Add Art 24-A §§291 - 291-n, Ag & Mkts L; amd §§210-B & 606, Tax L; amd §5-3.1, EPT L; amd §§701, 161, 511,
564, 651 & 674, rpld §161 sub 1 closing ¶, §703 closing ¶, §705 sub 1-a, §§163-a, 704-b, 702-b & 674-a, Lab
L; amd §225, Pub Health L; amd §§3, 51, 120 & 201, rpld §110-b, Work Comp L
Establishes the NY food insecurity, farm resiliency and rural poverty initiative to provide financial assistance in the form of matching grants, hiring assistance, purchasing assistance, tax credits, tax exemptions, and reimbursements.
STATE OF NEW YORK
________________________________________________________________________
5708
2023-2024 Regular Sessions
IN ASSEMBLY
March 22, 2023
___________
Introduced by M. of A. TAGUE, BRABENEC, GALLAHAN, HAWLEY, MILLER, DURSO,
PALMESANO, LEMONDES, CRUZ, DAVILA, MEEKS -- read once and referred to
the Committee on Agriculture
AN ACT to amend the agriculture and markets law, the tax law, the
estates, powers and trusts law, the labor law, the public health law
and the workers' compensation law, in relation to establishing the NY
food insecurity, farm resiliency and rural poverty initiative; and to
repeal certain provisions of the labor law and the workers' compen-
sation law relating thereto; and making an appropriation therefor
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "NY Food Insecurity, Farm Resiliency and Rural Poverty act".
3 § 2. Legislative findings and intent. The legislature hereby recog-
4 nizes that the agricultural industry is a significant, economically
5 diverse and productive industry that is vital to the state of New York
6 and has a substantial impact on the state's economy. That the COVID-19
7 pandemic, and the subsequent mandates and restrictions, have severely
8 disrupted the agricultural markets to an extent seldom realized by the
9 state. Consequently, the legislature hereby recognizes that a comprehen-
10 sive support structure is necessary to ensure the viability of New York
11 farms and provide reliable market expectations for New York farmers.
12 § 3. The agriculture and markets law is amended by adding a new article
13 24-A to read as follows:
14 ARTICLE 24-A
15 NY FOOD INSECURITY, FARM RESILIENCY AND RURAL POVERTY ACT
16 Section 291. Short title.
17 291-a. Legislative intent.
18 291-b. Definitions.
19 291-c. NY food insecurity, farm resiliency and rural poverty
20 office.
21 291-d. Permanent agricultural purchasing assistance program.
22 291-e. Commercial meat and dairy processing incentive program.
23 291-f. New York meat and dairy processing study commission.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08693-01-3
A. 5708 2
1 291-g. Personal service cost assistance program.
2 291-h. Beginning farmers grant program.
3 291-i. Farm infrastructure and equipment grant program.
4 291-j. Commercial real estate and warehousing grant program.
5 291-k. Cold storage equipment grant program.
6 291-l. Cold storage transportation grant program.
7 291-m. Transportation fuel reimbursement program.
8 291-n. FarmNet program.
9 § 291. Short title. This article shall be known and may be cited as
10 the "NY Food Insecurity, Farm Resiliency and Rural Poverty act".
11 § 291-a. Legislative intent. The legislature hereby recognizes that
12 New York state boasts a valuable agricultural sector as well as a
13 comprehensive structure of ten regional food banks which are tailored to
14 each region's resources and needs; New York's farmers and the state's
15 food banks work in conjunction with over four thousand local food
16 pantries and non-profit partner organizations to serve between three and
17 five million New Yorkers annually. In support of these efforts, New York
18 agriculture, which employs nearly two hundred thousand residents,
19 produces eighteen billion pounds of fresh produce annually, as well as
20 over fifteen billion pounds of milk and two hundred seventy-three
21 million pounds of meat. The agricultural sector in New York state is
22 worth more than five billion seven hundred fifty million dollars in
23 direct economic activity annually; ninety-eight percent of New York
24 farms are family-owned, with an average farm size of about two hundred
25 five acres and a median producer age of about fifty-seven years. Howev-
26 er profitable in terms of revenue, it must be acknowledged that the
27 amount of acreage under tillage has been in decline; since two thousand
28 twelve, acreage under cultivation has declined by nearly three hundred
29 twenty thousand acres.
30 The COVID-19 pandemic and, more specifically, New York state's aggres-
31 sive response to it has caused severe disruption to the lives and live-
32 lihoods of New York farmers; mandatory shutdowns and capacity limita-
33 tions related to the state's COVID-19 response, especially during the
34 spring of two thousand twenty, created a massive deficit in demand for
35 agricultural products and services in sectors ranging from food-service
36 to tourism, especially concerning dairy products. This drastically
37 reduced demand forced New York's farmers to dump millions of gallons of
38 milk as unprofitable waste, costing tens of millions of dollars in
39 potential revenue.
