A07002 Summary:

BILL NO    A07002B

SAME AS    SAME AS S05377-A

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.
Go to top

A07002 Actions:

BILL NO    A07002B

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
01/08/2014 DIED IN SENATE
01/08/2014 RETURNED TO ASSEMBLY
01/08/2014 ordered to third reading cal.331
01/22/2014 amended on third reading 7002b
02/11/2014 passed assembly
02/11/2014 delivered to senate
02/11/2014 REFERRED TO AGRICULTURE
06/12/2014 SUBSTITUTED FOR S5377A
06/12/2014 3RD READING CAL.949
06/12/2014 PASSED SENATE
06/12/2014 RETURNED TO ASSEMBLY
12/05/2014 delivered to governor
12/17/2014 vetoed memo.537
12/17/2014 tabled
Go to top

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

A07002B02/11/2014 137/0
AbbateYCookYGjonajYLalorYNojayYRosenthYTitoneY
AbinantYCorwinYGlickYLavineYNolanYRozicYTitusY
ArroyoYCrespoYGoldfedYLentolYOaksYRussellYWalterY
AubryYCrouchYGoodellYLiftonYO'DonneYRyanYWeinsteY
BarclayYCurranYGottfriYLopezYOrtizYSaladinYWeisenbY
BarrettYCusickYGrafYLupardoYOtisYSantabaYWeprinY
BenedetYCymbrowYGuntherYLupinacYPalmesaYScarborYWrightY
BlankenYDavilaYHawleyYMageeYPalumboYSchimelYZebrowsY
BorelliYDenDekkYHeastieYMagnareYPaulinYSchimmiYMr SpkrY
BoylandABDinowitYHennessYMalliotYPeoplesYSepulveY
BraunstYDiPietrYHevesiYMarkeyYPerryYSimanowY
BrennanYDupreyYHikindYMayerYPichardYSimotasY
BrindisYEnglebrYHooperYMcDonalYPretlowYSkartadY
BronsonYFahyYJacobsERMcDonouYQuartYSkoufisY
Brook-KYFarrellYJaffeeYMcKevitYRaYSolagesY
BuchwalYFinchYJohnsYMcLaughYRaiaYStecY
ButlerYFitzpatYKatzYMillerYRamosYSteckY
CahillYFriendYKavanagYMillmanERRiveraYStirpeY
CamaraYGalefYKearnsYMontesaYRobertsYSweeneyY
CerettoYGanttYKellnerERMorelleYRobinsoYTediscoY
ClarkYGarbariYKimYMosleyYRodriguYTenneyY
ColtonYGiglioYKolbYMoyaYRosaYThieleY

Go to top

A07002 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7002B
 
SPONSOR: Magee (MS)
  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 § 309 to require the Agriculture Advisory Coun- cil 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 § 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 § 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 § 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 farming; 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 farm- ing.   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, food service busi- nesses and institutions, highlight the importance of assisting new farm- ers starting out. This bill would emphasize assistance for new and beginning farmers in existing state law. For example, it would require the State's Agricul- ture 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 identifica- tion 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.
Go to top

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.
Go to top
Page display time = 0.2169 sec