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.
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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
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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

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

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A07002 Memo:

BILL NUMBER:A7002B

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 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
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, food service 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--B
                                                               Cal. No. 331

                              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, 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    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  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    S 4. The agriculture and markets  law  is  amended  by  adding  a  new
    9  section 329-a to read as follows:
   10    S  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    S  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    S  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    S 7. This act shall take effect immediately.
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