40 New York state's COVID-19 response has thrown into sharp relief some
41 ways in which the relationship between New York state agriculture and
42 its food banks could be improved, both for the benefit of New York farm-
43 ers and those in need. These include: agricultural assistance to
44 prevent agricultural food waste and other problems associated with
45 temporarily low demand for agricultural products due to emergency
46 disruptions; access to, and capacity issues with, cold storage equip-
47 ment, and the acquisition and maintenance of food transportation. To
48 address these needs, the New York Food Insecurity, Farm Resiliency and
49 Rural Poverty act is hereby introduced.
50 § 291-b. Definitions. For purposes of this article, the following
51 terms shall have the following meanings:
52 1. "Act" shall mean the New York Food Insecurity, Farm Resiliency and
53 Rural Poverty act.
54 2. "Equipment" shall mean tractors, trucks, automated milk pushers,
55 automated feed pushers, refrigerators, freezers, generators and any
A. 5708 3
1 other tool, machine or implement used in agricultural, food bank or food
2 pantry operations.
3 3. "Fuel" shall mean gasoline, diesel fuel, hydrogen, propane,
4 compressed natural gas, or an electrical charge stored in one or more
5 vehicle-borne batteries.
6 4. "Cold storage" shall mean the storage of perishable food products
7 in a temperature-controlled cold space for the purpose of preservation.
8 5. "Commercial meat processing" shall mean the large-scale end-to-end
9 preparation of meat, poultry and seafood for consumption, including
10 inspection.
11 6. "Commercial dairy processing" shall mean the large-scale end-to-end
12 preparation of milk and milk products for consumption, including
13 inspection.
14 7. "Rendering" shall mean the recycling, by a meat processor, of
15 unutilized meat, fat, bone and other waste animal products into other
16 usable products, such as biofuels.
17 8. "NY FarmNet" or "FarmNet" means the farm family assistance program
18 founded in nineteen eighty-six at the New York state college of agricul-
19 ture and life sciences at Cornell university.
20 9. "Commissioners" shall mean the commissioner of agriculture and
21 markets, the commissioner of the office of temporary and disability
22 assistance and the commissioner of the department of health.
23 10. "Initiative" shall mean the New York food insecurity, farm resili-
24 ency and rural poverty initiative established pursuant to section two
25 hundred ninety-one of this article.
26 11. "Commission" shall mean the New York meat and dairy processing
27 study commission established pursuant to section two hundred
28 ninety-one-f of this article.
29 12. "Livestock producer" shall mean any person who owns or acquires
30 ownership of cattle, sheep, deer, llamas, alpacas, goats, horses, poul-
31 try, and similar animals kept for domestic use but not as pets, such as
32 on a farm or ranch.
33 § 291-c. NY food insecurity, farm resiliency and rural poverty office.
34 The commissioners shall initiate and maintain a NY food insecurity, farm
35 resiliency and rural poverty office within the department for the
36 purpose of providing oversight and assistance to applicants and recipi-
37 ents intended to benefit from the initiative. The program shall provide
38 financial assistance in the form of matching grants, personal service
39 cost assistance, purchasing assistance, tax credits, tax exemptions, and
40 reimbursements.
41 § 291-d. Permanent agricultural purchasing assistance program. 1.
42 There is hereby created within the NY food insecurity, farm resiliency
43 and rural poverty office, the New York state permanent agricultural
44 purchasing assistance program. Subject to the availability of funds,
45 the sum of ten million dollars shall be annually available to fund such
46 program. Such program shall be established and funded to permit regional
47 food banks to purchase increased amounts of agricultural food products
48 from New York farmers. Funding shall be allocated to each regional food
49 bank according to a formula determined by the department to ensure equi-
50 table distribution of funds.
51 2. During a declared state of emergency and subject to the availabili-
52 ty of funds, such program shall be given additional funds in the amount
53 of twenty million dollars to permit program expansion.
54 § 291-e. Commercial meat, fiber and dairy processing incentive
55 program. 1. There is hereby created within the NY food insecurity, farm
56 resiliency and rural poverty office, the commercial meat, fiber and
A. 5708 4
1 dairy processing incentive program. The objective of such program is to
2 increase the available processing capacity for meat, fiber and/or dairy
3 products in New York state. Under this section, the empire state devel-
4 opment corporation is authorized to provide grants for construction,
5 financing and equipment of up to one hundred percent of a project,
6 provided that the total amount of assistance provided pursuant to this
7 subdivision shall not exceed an appropriation provided for the purposes
8 of this section.
9 2. The department shall develop rules and regulations necessary to:
10 (a) purchase commercial real property and build facilities suitable
11 for turnkey operations by private commercial meat, fiber and/or dairy
12 processors. Under this program, the department shall maintain ownership
13 of the property and equipment and is hereby authorized to enter into
14 lease agreements with commercial meat, fiber and dairy processing busi-
15 ness entities to operate at such facilities; and
16 (b) require commercial meat, fiber and/or dairy processing facilities
17 located at and/or operated by the state university of New York to main-
18 tain full-scale operations in the event of a declaration of a state of
19 emergency.
20 § 291-f. New York meat, fiber and dairy processing study commission.
21 1. There is hereby established within the department, the commission on
22 meat, fiber and dairy processing in New York state (hereinafter referred
23 to as "the commission").
