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A00601 Summary:

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A00601 Floor Votes:

A00601 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           601
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2009
                                       ___________
 
        Introduced  by  M.  of  A. CAHILL, MAGEE, SCHROEDER, MOLINARO, BACALLES,
          BOYLAND -- Multi-Sponsored by -- M. of A. GIGLIO, P.  LOPEZ,  McENENY,
          RABBITT,  TOWNS -- read once and referred to the Committee on Agricul-
          ture
 
        AN ACT to amend the agriculture and markets law, in relation to  author-

          izing  requests  to  the  commissioner  of  agriculture and markets to
          render an opinion to government officials  on  local  land  use  regu-
          lations, ordinances or local laws pertaining to agricultural practices
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph b of subdivision 1 of section 305-a of the  agri-
     2  culture  and markets law is relettered paragraph c and a new paragraph b
     3  is added to read as follows:
     4    b. Upon the request of any municipality, farm owner or  operator,  the
     5  commissioner shall render an opinion to the appropriate local government
     6  officials,   as   to  whether  farm  operations  would  be  unreasonably
     7  restricted or regulated by proposed changes  in  local  land  use  regu-

     8  lations,  ordinances  or local laws pertaining to agricultural practices
     9  and to the appropriate local land use enforcement officials  administer-
    10  ing local land use regulations, ordinances, or local laws or reviewing a
    11  permit pertaining to agricultural practices.
    12    §  2.  Paragraph  b of subdivision 1 of section 308 of the agriculture
    13  and markets law, as amended by chapter 511  of  the  laws  of  2008,  is
    14  amended to read as follows:
    15    b. Sound agricultural practices refer to those practices necessary for
    16  the  on-farm  production,  preparation  and  marketing  of  agricultural
    17  commodities. Examples of activities which entail practices  the  commis-
    18  sioner  may  consider include, but are not limited to, operation of farm
    19  equipment;  proper  use  of  agricultural  chemicals  and   other   crop

    20  protection methods; direct sale to consumers of agricultural commodities
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
        A                                                          LBD00628-01-9
        A. 601                              2
 
     1  or  foods containing agricultural commodities produced on-farm; agricul-
     2  tural tourism; production, management and harvesting of "farm woodland",
     3  as defined in subdivision three of section three  hundred  one  of  this
     4  article  and  construction  and use of farm structures. The commissioner
     5  shall consult appropriate state agencies and any guidelines  recommended
     6  by  the advisory council on agriculture. The commissioner may consult as
     7  appropriate, the New York state college of agriculture and life sciences

     8  and the U.S.D.A. natural resources  conservation  service,  and  provide
     9  such information, after the issuance of a formal opinion, to the munici-
    10  pality  in  which  the agricultural practice being evaluated is located.
    11  The commissioner shall also consider whether the agricultural  practices
    12  are  conducted by a farm owner or operator as part of his or her partic-
    13  ipation in the AEM program as set forth  in  article  eleven-A  of  this
    14  chapter. Such practices shall be evaluated on a case-by-case basis.
    15    § 3. This act shall take effect immediately.