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A10878 Summary:

BILL NOA10878
 
SAME ASSAME AS S08707-A
 
SPONSORCashman
 
COSPNSR
 
MLTSPNSR
 
Add Art 26-D §§440 - 445, Ag & Mkts L
 
Establishes farm security resiliency grant awards for farm employers who have suffered eligible losses as a result of eligible weather conditions or events; establishes the farm security resiliency grant board to make recommendations to the commissioner of agriculture and markets regarding applications for farm security resiliency grant awards.
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A10878 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10878
 
                   IN ASSEMBLY
 
                                      April 8, 2026
                                       ___________
 
        Introduced  by M. of A. CASHMAN -- read once and referred to the Commit-
          tee on Agriculture
 
        AN ACT to amend the agriculture and markets law, in relation  to  estab-
          lishing  farm  security resiliency grant awards for farm employers who
          have suffered eligible losses as a result of eligible  weather  condi-
          tions or events

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The agriculture and markets law is amended by adding a  new
     2  article 26-D to read as follows:
     3                                ARTICLE 26-D
     4                    FARM SECURITY RESILIENCY GRANT AWARDS
     5  Section 440. Definitions.
     6          441. Farm security resiliency grant board.
     7          442. Powers and duties of the board.
     8          443. Application process.
     9          444. Grant awards.
    10          445. Reporting.
    11    §  440. Definitions. For purposes of this article, the following terms
    12  shall have the following meanings:
    13    1. "Farm security resiliency grant board", or "board", shall mean  the
    14  farm  security  resiliency  grant  board established pursuant to section
    15  four hundred forty-one of this article.
    16    2. "Eligible weather condition" shall mean any of the following weath-
    17  er conditions:
    18    (a) high winds;
    19    (b) excessive moisture or precipitation, including hail, flooding,  or
    20  excessive snowfall;
    21    (c) prolonged lack of precipitation, including drought;
    22    (d) extreme temperatures including heat or freeze conditions;
    23    (e) widespread fire; or
    24    (f)  any  other  severe weather or growing condition determined by the
    25  board to substantially impact agricultural income.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14055-03-6

        A. 10878                            2
 
     1    3. "Eligible losses" shall mean income lost or  costs  incurred  as  a
     2  result of eligible weather conditions, including:
     3    (a) lost wages or other compensation;
     4    (b) lost income from destroyed crops, livestock, or other agricultural
     5  products;
     6    (c) debt payment or other ongoing costs;
     7    (d) costs of replanting;
     8    (e) costs of replacing livestock feed;
     9    (f) infrastructure or equipment repair or replacement costs;
    10    (g) farm road or access road repair costs;
    11    (h)  other  losses  as  determined by the commissioner in consultation
    12  with the review board.
    13    4. "Farm employer" shall mean a corporation, including a  New  York  S
    14  corporation,  a  sole  proprietorship, a limited liability company, or a
    15  partnership whose principal business is farming activity.
    16    § 441. Farm security resiliency grant board. 1. There shall be  estab-
    17  lished  within  the  department the farm security resiliency grant board
    18  for purposes of advising the commissioner regarding the  program  estab-
    19  lished pursuant to this article.
    20    2. The board shall consist of seven members selected for their experi-
    21  ence  and  expertise  related  to  areas  of  board  responsibility  and
    22  comprised of diverse members of the agriculture industry, including:
    23    (a) the commissioner or the commissioner's designee;
    24    (b) the commissioner of the division of homeland security and emergen-
    25  cy services or such commissioner's designee;
    26    (c) three representatives of agricultural  organizations  with  demon-
    27  strated  experience  offering  technical  assistance  to  or advocacy on
    28  behalf of farmers, to be appointed by the commissioner; and
    29    (d) two current farmers, to be appointed by the commissioner.
    30    3. The terms of office of members of the board shall be  three  years.
    31  Members  of  the  board  may  be reappointed for additional terms by the
    32  commissioner. Vacancies shall be filled  by  the  commissioner  for  the
    33  remainder  of  the  unexpired term and may be reappointed for additional
    34  terms by the commissioner.
    35    4. A majority of appointed members of the  board  shall  constitute  a
    36  quorum.
    37    5.  The  board shall meet at least quarterly and may meet additionally
    38  upon request of the commissioner.
    39    § 442. Powers and duties of the board.  The  board  shall  advise  the
    40  commissioner  on matters relating to the program established pursuant to
    41  this article,  including  but  not  limited  to  sharing  feedback  from
    42  impacted  parties  including  farmers and agricultural organizations and
    43  making recommendations related to program administration and efficiency.
    44    § 443. Application process.  1.  The  commissioner  shall  develop  an
    45  application  form  and  process  for farm employers to seek grant awards
    46  under this article. The application  form  developed  pursuant  to  this
    47  subdivision shall include, but not be limited to, the following informa-
    48  tion:
    49    (a) A description of the damage that occurred;
    50    (b)  An  attestation  that  an  eligible  weather  condition  or event
    51  occurred;
    52    (c)  An  estimate  of  eligible  losses,  including  documentation  as
    53  required by the commissioner;
    54    (d)  A  year-end report of farm income and expenses from schedule F of
    55  United States Internal Revenue Form 1040 for the previous calendar year;
    56  and

        A. 10878                            3

     1    (e) Documentation of any other funds sought or acquired related to the
     2  eligible weather condition or eligible losses, such as insurance.
     3    2.  Applications for a grant award under this article shall be made to
     4  the commissioner. Such applications may be made at any time and shall be
     5  processed in the order such application was received. Applications shall
     6  be accepted until all appropriated funds for grant  awards  pursuant  to
     7  this article have been awarded for the applicable year.
     8    §  444.  Grant  awards.  1. Upon receipt of an application for a grant
     9  award pursuant to this article, the commissioner shall make  a  determi-
    10  nation  regarding  the approval, disapproval, or modification of a grant
    11  award within thirty calendar days of such receipt, provided such  appli-
    12  cation is administratively complete.
    13    2.  In  making  such  determinations,  the commissioner may modify the
    14  amount of the grant award from the amount requested.
    15    3. Within the amount of monies  appropriated  for  such  purpose,  the
    16  commissioner  shall  award  grants  to farm employers that have incurred
    17  substantial financial losses or  substantial  increased  expenses  as  a
    18  result of eligible weather conditions.
    19    4.  Grants  awarded  pursuant  to  this section shall reimburse a farm
    20  employer for up to fifty percent of  uninsured  or  otherwise  uncovered
    21  eligible losses due to eligible weather conditions up to a maximum award
    22  of one hundred fifty thousand dollars per applicant per year.
    23    5.  Grants  awarded  pursuant  to this section shall be distributed to
    24  awardees in a timely manner consistent  with  all  applicable  laws  and
    25  regulations.
    26    6.  Applicants  whose  applications  are  not approved shall receive a
    27  written explanation from the commissioner of the reasons why such appli-
    28  cation was not approved.
    29    § 445. Reporting. 1. By April first of each calendar year,  the  board
    30  shall  submit an annual report to the governor and the legislature which
    31  includes, but need not be limited to:
    32    (a) The total amount of grants awarded pursuant to this article within
    33  the previous calendar year;
    34    (b) Information regarding the application process, including  but  not
    35  limited  to the number of applications received and the number of appli-
    36  cations that were approved in the previous calendar year; and
    37    (c) Any recommendations for improving the functioning of the  program,
    38  including ways to improve accessibility for potential applicants.
    39    §  2.  This  act shall take effect on the ninetieth day after it shall
    40  have become a law.
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