24 2. The commission shall consist of nineteen members to be appointed as
25 follows:
26 (a) the commissioner, or his or her designee;
27 (b) the commissioner of labor, or his or her designee;
28 (c) the president of the empire state development corporation, or his
29 or her designee;
30 (d) the chancellor of the state university of New York, or his or her
31 designee;
32 (e) the commissioner of transportation, or his or her designee;
33 (f) the commissioner of environmental conservation, or his or her
34 designee;
35 (g) one member appointed by the speaker of the assembly, with exper-
36 tise in one or more of the following areas: meat processing, fiber proc-
37 essing, dairy processing, or agriculture;
38 (h) one member appointed by the minority leader of the assembly, with
39 expertise in one or more of the following areas: meat processing, fiber
40 processing, dairy processing, or agriculture;
41 (i) one member appointed by the temporary president of the senate,
42 with expertise in one or more of the following areas: meat processing,
43 fiber processing, dairy processing, or agriculture;
44 (j) one member appointed by the minority leader of the senate, with
45 expertise in one or more of the following areas: meat processing, fiber
46 processing, dairy processing, or agriculture;
47 (k) the head of the food bank association of New York state, or his or
48 her designee;
49 (l) one member who serves as the executive director of a regional food
50 bank;
51 (m) one member who has owned and/or operated meat processing oper-
52 ations in New York for a period of at least five years;
53 (n) one member who has owned and/or operated a fiber processing opera-
54 tion in New York for a period of at least five years;
55 (o) one member who has owned and/or operated a dairy farm in New York
56 for a period of at least ten years;
A. 5708 5
1 (p) one member who is an active meat inspector;
2 (q) one member who is an active dairy inspector;
3 (r) one member who is a livestock producer; and
4 (s) one member who has owned and/or operated an active produce farm
5 for a period of at least ten years.
6 3. Appointments shall be made to the commission within ninety days of
7 the effective date of this article. Commission members shall receive no
8 compensation for their services but shall be reimbursed for actual and
9 necessary expenses incurred in the performance of their duties.
10 4. The commission shall be authorized to hold public hearings and
11 meetings to enable it to accomplish its duties. The commission may
12 consult with any organization, educational institution, other government
13 entity or agency or person in the development of its report.
14 5. The commission shall be tasked with undertaking a comprehensive
15 examination of the logistical, legal, economic and regulatory challenges
16 faced by the meat, fiber and dairy processing industries in New York
17 state, with the objective of issuing recommendations in order to miti-
18 gate these challenges to encourage expansion of this economic sector.
19 Among other matters, the commission shall examine the following areas of
20 concern:
21 (a) Lack of inspectors;
22 (b) Utilities infrastructure;
23 (c) Labor law;
24 (d) All state and local regulations, including required documentation;
25 (e) Shortages of skilled, trained labor;
26 (f) Financial costs of construction of meat, fiber and dairy process-
27 ing facilities; and
28 (g) Any further issues that the commission shall deem necessary. Upon
29 receipt of recommendations from the commission, the commissioner shall,
30 within ninety days, promulgate rules and regulations necessary for
31 effectuating the intent of the recommendations made by the commission.
32 6. The commission shall direct the state university of New York to
33 increase and maintain educational and training programs devoted to the
34 rendering process, given its essential role in processing of this nature
35 and the shortfalls currently faced by the state in terms of rendering
36 capacity.
37 7. The commission will submit recommendations to the governor and the
38 legislature concerning the number of processing plants to be constructed
39 and where these facilities should be located, in order to achieve the
40 most beneficial economic impact in various regions of the state. The
41 commission shall issue a report detailing such recommendations for
42 improving the state's prospects concerning in-state meat, fiber and
43 dairy processing within nine months of the enactment of this article.
44 Recommendations specific to the cost and construction of meat, fiber and
45 dairy processing facilities shall be subject to approval and appropri-
46 ation of funds by the legislature.
47 § 291-g. Personal service cost assistance program. There is hereby
48 created within the NY food insecurity, farm resiliency and rural poverty
49 office, the personal service cost assistance program. Subject to the
50 availability of funds, the sum of two million dollars shall be annually
51 available to fund such program. Such program shall be established and
52 funded to offset the hiring costs of additional personnel in support of
53 expanded food bank operations, including but not limited to transporta-
54 tion personnel. No raises or additional compensation for existing
55 employees will be permitted from this funding.
A. 5708 6
1 § 291-h. Beginning farmers grant program. There is hereby created
2 within the NY food insecurity, farm resiliency and rural poverty office,
3 the beginning farmers grant program. Subject to the availability of
4 funds, the sum of one million dollars shall be made available to fund
5 the beginning farmers grant program. Such program shall be funded for
6 grants to be awarded under the beginning farmers NY fund pursuant to
7 section sixteen-w of the urban development corporation act.
8 § 291-i. Farm infrastructure and equipment grant program. There is
9 hereby created within the NY food insecurity, farm resiliency and rural
10 poverty office, the farm infrastructure and equipment grant program.
