NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5060
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 authorize 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 have the Commissioner of the
Office of General Services work with the Commissioner of Agriculture and
Markets to develop an inventory of state-owned real property that may be
viable for farming and make that inventory available to the Department
of Agriculture and Markets to disseminate.
SUMMARY OF SPECIFIC PROVISIONS:
The bill would amend the Agriculture and Markets Law to:
-add a new subdivision 2-e 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 subdivision 6 of section § 323 to require the Commissioner to
report to the Governor and Legislature to enhance access to viable agri-
cultural land for new and beginning farmers; and,
-add a new § 329-a authorizing the department to collect and compile
information about both public and private lands available for purchase
or lease for farming, and make such information available on its inter-
net website and directing the department to provide guidance to the
Office of General Services (OGS)and other government agencies in identi-
fying land viable for farming.
The bill would amend § 2 of Public Lands Law to:
-add a new subdivision 3-a directing the Commissioner of OGS to consult
with the Department of Agriculture and Markets to identify land that may
be viable for fanning and available for lease or sale and make that
information available to the Department.
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 popu-
lation 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 local-
ly 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 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:
New bill.
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
Immediate.
STATE OF NEW YORK
________________________________________________________________________
5060
2017-2018 Regular Sessions
IN ASSEMBLY
February 6, 2017
___________
Introduced by M. of A. MAGEE, BARRETT, MOSLEY, SANTABARBARA, SKOUFIS,
CROUCH, DiPIETRO, PALMESANO -- Multi-Sponsored by -- M. of A. LOPEZ --
read once and referred to the Committee on Agriculture
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-f to read as follows:
3 2-f. 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:
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08824-01-7
A. 5060 2
1 technical assistance rendered to county agricultural and farmland
2 protection boards, municipalities, soil and water conservation districts
3 and not-for-profit conservation organizations, and the need to protect
4 the state's agricultural economy and land resources.
5 § 4. The agriculture and markets law is amended by adding a new
6 section 329-a to read as follows:
7 § 329-a. Farmland availability information. 1. The department may
8 collect and compile information about public land that is viable for
9 farming and is available for purchase or lease for farming and make
10 available such information, including contact information for the office
11 of general services, other state agencies, municipalities, and other
12 governmental entities offering such land, on its internet website. The
13 department shall provide guidance and assistance to the office of gener-
14 al services, other state agencies, municipalities and other governmental
15 organizations that request such assistance, in identifying land that is
16 viable for farming.
17 2. The department may also make available similar information about
18 private land available for purchase or lease for farming, including
19 contact information for the owners of such land.
20 § 5. Section 2 of the public lands law is amended by adding a new
21 subdivision 3-a to read as follows:
22 3-a. Land viable for farming; identification. The commissioner of
23 general services is authorized and directed to consult, as part of the
24 state-owned real property management program, with the department of
25 agriculture and markets to identify land that may be viable for farming
26 and may be made available for purchase or lease for farming and make
27 that information available to the department of agriculture and markets
28 to be disseminated to the public.
29 § 6. This act shall take effect immediately.
