISIONS: The bill would amend the Agriculture
and Markets Law to:

-add a new subdivision 2-d to aid in efforts supporting the successful
transfer of viable agricultural land from existing owners to new
owners and operators, especially beginning farmers;

- amend subdivision 5 of S 309 to require the Agriculture Advisory
Council to provide guidance regarding tax, financial assistance and
other policies and programs that could address the needs of new
farmers to the Commissioner and state agencies;

- amend section S 323 to require the Commissioner to report to the
Governor and Legislature to enhance access to viable agricultural land
for new and beginning farmers; and,

- add a new S 329-a requiring the department to collect and compile
information about both public and private lands available for purchase
or leasing for farming, and make such information available on its
internet website.

The bill would amend S 2 of Public Lands Law to:

-add a new subdivision 2-a directing the Commissioner of the Office of
General Services to work with the Commissioner of Agriculture and
Markets to develop an inventory of available land for farming;

-add a new subdivision 2-b requiring the Commissioner of OGS to report
to the Governor and the Legislature within one year of the effective
date on issues related to selling state lands for fanning; and,

-add a new subdivision 3-a directing the Commissioner of OGS to work
with other state agencies to identify land that may be viable for
farming.

JUSTIFICATION: The most recent federal census of agriculture in 2007
found that the average age of farmers in NYS is about 56, up from 50
in the early 1980s. Facing that reality, the U.S. Secretary of
Agriculture has set a goal of recruiting 100,000 new farmers across
the country to replace those that are retiring. Farming is a difficult
business; several factors, such as the complex process of transferring
ownership of farms and prohibitive capital costs, contribute to the
aging of the farm population and present barriers to younger farmers
gaining access to land. There is increasing interest by young people


hoping to find viable land they can farm.  Trends in the marketplace
such as the recent growth in Greek yogurt and other dairy processors,
and increased demand for locally grown foods and beverages from
consumers, foodservice businesses and institutions, highlight the
importance of assisting new farmers starting out.

This bill would emphasize assistance for new and beginning farmers in
existing state law. For example , it would require the State's
Agriculture Advisory Council to provide advice to State agencies
regarding tax, financial assistance and other policies and programs
that could address the needs of beginning farmers and the issues they
face related to the transfer of ownership of farms. It would also
encourage the identification of properties owned by the State that are
viable for farming, could be sold or leased for that purpose, and
promote that information among those interested in purchasing or
leasing those properties,

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: Immediate.
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A07002 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        7002--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                    April 29, 2013
                                      ___________

       Introduced by M. of A. MAGEE, GUNTHER, JAFFEE, BRINDISI -- read once and
         referred to the Committee on Agriculture -- committee discharged, bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee

       AN ACT to amend the agriculture and markets law  and  the  public  lands
         law,  in  relation  to  access to viable agricultural land for new and
         beginning farmers

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Section 16 of the agriculture and markets law is amended by
    2  adding a new subdivision 2-d to read as follows:
    3    2-D. AID IN EFFORTS SUPPORTING THE SUCCESSFUL TRANSFER OF VIABLE AGRI-
    4  CULTURAL  LAND  FROM  EXISTING OWNERS TO NEW OWNERS AND OPERATORS, ESPE-
    5  CIALLY BEGINNING FARMERS.
    6    S 2. Subdivision 5 of section 309 of the agriculture and markets  law,
    7  as  added  by  chapter  79  of  the  laws of 1980, is amended to read as
    8  follows:
    9    5. The advisory council on agriculture shall advise  the  commissioner
   10  and  other  state  agency  heads on state government plans, policies and
   11  programs affecting farming and the agricultural industry of  this  state
   12  INCLUDING,  BUT  NOT LIMITED TO, ADVICE REGARDING TAX, FINANCIAL ASSIST-
   13  ANCE AND OTHER POLICIES AND PROGRAMS THAT COULD  ADDRESS  THE  NEEDS  OF
   14  BEGINNING  FARMERS AND ISSUES RELATED TO TRANSFER OF OWNERSHIP OF FARMS.
   15  Concerned state agencies shall be  encouraged  to  establish  a  working
   16  relationship with the council and shall fully cooperate with the council
   17  in any requests it shall make.
   18    S  3. Subdivision 6 of section 323 of the agriculture and markets law,
   19  as amended by chapter 268 of the laws of 2008, is  amended  to  read  as
   20  follows:
   21    6.  reporting biennially to the governor and the legislature regarding
   22  the activities of the commissioner, INCLUDING EFFORTS TO ENHANCE  ACCESS
   23  TO  VIABLE AGRICULTURAL LAND FOR NEW AND BEGINNING FARMERS, the types of
   24  technical  assistance  rendered  to  county  agricultural  and  farmland
   25  protection boards, municipalities and not-for-profit conservation organ-

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10459-04-3
       A. 7002--A                          2