11 Subject to the availability of funds, the sum of six million dollars
12 shall be made available to fund such program. Matching grants are hereby
13 established to help fund the costs of infrastructure improvements and
14 equipment purchases for established New York farmers who have been in
15 business for ten years or more. Eligible applicants shall be responsible
16 for ten percent of funding, leveraging ninety percent in state funds.
17 Capital grants may be utilized to improve farm profitability, purchase
18 machinery, including but not limited to, automated farming equipment
19 and/or for the construction or improvement of physical structures.
20 Grants to eligible applicants, which shall include veterans and disabled
21 persons, shall not exceed one hundred thousand dollars.
22 § 291-j. Commercial real estate and warehousing grant program. There
23 is hereby created within the NY food insecurity, farm resiliency and
24 rural poverty office, the commercial real estate and warehousing grant
25 program. Subject to the availability of funds, the sum of six million
26 dollars shall be made available to fund such program. Matching grants
27 are hereby established to help fund the costs of commercial real estate
28 acquisition, as well as the construction of additional warehouse space,
29 for each of New York's regional food banks, which shall include but not
30 be limited to, Island Harvest, Ltd. and City Harvest, Inc. Eligible
31 applicants shall provide twenty percent funding, leveraging eighty
32 percent provided by state funds. Grants to eligible applicants may not
33 exceed six hundred thousand dollars.
34 § 291-k. Cold storage equipment grant program. There is hereby created
35 within the NY food insecurity, farm resiliency and rural poverty office,
36 the cold storage equipment grant program. Subject to the availability of
37 funds, the sum of five hundred thousand dollars shall be annually avail-
38 able to fund such program. Matching grants are hereby established to
39 help fund the purchase by non-profits and local food pantries of commer-
40 cial and residential-scale cold-storage equipment. Eligible applicants
41 must provide ten percent funding, leveraging ninety percent by state
42 funds. Grants to eligible applicants may not exceed five thousand
43 dollars.
44 § 291-l. Cold storage transportation grant program. There is hereby
45 created within the NY food insecurity, farm resiliency and rural poverty
46 office, the cold storage transportation grant program. Subject to the
47 availability of funds, the sum of three million dollars shall be made
48 available to fund such program. Matching grants are hereby established
49 to help fund the purchase, by regional food banks and associated non-
50 profit organizations, of refrigerated box trucks, trailers, and any
51 vehicles containing or equipped with refrigeration equipment. Eligible
52 applicants must provide twenty percent funding, leveraging eighty
53 percent by state funds. Grants to eligible applicants may not exceed one
54 hundred thousand dollars.
55 § 291-m. Transportation fuel reimbursement program. There is hereby
56 created within the NY food insecurity, farm resiliency and rural poverty
A. 5708 7
1 office, the transportation fuel reimbursement program. Subject to the
2 availability of funds, the sum of five hundred thousand dollars shall be
3 annually available to fund such program. Such program shall be estab-
4 lished and funded to provide reimbursements of fuel costs associated
5 with increased vehicle use by regional food banks and eligible non-pro-
6 fit organizations, subject to the availability of funds.
7 § 291-n. FarmNet program. There is hereby created within the NY food
8 insecurity, farm resiliency and rural poverty office, the FarmNet
9 program. Subject to the availability of funds, the sum of seven hundred
10 eighteen thousand dollars shall be annually available to fund such
11 program.
12 § 4. Hunger prevention and nutrition assistance program. There is
13 hereby created within the department of health, the hunger prevention
14 and nutrition assistance program. Subject to the availability of funds,
15 the sum of four million dollars shall be annually available to fund such
16 program. The commissioner of the department of health is hereby directed
17 to utilize such funding, allocated according to a formula which he or
18 she shall devise, to award one new hunger prevention and nutrition
19 assistance program contract each to the following non-profit organiza-
20 tions: City Harvest, Inc. and Island Harvest, Ltd.
21 § 5. Nutrition outreach education program. There is hereby created
22 within the office of temporary and disability assistance, the nutrition
23 outreach education program. Subject to the availability of funds, the
24 sum of two million dollars shall be annually available to fund such
25 program. Such program shall be established and funded to provide grants
26 to community-based organizations for nutrition outreach in areas where a
27 significant percentage or number of those potentially eligible for food
28 assistance programs are not participating in such programs.
29 § 6. Paragraph (a) of subdivision 52 of section 210-B of the tax law,
30 as added by section 4 of part DDD of chapter 59 of the laws of 2017, is
31 amended to read as follows:
32 (a) General. In the case of a taxpayer that is an eligible farmer,
33 there shall be allowed a credit, to be computed as hereinafter provided
34 against the tax imposed by this article for taxable years beginning on
35 and after January first, two thousand eighteen. The amount of the credit
36 shall be [twenty-five] fifty percent of the fair market value of the
37 taxpayer's qualified donations made to any eligible food pantry during
38 the taxable year, not to exceed five thousand dollars per taxable year.
39 If the taxpayer is a partner in a partnership, then the cap imposed by
40 the preceding sentence shall be applied at the entity level, so that the
41 aggregate credit allowed to all partners of such entity in the taxable
42 year does not exceed five thousand dollars.
