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S08707 Summary:

BILL NOS08707A
 
SAME ASNo Same As
 
SPONSORHINCHEY
 
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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S08707 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8707--A
 
                    IN SENATE
 
                                     January 7, 2026
                                       ___________
 
        Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14055-02-6

        S. 8707--A                          2
 
     1    (f) any other severe weather or growing condition  determined  by  the
     2  board to substantially impact agricultural income.
     3    3.  "Eligible  losses"  shall  mean income lost or costs incurred as a
     4  result of eligible weather conditions, including:
     5    (a) lost wages or other compensation;
     6    (b) lost income from destroyed crops, livestock, or other agricultural
     7  products;
     8    (c) debt payment or other ongoing costs;
     9    (d) costs of replanting;
    10    (e) costs of replacing livestock feed;
    11    (f) infrastructure or equipment repair or replacement costs;
    12    (g) farm road or access road repair costs;
    13    (h) other losses as determined by  the  commissioner  in  consultation
    14  with the review board.
    15    4.  "Farm  employer"  shall mean a corporation, including a New York S
    16  corporation, a sole proprietorship, a limited liability  company,  or  a
    17  partnership whose principal business is farming activity.
    18    §  441. Farm security resiliency grant board. 1. There shall be estab-
    19  lished within the department the farm security  resiliency  grant  board
    20  for  purposes  of advising the commissioner regarding the program estab-
    21  lished pursuant to this article.
    22    2. The board shall consist of seven members selected for their experi-
    23  ence  and  expertise  related  to  areas  of  board  responsibility  and
    24  comprised of diverse members of the agriculture industry, including:
    25    (a) the commissioner or the commissioner's designee;
    26    (b) the commissioner of the division of homeland security and emergen-
    27  cy services or such commissioner's designee;
    28    (c)  three  representatives  of agricultural organizations with demon-
    29  strated experience offering  technical  assistance  to  or  advocacy  on
    30  behalf of farmers, to be appointed by the commissioner; and
    31    (d) two current farmers, to be appointed by the commissioner.
    32    3.  The  terms of office of members of the board shall be three years.
    33  Members of the board may be reappointed  for  additional  terms  by  the
    34  commissioner.  Vacancies  shall  be  filled  by the commissioner for the
    35  remainder of the unexpired term and may be  reappointed  for  additional
    36  terms by the commissioner.
    37    4.  A  majority  of  appointed members of the board shall constitute a
    38  quorum.
    39    5. The board shall meet at least quarterly and may  meet  additionally
    40  upon request of the commissioner.
    41    §  442.  Powers  and  duties  of the board. The board shall advise the
    42  commissioner on matters relating to the program established pursuant  to
    43  this  article,  including  but  not  limited  to  sharing  feedback from
    44  impacted parties including farmers and  agricultural  organizations  and
    45  making recommendations related to program administration and efficiency.
    46    §  443.  Application  process.  1.  The  commissioner shall develop an
    47  application form and process for farm employers  to  seek  grant  awards
    48  under  this  article.  The  application  form developed pursuant to this
    49  subdivision shall include, but not be limited to, the following informa-
    50  tion:
    51    (a) A description of the damage that occurred;
    52    (b) An  attestation  that  an  eligible  weather  condition  or  event
    53  occurred;
    54    (c)  An  estimate  of  eligible  losses,  including  documentation  as
    55  required by the commissioner;

        S. 8707--A                          3

     1    (d) A year-end report of farm income and expenses from schedule  F  of
     2  United States Internal Revenue Form 1040 for the previous calendar year;
     3  and
     4    (e) Documentation of any other funds sought or acquired related to the
     5  eligible weather condition or eligible losses, such as insurance.
     6    2.  Applications for a grant award under this article shall be made to
     7  the commissioner. Such applications may be made at any time and shall be
     8  processed in the order such application was received. Applications shall
     9  be accepted until all appropriated funds for grant  awards  pursuant  to
    10  this article have been awarded for the applicable year.
    11    §  444.  Grant  awards.  1. Upon receipt of an application for a grant
    12  award pursuant to this article, the commissioner shall make  a  determi-
    13  nation  regarding  the approval, disapproval, or modification of a grant
    14  award within thirty calendar days of such receipt, provided such  appli-
    15  cation is administratively complete.
    16    2.  In  making  such  determinations,  the commissioner may modify the
    17  amount of the grant award from the amount requested.
    18    3. Within the amount of monies  appropriated  for  such  purpose,  the
    19  commissioner  shall  award  grants  to farm employers that have incurred
    20  substantial financial losses or  substantial  increased  expenses  as  a
    21  result of eligible weather conditions.
    22    4.  Grants  awarded  pursuant  to  this section shall reimburse a farm
    23  employer for up to fifty percent of  uninsured  or  otherwise  uncovered
    24  eligible losses due to eligible weather conditions up to a maximum award
    25  of one hundred fifty thousand dollars per applicant per year.
    26    5.  Grants  awarded  pursuant  to this section shall be distributed to
    27  awardees in a timely manner consistent  with  all  applicable  laws  and
    28  regulations.
    29    6.  Applicants  whose  applications  are  not approved shall receive a
    30  written explanation from the commissioner of the reasons why such appli-
    31  cation was not approved.
    32    § 445. Reporting. 1. By April first of each calendar year,  the  board
    33  shall  submit an annual report to the governor and the legislature which
    34  includes, but need not be limited to:
    35    (a) The total amount of grants awarded pursuant to this article within
    36  the previous calendar year;
    37    (b) Information regarding the application process, including  but  not
    38  limited  to the number of applications received and the number of appli-
    39  cations that were approved in the previous calendar year; and
    40    (c) Any recommendations for improving the functioning of the  program,
    41  including ways to improve accessibility for potential applicants.
    42    §  2.  This  act shall take effect on the ninetieth day after it shall
    43  have become a law.
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