Provides that where sewage sludge or other sludge or any product made from sewage sludge or other sludge is applied upon land receiving an agricultural assessment, such land shall be ineligible for such assessment; where only a portion of such land is affected, the assessor shall prorate such agricultural assessment.
STATE OF NEW YORK
________________________________________________________________________
1940
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
COOK -- read once and referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to agricul-
tural assessments of land applied with sludge
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 305 of the agriculture and markets
2 law is amended by adding a new paragraph g to read as follows:
3 g. (i) Notwithstanding any other provision of law, if sewage sludge or
4 other sludge or any product made from sewage sludge or other sludge, is
5 applied upon land, such application shall render the land upon which
6 such application occurred ineligible for an agricultural assessment
7 pursuant to this section or section three hundred six of this article
8 beginning with the assessment roll prepared on the basis of the first
9 taxable status date occurring on or after such application. If the land
10 upon which such application has occurred constitutes only a portion of a
11 parcel described on the assessment roll, the assessor shall apportion
12 the assessment, and adjust the agricultural assessment attributable to
13 the portion of the parcel not subject to the application by subtracting
14 the proportionate part of the agricultural assessment attributable to
15 the portion upon which application has occurred. No land shall be
16 rendered ineligible for an agricultural assessment as a result of any
17 application of sewage sludge or other sludge or any product made from
18 sewage sludge or other sludge made at any time upon such land, provided
19 that one or more of such applications occurred before the effective date
20 of this paragraph.
21 (ii) For purposes of this paragraph, the following terms shall have
22 the following meanings:
23 (a) "sludge" means any solid, semi-solid or liquid waste generated
24 from a wastewater treatment plant, water supply treatment plant or air
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05887-01-3
A. 1940 2
1 pollution control facility, but shall not include the treated effluent
2 from a wastewater treatment plant or the food processing wastes gener-
3 ated from a food processing establishment licensed pursuant to the
4 provisions of article twenty-C of this chapter; and
5 (b) "sewage sludge" means the accumulated semi-solids or solids
6 resulting from treatment of wastewaters from publicly or privately owned
7 or operated sewage treatment plants.
8 § 2. This act shall take effect on the thirtieth day after it shall
9 have become a law.