43 § 7. Paragraph 1 of subsection (n-2) of section 606 of the tax law, as
44 added by section 1 of part DDD of chapter 59 of the laws of 2017, is
45 amended to read as follows:
46 (1) General. In the case of a taxpayer who is an eligible farmer,
47 there shall be allowed a credit, to be computed as hereinafter provided,
48 against the tax imposed by this article for taxable years beginning on
49 and after January first, two thousand eighteen. The amount of the credit
50 shall be [twenty-five] fifty percent of the fair market value of the
51 taxpayer's qualified donations made to any eligible food pantry during
52 the taxable year, not to exceed five thousand dollars per taxable year.
53 If the taxpayer is a partner in a partnership or a shareholder of a New
54 York S corporation, then the cap imposed by the preceding sentence shall
55 be applied at the entity level, so that the aggregate credit allowed to
A. 5708 8
1 all partners or shareholders of such entity in the taxable year does not
2 exceed five thousand dollars.
3 § 8. Subparagraph 3 of paragraph (a) of section 5-3.1 of the estates,
4 powers and trusts law, as amended by chapter 437 of the laws of 2010, is
5 amended to read as follows:
6 (3) Domestic and farm animals with their necessary food for sixty
7 days, farm machinery, [one tractor] two tractors and one lawn tractor,
8 not exceeding in aggregate value [twenty] one hundred thousand dollars.
9 § 9. Subdivision 3 of section 701 of the labor law, as amended by
10 chapter 43 of the laws of 1989, paragraph (a) as amended by chapter 105
11 of the laws of 2019 and paragraph (c) as amended by section 2 of part II
12 of chapter 58 of the laws of 2020, is amended to read as follows:
13 3. (a) The term "employees" includes but is not restricted to any
14 individual employed by a labor organization; any individual whose
15 employment has ceased as a consequence of, or in connection with, any
16 current labor dispute or because of any unfair labor practice, and who
17 has not obtained any other regular and substantially equivalent employ-
18 ment; and shall not be limited to the employees of a particular employ-
19 er, unless the article explicitly states otherwise, but shall not
20 include any individual employed by his parent or spouse or in the domes-
21 tic service of and directly employed, controlled and paid by any person
22 in his home, any individual whose primary responsibility is the care of
23 a minor child or children and/or someone who lives in the home of a
24 person for the purpose of serving as a companion to a sick, convalescing
25 or elderly person or any individuals employed only for the duration of a
26 labor dispute, or any individuals employed as farm laborers or, any
27 individual who participates in and receives rehabilitative or therapeu-
28 tic services in a charitable non-profit rehabilitation facility or shel-
29 tered workshop or any individual employed in a charitable non-profit
30 rehabilitation facility or sheltered workshop who has received rehabili-
31 tative or therapeutic services and whose capacity to perform the work
32 for which he is engaged is substantially impaired by physical or mental
33 deficiency or injury.
34 (b) The term "employee" shall also include a professional musician or
35 a person otherwise engaged in the performing arts who performs services
36 as such. "Engaged in the performing arts" shall mean performing services
37 in connection with production of or performance in any artistic endeavor
38 which requires artistic or technical skill or expertise.
39 [(c) The term "employee" shall also include farm laborers. "Farm
40 laborers" shall mean any individual engaged or permitted by an employer
41 to work on a farm. Members of an agricultural employer's immediate fami-
42 ly who are related to the third degree of consanguinity or affinity
43 shall not be considered to be employed on a farm if they work on a farm
44 out of familial obligations and are not paid wages, or other compen-
45 sation based on their hours or days of work.]
46 § 10. The closing paragraph of subdivision 1 of section 161 of the
47 labor law is REPEALED.
48 § 11. Paragraphs b and d of subdivision 2 of section 161 of the labor
49 law, as amended by chapter 105 of the laws of 2019, are amended to read
50 as follows:
51 b. Employees in dairies, creameries, milk condenseries, milk powder
52 factories, milk sugar factories, milk shipping stations, butter and
53 cheese factories, ice cream manufacturing plants and milk bottling
54 plants, where not more than seven persons are employed;
A. 5708 9
1 d. Employees whose duties include not more than three hours' work on
2 Sunday in setting sponges in bakeries, caring for live animals, main-
3 taining fires, or making necessary repairs to boilers or machinery.
4 § 12. Section 163-a of the labor law is REPEALED.
