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A07002 Summary:

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A07002 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7002--B
                                                                Cal. No. 331
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 29, 2013
                                       ___________
 
        Introduced by M. of A. MAGEE, GUNTHER, JAFFEE, BRINDISI, BARRETT -- read
          once  and  referred  to  the  Committee  on  Agriculture  -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- advanced to a third reading, amended and  ordered

          reprinted, retaining its place on the order of third reading
 
        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    §  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    § 3. Subdivision 6 of section 323 of the agriculture and markets  law,
    19  as  amended  by  chapter  150 of the laws of 2013, is amended to read as
    20  follows:
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10459-05-4
        A. 7002--B                          2
 
     1    6. reporting biennially to the governor and the legislature  regarding
     2  the  activities of the commissioner, including efforts to enhance access
     3  to viable agricultural land for new and beginning farmers, the types  of
     4  technical  assistance  rendered  to  county  agricultural  and  farmland
     5  protection boards, municipalities, soil and water conservation districts
     6  and  not-for-profit  conservation organizations, and the need to protect
     7  the state's agricultural economy and land resources.
     8    § 4. The agriculture and markets  law  is  amended  by  adding  a  new

     9  section 329-a to read as follows:
    10    §  329-a.   Farmland availability information. 1. The department shall
    11  collect and compile information about public land  that  is  viable  for
    12  farming  and  is  available  for  purchase or lease for farming and make
    13  available such information, including contact information for the office
    14  of general services, other state  agencies,  municipalities,  and  other
    15  governmental  entities  offering such land, on its internet website. The
    16  department shall provide guidance and assistance to the office of gener-
    17  al services, other state agencies, municipalities and other governmental
    18  organizations that request such assistance, in identifying land that  is
    19  viable for farming.

    20    2.  The  department  may also make available similar information about
    21  private land available for purchase  or  lease  for  farming,  including
    22  contact information for the owners of such land.
    23    §  5.  Section  2 of the public lands law is amended by adding two new
    24  subdivisions 2-a and 2-b to read as follows:
    25    2-a. State-owned real property inventory; farming. a. The commissioner
    26  of general services is authorized and directed to develop an  inventory,
    27  in  cooperation  with  the  commissioner  of agriculture and markets, of
    28  state-owned real property that may be viable for farming.
    29    b. If the commissioner determines that any of such property should  be
    30  made  available  for purchase or lease for farming then such information

    31  shall be provided to the department of agriculture and markets  for  the
    32  farmland  availability  information  program, provided, however, that if
    33  the commissioner, in cooperation with the  commissioner  of  agriculture
    34  and  markets,  determines  that any of such property should be protected
    35  and preserved using  article  twenty-five-AAA  of  the  agriculture  and
    36  markets  law  then information about such property shall not be provided
    37  for the farmland availability information program until a review of  the
    38  merits  and  feasibility  of preserving such property using such article
    39  has been considered.
    40    2-b. Report. The commissioner shall report to  the  governor  and  the
    41  legislature  within  one  year of the effective date of this subdivision

    42  on:
    43    a. the inventory of state-owned real property that may be  viable  for
    44  farming conducted pursuant to subdivision two-a of this section;
    45    b. the feasibility of, and barriers to, selling, leasing or using such
    46  property for farming;
    47    c. the feasibility of using article twenty-five-AAA of agriculture and
    48  markets law to protect and preserve such land for farming when such land
    49  is sold; and
    50    d.  any concerns related to selling or leasing such property for farm-
    51  ing, including, but not limited to, the types of farming activities that
    52  may be appropriate and the environmental and community impacts of  farm-
    53  ing such properties.
    54    §  6.  Section  2  of  the public lands law is amended by adding a new

    55  subdivision 3-a to read as follows:
        A. 7002--B                          3
 
     1    3-a. Land viable for  farming;  identification.  The  commissioner  of
     2  general  services is authorized and directed, as part of the state-owned
     3  real property management program, to work with state agencies to identi-
     4  fy land that may be viable for farming and may  be  made  available  for
     5  purchase or lease for farming.
     6    § 7. This act shall take effect immediately.