    1  izations,  and  the need to protect the state's agricultural economy and
    2  land resources.
    3    S  4.  The  agriculture  and  markets  law  is amended by adding a new
    4  section 329-a to read as follows:
    5    S 329-A.  FARMLAND AVAILABILITY INFORMATION. 1. THE  DEPARTMENT  SHALL
    6  COLLECT  AND  COMPILE  INFORMATION  ABOUT PUBLIC LAND THAT IS VIABLE FOR
    7  FARMING AND IS AVAILABLE FOR PURCHASE OR  LEASE  FOR  FARMING  AND  MAKE
    8  AVAILABLE SUCH INFORMATION, INCLUDING CONTACT INFORMATION FOR THE OFFICE
    9  OF  GENERAL  SERVICES,  OTHER  STATE AGENCIES, MUNICIPALITIES, AND OTHER
   10  GOVERNMENTAL ENTITIES OFFERING SUCH LAND, ON ITS INTERNET  WEBSITE.  THE
   11  DEPARTMENT SHALL PROVIDE GUIDANCE AND ASSISTANCE TO THE OFFICE OF GENER-
   12  AL SERVICES, OTHER STATE AGENCIES, MUNICIPALITIES AND OTHER GOVERNMENTAL
   13  ORGANIZATIONS  THAT REQUEST SUCH ASSISTANCE, IN IDENTIFYING LAND THAT IS
   14  VIABLE FOR FARMING.
   15    2. THE DEPARTMENT MAY ALSO MAKE AVAILABLE  SIMILAR  INFORMATION  ABOUT
   16  PRIVATE  LAND  AVAILABLE  FOR  PURCHASE  OR LEASE FOR FARMING, INCLUDING
   17  CONTACT INFORMATION FOR THE OWNERS OF SUCH LAND.
   18    S 5. Section 2 of the public lands law is amended by  adding  two  new
   19  subdivisions 2-a and 2-b to read as follows:
   20    2-A. STATE-OWNED REAL PROPERTY INVENTORY; FARMING. A. THE COMMISSIONER
   21  OF  GENERAL SERVICES IS AUTHORIZED AND DIRECTED TO DEVELOP AN INVENTORY,
   22  IN COOPERATION WITH THE COMMISSIONER  OF  AGRICULTURE  AND  MARKETS,  OF
   23  STATE-OWNED REAL PROPERTY THAT MAY BE VIABLE FOR FARMING.
   24    B.  IF THE COMMISSIONER DETERMINES THAT ANY OF SUCH PROPERTY SHOULD BE
   25  MADE AVAILABLE FOR PURCHASE OR LEASE FOR FARMING THEN  SUCH  INFORMATION
   26  SHALL  BE  PROVIDED TO THE DEPARTMENT OF AGRICULTURE AND MARKETS FOR THE
   27  FARMLAND AVAILABILITY INFORMATION PROGRAM, PROVIDED,  HOWEVER,  THAT  IF
   28  THE  COMMISSIONER,  IN  COOPERATION WITH THE COMMISSIONER OF AGRICULTURE
   29  AND MARKETS, DETERMINES THAT ANY OF SUCH PROPERTY  SHOULD  BE  PROTECTED
   30  AND  PRESERVED  USING  ARTICLE  TWENTY-FIVE-AAA  OF  THE AGRICULTURE AND
   31  MARKETS LAW THEN INFORMATION ABOUT SUCH PROPERTY SHALL NOT  BE  PROVIDED
   32  FOR  THE FARMLAND AVAILABILITY INFORMATION PROGRAM UNTIL A REVIEW OF THE
   33  MERITS AND FEASIBILITY OF PRESERVING SUCH PROPERTY  USING  SUCH  ARTICLE
   34  HAS BEEN CONSIDERED.
   35    2-B.  REPORT.  THE  COMMISSIONER  SHALL REPORT TO THE GOVERNOR AND THE
   36  LEGISLATURE WITHIN ONE YEAR OF THE EFFECTIVE DATE  OF  THIS  SUBDIVISION
   37  ON:
   38    A.  THE  INVENTORY OF STATE-OWNED REAL PROPERTY THAT MAY BE VIABLE FOR
   39  FARMING CONDUCTED PURSUANT TO SUBDIVISION TWO-A OF THIS SECTION;
   40    B. THE FEASIBILITY OF, AND BARRIERS TO, SELLING, LEASING OR USING SUCH
   41  PROPERTY FOR FARMING;
   42    C. THE FEASIBILITY OF USING ARTICLE TWENTY-FIVE-AAA OF AGRICULTURE AND
   43  MARKETS LAW TO PROTECT AND PRESERVE SUCH LAND FOR FARMING WHEN SUCH LAND
   44  IS SOLD; AND
   45    D. ANY CONCERNS RELATED TO SELLING OR LEASING SUCH PROPERTY FOR  FARM-
   46  ING, INCLUDING, BUT NOT LIMITED TO, THE TYPES OF FARMING ACTIVITIES THAT
   47  MAY  BE APPROPRIATE AND THE ENVIRONMENTAL AND COMMUNITY IMPACTS OF FARM-
   48  ING SUCH PROPERTIES.
   49    S 6. Section 2 of the public lands law is  amended  by  adding  a  new
   50  subdivision 3-a to read as follows:
   51    3-A.  LAND  VIABLE  FOR  FARMING;  IDENTIFICATION. THE COMMISSIONER OF
   52  GENERAL SERVICES IS AUTHORIZED AND DIRECTED, AS PART OF THE  STATE-OWNED
   53  REAL PROPERTY MANAGEMENT PROGRAM, TO WORK WITH STATE AGENCIES TO IDENTI-
   54  FY  LAND  THAT  MAY  BE VIABLE FOR FARMING AND MAY BE MADE AVAILABLE FOR
   55  PURCHASE OR LEASE FOR FARMING.
   56    S 7. This act shall take effect immediately.
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