5 § 13. The opening paragraph of paragraph (a) of subdivision 6 of
6 section 511 of the labor law, as amended by chapter 105 of the laws of
7 2019, is amended to read as follows:
8 The term "employment" [includes] does not include agricultural labor
9 unless it is covered pursuant to section five hundred sixty-four of this
10 article. The term "agricultural labor" includes all service performed:
11 § 14. Section 564 of the labor law, as amended by section 8, subdivi-
12 sion 2 as added and subdivision 3 as renumbered by section 23 of chapter
13 105 of the laws of 2019, is amended to read as follows:
14 § 564. Agricultural labor [crew leaders]. 1. Coverage. (a) Notwith-
15 standing the provisions of section five hundred sixty of this article,
16 an employer of persons engaged in agricultural labor shall become liable
17 for contributions under this article if the employer:
18 (1) has paid cash remuneration of twenty thousand dollars or more in
19 any calendar quarter to persons employed in agricultural labor, and such
20 liability shall commence on the first day of such quarter, or
21 (2) has employed in agricultural labor ten or more persons on each of
22 twenty days during a calendar year or the preceding calendar year, each
23 day being in a different calendar week, and the liability shall in such
24 event commence on the first day of the calendar year, or
25 (3) is liable for the tax imposed under the federal unemployment tax
26 act as an employer of agricultural labor and the liability shall in such
27 event commence on the first day of the calendar quarter in such calendar
28 year when he or she first paid remuneration for agricultural labor in
29 this state.
30 (b) An employer who becomes liable for contributions under paragraph
31 (a) of this subdivision shall cease to be liable as of the first day of
32 a calendar quarter next following the filing of a written application
33 provided the commissioner finds that the employer:
34 (1) has not paid to persons employed in agricultural labor cash remun-
35 eration of twenty thousand dollars or more in any of the eight calendar
36 quarters preceding such day, and
37 (2) has not employed in agricultural labor ten or more persons on each
38 of twenty days during the current or the preceding calendar year, each
39 day being in a different week, and
40 (3) is not liable for the tax imposed under the federal unemployment
41 tax act as an employer of agricultural labor.
42 2. Crew leader. Whenever a person renders services as a member of a
43 crew which is paid and furnished by the crew leader to perform services
44 in agricultural labor for another employer, such other employer shall,
45 for the purpose of this article, be deemed to be the employer of such
46 person, unless:
47 [1.] (a) the crew leader holds a valid certificate of registration
48 under the federal farm labor contractor registration act of nineteen
49 hundred sixty-three or substantially all the members of the crew operate
50 or maintain tractors, mechanized harvesting or crop dusting machinery or
51 any other mechanized equipment which is provided by the crew leader, and
52 [2. Exclusion from coverage. For purposes of this section the term
53 "employment" shall not include services rendered by an individual who is
54 admitted to the United States to perform agricultural labor pursuant to
55 8 USC 1188 if, at the time such services are rendered, they are excluded
A. 5708 10
1 from the definition of employment in section 3306(c) of the Federal
2 Unemployment Tax Act.
3 3.] (b) the crew leader is not an employee of such other employer and
4 has not entered into a written agreement with such employer under which
5 he or she is designated as an employee.
6 § 15. Paragraph (m) of subdivision 5 of section 225 of the public
7 health law, as amended by chapter 105 of the laws of 2019, is amended to
8 read as follows:
9 (m) require that application be made for a permit to operate a farm or
10 food processing labor camp as defined in the sanitary code; authorize
11 appropriate officers or agencies to issue such a permit when the appli-
12 cant is in compliance with the established regulations; prescribe stand-
13 ards for living quarters at farm and food processing labor camps,
14 including provisions for sanitary conditions; light, air, and safety;
15 protection from fire hazards; maintenance; and such other matters as may
16 be appropriate for security of life or health, provided however, that
17 the provisions of the sanitary code established pursuant to the
18 provisions hereof shall apply to all farm and food processing labor
19 camps intended to house migrant workers and which are occupied by five
20 or more persons. In the preparation of such regulations, the public
21 health and health planning council may request and shall receive techni-
22 cal assistance from the board of standards and appeals of the state
23 department of labor and the state building code commission. Such regu-
24 lation shall be enforced in the same manner as are other provisions of
25 the sanitary code;
26 § 16. Groups 14-a and 14-b of subdivision 1 of section 3 of the work-
27 ers' compensation law, as amended by chapter 105 of the laws of 2019,
28 are amended to read as follows:
29 Group 14-a. On and after January first, nineteen hundred sixty-two,
30 any other employment in a trade, business, or occupation carried on by
31 the employer for pecuniary gain in which one or more employees other
32 than farm laborers are employed.
33 Group 14-b. Employment as a farm laborer as provided herein. A farmer
34 shall provide coverage under this chapter for all farm laborers employed
35 during any part of the twelve consecutive months beginning April first
36 of any calendar year preceded by a calendar year in which the cash
37 remuneration paid to all farm laborers aggregated twelve hundred dollars
38 or more.
39 § 17. Section 51 of the workers' compensation law, as amended by chap-
40 ter 105 of the laws of 2019, is amended to read as follows:
41 § 51. Posting of notice regarding compensation. Every employer who has
42 complied with section fifty of this article shall post and maintain in a
43 conspicuous place or places in and about his place or places of business
44 typewritten or printed in English and Spanish notices in form prescribed
45 by the chairman, stating the fact that he has complied with all the
46 rules and regulations of the chairman and the board and that he has
47 secured the payment of compensation to his employees and their depen-
48 dents in accordance with the provisions of this chapter, but failure to
49 post such notice as herein provided shall not in any way affect the
50 exclusiveness of the remedy provided for by section eleven of this chap-
51 ter. Every employer who owns or operates automotive or horse-drawn vehi-
52 cles and has no minimum staff of regular employees required to report
53 for work at an established place of business maintained by such employer
54 and every employer who is engaged in the business of moving household
55 goods or furniture shall post such notices in each and every vehicle
56 owned or operated by him. Failure to post or maintain such notice in any
A. 5708 11
1 of said vehicles shall constitute presumptive evidence that such employ-
2 er has failed to secure the payment of compensation. The chairman may
3 require any employer to furnish a written statement at any time showing
4 the stock corporation, mutual corporation or reciprocal insurer in which
5 such employer is insured or the manner in which such employer has
6 complied with any provision of this chapter. Failure for a period of ten
7 days to furnish such written statement shall constitute presumptive
8 evidence that such employer has neglected or failed in respect of any of
9 the matters so required. Any employer who fails to comply with the
10 provisions of this section shall be required to pay to the board a fine
11 of [five hundred] up to two hundred fifty dollars for each violation, in
12 addition to any other penalties imposed by law to be deposited into the
13 uninsured employers' fund.
14 § 18. Section 110-b of the workers' compensation law is REPEALED.
15 § 19. The opening paragraph of section 120 of the workers' compen-
16 sation law, as amended by chapter 105 of the laws of 2019, is amended to
17 read as follows:
18 It shall be unlawful for any employer or his or her duly authorized
19 agent to discharge or fail to reinstate pursuant to section two hundred
20 three-b of this chapter, or in any other manner discriminate against an
21 employee as to his or her employment because such employee has claimed
22 or attempted to claim compensation from such employer, [requested a
23 claim form for injuries received in the course of employment,] or
24 claimed or attempted to claim any benefits provided under this chapter
25 or because he or she has testified or is about to testify in a proceed-
26 ing under this chapter and no other valid reason is shown to exist for
27 such action by the employer.
28 § 20. The opening paragraph of paragraph A of subdivision 6 of section
29 201 of the workers' compensation law, as amended by chapter 105 of the
30 laws of 2019, is amended to read as follows:
31 "Employment" means employment in any trade, business or occupation
32 carried on by an employer, except that the following shall not be deemed
33 employment under this article: services performed for the state, a
34 municipal corporation, local governmental agency, other political subdi-
35 vision or public authority; employment subject to the federal railroad
36 unemployment insurance act; service performed on or as an officer or
37 member of the crew of a vessel on the navigable water of the United
38 States or outside the United States; services as farm laborers; casual
39 employment and the first forty-five days of extra employment of employ-
40 ees not regularly in employment as otherwise defined herein; service as
41 golf caddies; and service during all or any part of the school year or
42 regular vacation periods as a part-time worker of any person actually in
43 regular attendance during the day time as a student in an elementary or
44 secondary school. The term "employment" shall include domestic or
45 personal work in a private home. The term "employment" shall not include
46 the services of a licensed real estate broker or sales associate if it
47 be proven that (a) substantially all of the remuneration (whether or not
48 paid in cash) for the services performed by such broker or sales associ-
49 ate is directly related to sales or other output (including the perform-
50 ance of services) rather than to the number of hours worked; (b) the
51 services performed by the broker or sales associate are performed pursu-
52 ant to a written contract executed between such broker or sales associ-
53 ate and the person for whom the services are performed within the past
54 twelve to fifteen months; and (c) the written contract provided for in
55 subparagraph (b) of this paragraph was not executed under duress and
56 contains the following provisions:
A. 5708 12
1 § 21. The opening paragraph of subdivision 5 of section 651 of the
2 labor law, as amended by chapter 105 of the laws of 2019, is amended to
3 read as follows:
4 "Employee" includes any individual employed or permitted to work by an
5 employer in any occupation, but shall not include any individual who is
6 employed or permitted to work: (a) on a casual basis in service as a
7 part time baby sitter in the home of the employer; (b) in labor on a
8 farm; (c) in a bona fide executive, administrative, or professional
9 capacity; [(c)] (d) as an outside salesman; [(d)] (e) as a driver
10 engaged in operating a taxicab; [(e)] (f) as a volunteer, learner or
11 apprentice by a corporation, unincorporated association, community
12 chest, fund or foundation organized and operated exclusively for reli-
13 gious, charitable or educational purposes, no part of the net earnings
14 of which inures to the benefit of any private shareholder or individual;
15 [(f)] (g) as a member of a religious order, or as a duly ordained,
16 commissioned or licensed minister, priest or rabbi, or as a sexton, or
17 as a christian science reader; [(g)] (h) in or for such a religious or
18 charitable institution, which work is incidental to or in return for
19 charitable aid conferred upon such individual and not under any express
20 contract of hire; [(h)] (i) in or for such a religious, educational or
21 charitable institution if such individual is a student; [(i)] (j) in or
22 for such a religious, educational or charitable institution if the earn-
23 ing capacity of such individual is impaired by age or by physical or
24 mental deficiency or injury; [(j)] (k) in or for a summer camp or
25 conference of such a religious, educational or charitable institution
26 for not more than three months annually; [(k)] (l) as a staff counselor
27 in a children's camp; [(l)] (m) in or for a college or university
28 fraternity, sorority, student association or faculty association, no
29 part of the net earnings of which inures to the benefit of any private
30 shareholder or individual, and which is recognized by such college or
31 university, if such individual is a student; [(m)] (n) by a federal,
32 state or municipal government or political subdivision thereof; [(n)]
33 (o) as a volunteer at a recreational or amusement event run by a busi-
34 ness that operates such events, provided that no single such event lasts
35 longer than eight consecutive days and no more than one such event
36 concerning substantially the same subject matter occurs in any calendar
37 year, where (1) any such volunteer shall be at least eighteen years of
38 age, (2) a business seeking coverage under this paragraph shall notify
39 every volunteer in writing, in language acceptable to the commissioner,
40 that by volunteering his or her services, such volunteer is waiving his
41 or her right to receive the minimum wage pursuant to this article, and
42 (3) such notice shall be signed and dated by a representative of the
43 business and the volunteer and kept on file by the business for thirty-
44 six months; or [(o)] (p) in the delivery of newspapers or shopping news
45 to the consumer by a person who is not performing commercial goods
46 transportation services for a commercial goods transportation contractor
47 within the meaning of article twenty-five-C of this chapter. The exclu-
48 sions from the term "employee" contained in this subdivision shall be as
49 defined by regulations of the commissioner.
50 § 22. Subdivision 1 of section 674 of the labor law, as amended by
51 chapter 105 of the laws of 2019, is amended to read as follows:
52 1. The commissioner may promulgate such regulations as he deems appro-
53 priate to carry out the purposes of this article and to safeguard mini-
54 mum wage standards. Such regulations may include, but are not limited
55 to, the defining of the circumstances or conditions for the acceptance
56 of non-hourly rates and piece rates as equivalent to the minimum hourly
A. 5708 13
1 rates established by this article. Such regulations also may include,
2 but are not limited to, waiting time and call-in pay rates; wage
3 provisions governing guaranteed earnings during specified periods of
4 work; allowances for meals, lodging, and other items, services and
5 facilities when furnished by the employer; and the employment of indi-
6 viduals whose earning capacity is affected or impaired by youth or age,
7 or by physical or mental deficiency or injury, under special certif-
8 icates issued by the commissioner, at such wages lower than the minimum
9 wage established by this article and for such period as shall be
10 prescribed in such regulations.
11 § 23. Subdivision 2 of section 701 of the labor law, as amended by
12 chapter 105 of the laws of 2019, is amended to read as follows:
13 2. [(a)] The term "employer" includes any person acting on behalf of
14 or in the interest of an employer, directly or indirectly, with or with-
15 out his knowledge, and shall include any person who is the purchaser of
16 services performed by a person described in paragraph (b) of subdivision
17 three of this section, but a labor organization or any officer or agent
18 thereof shall only be considered an employer with respect to individuals
19 employed by such organization.
20 [(b) The term "employer" includes agricultural employers. The term
21 "agricultural employer" shall mean any employer engaged in cultivating
22 the soil or in raising or harvesting any agricultural or horticultural
23 commodity including custom harvesting operators, and employers engaged
24 in the business of crops, livestock and livestock products as defined in
25 section three hundred one of the agriculture and markets law, or other
26 similar agricultural enterprises.]
27 § 24. The closing paragraph of section 703 of the labor law is
28 REPEALED.
29 § 25. Section 704-b of the labor law is REPEALED.
30 § 26. Subdivision 1-a of section 705 of the labor law is REPEALED.
31 § 27. Section 702-b of the labor law is REPEALED.
32 § 28. Section 674-a of the labor law is REPEALED.
33 § 29. The sum of thirty-five million seven hundred thousand dollars
34 ($35,700,000), or so much thereof as may be necessary, is hereby appro-
35 priated to the department of agriculture and markets from any moneys in
36 the state treasury in the general fund to the credit of the state
37 purposes account for the initial capital of the NY Food Insecurity, Farm
38 Resiliency and Rural Poverty Initiative in carrying out the provisions
39 of this act. Such sum shall be payable on the audit and warrant of the
40 state comptroller on vouchers certified or approved in the manner
41 provided by law. No expenditure shall be made from this appropriation
42 until a certificate of approval of availability shall have been issued
43 by the director of the budget and filed with the state comptroller and a
44 copy filed with the chairman of the senate finance committee and the
45 chairman of the assembly ways and means committee. Such certificate may
46 be amended from time to time by the director of the budget and a copy of
47 each such amendment shall be filed with the state comptroller, the
48 chairman of the senate finance committee and the chairman of the assem-
49 bly ways and means committee.
50 § 30. This act shall take effect immediately; provided, however, that
51 section three of this act shall take effect on the one hundred eightieth
52 day after it shall have become a law. Effective immediately, the addi-
53 tion, amendment and/or repeal of any rule or regulation necessary for
54 the implementation of this act on its effective date are authorized to
55 be made and completed on or before such effective date.
