Enacts the "New York farmer recruitment and retention act of 2011"; directs the board of regents and the education department to investigate and study undergraduate agricultural programs with the goal of identifying programs which encourage entry into agricultural production; establishes agriculture producer scholarships for students who agree to be agriculture producers in the state for a certain period of time after graduation; establishes the producer's loan foregiveness program; directs the board of regents and the education department to establish and implement an outreach program to encourage elementary and secondary school students to enter the agricultural field; directs the commissioner of agriculture and markets to report to the governor and the legislature on reducing taxation on land used in agricultural production; appropriates funds therefor.
STATE OF NEW YORK
________________________________________________________________________
4590
2011-2012 Regular Sessions
IN ASSEMBLY
February 4, 2011
___________
Introduced by M. of A. CROUCH, KOLB, BURLING, MOLINARO, GIGLIO, HAWLEY,
AMEDORE, BARCLAY, FINCH, OAKS, RAIA -- read once and referred to the
Committee on Agriculture
AN ACT to enact the "New York farmer recruitment and retention act of
2011"; to direct the board of regents and education department to
study agricultural education programs (Part A); to amend the education
law, in relation to enacting the "agriculture producer scholarship
act" and making appropriations therefor (Part B); to amend the educa-
tion law, in relation to establishing the producer's loan forgiveness
program (Part C); to direct the board of regents and the education
department to implement an outreach program to encourage elementary
and secondary students to enter the agricultural field (Part D); and
to direct the commissioner of agriculture and markets to report on
reducing the taxation for landowners who use their land for agricul-
tural production (Part E)
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 "New York farmer recruitment and retention act of 2011".
3 § 2. This act enacts into law major components of legislation which
4 are necessary to enact this chapter of the laws of 2011. Each component
5 is wholly contained within a Part identified as Parts A through E. The
6 effective date for each particular provision contained within such Part
7 is set forth in the last section of such Part. Any provision in any
8 section contained within a Part, including the effective date of the
9 Part, which makes reference to a section "of this act", when used in
10 connection with that particular component, shall be deemed to mean and
11 refer to the corresponding section of the Part in which it is found.
12 Section four of this act sets forth the general effective date of this
13 act.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04915-01-1
A. 4590 2
1 PART A
2 Section 1. Legislative findings and intent. The legislature hereby
3 recognizes the need to increase the number of producers to continue the
4 long tradition of agricultural production in New York state. The average
5 age of a farm operator in the state is fifty-four years of age. In 2004,
6 less than 1,000 students were awarded degrees in agriculture by a
7 college in this state and the majority of these degrees were not awarded
8 in a discipline leading to a career as a producer. The agricultural
9 industry has a substantial impact on the overall economic health and
10 well-being of the state, and it is in the best interest of the state to
11 ensure that enough producers are recruited and retained in agricultural
12 production.
13 § 2. The board of regents and the education department, in consulta-
14 tion with the department of agriculture and markets, shall:
15 (a) Investigate current education programs for agriculture in voca-
16 tional-technical schools, community colleges and universities, to iden-
17 tify the scope of agricultural education programs in the state;
18 (b) Identify non-traditional college education programs administered
19 in other states and other countries;
20 (c) Develop a model for articulation and career mobility to enable
21 producers in every agricultural production field to progress to owner-
22 ship or management of land used in agricultural production, as defined
23 in subdivision 4 of section 301 of the agriculture and markets law; and
24 (d) Develop models for innovative agriculture education programs that
25 will encourage individuals to become producers, utilizing an agricul-
26 tural mentoring program from degree award to retirement, including
27 continuing education opportunities.
28 § 3. The board of regents and the education department shall present
29 their final findings and recommendations to the legislature on or before
30 January 1, 2012.
31 § 4. This act shall take effect immediately.
32 PART B
33 Section 1. Short title. This act shall be known and may be cited as
34 the "agriculture producer scholarship act".
35 § 2. Section 605 of the education law is amended by adding a new
36 subdivision 13 to read as follows:
37 13. Agriculture producer scholarships. a. Purpose. The commissioner
38 shall award scholarships for the purpose of increasing the number of
39 producers in the state. Such scholarships shall be awarded on a compet-
40 itive basis, in accordance with criteria established by the commission-
41 er, to state residents who demonstrate academic merit for admission to
42 an undergraduate agriculture program which the commissioner determines
43 will enhance the recipient's proficiency as an agricultural operator.
44 b. Eligibility. To be eligible for an award pursuant to this subdivi-
45 sion, applicants shall agree to serve, upon completion of the degree
46 program, as a producer on a full-time basis within the state. Such
47 service shall be completed in accordance with criteria established by
48 the commissioner.
49 c. Agreements. The president shall, in consultation with the commis-
50 sioner, develop and secure from each successful applicant a written
51 agreement to serve as an agricultural operator in this state. Within
52 such time as the commissioner shall by regulation provide, a recipient
53 of an award shall have served for that number of months calculated by
A. 4590 3
1 multiplying by nine the number of annual payments received by the recip-
2 ient. In no case shall the total number of months of service required be
3 less than twenty-four. If a recipient fails to comply fully with such
4 conditions, the president shall be entitled to receive from such recipi-
5 ent an amount to be determined by the formula:
6 A=2B (t-s)
7 ----
8 t
9 in which "A" is the amount the president is entitled to recover; "B"
10 is the sum of all payments made to the recipient and the interest on
11 such amount which would be payable if at the times such awards were paid
12 they were loans bearing interest at the maximum prevailing rate; "t" is
13 the total number of months in the recipient's period of obligated
14 services; and "s" is the number of months of service actually rendered
15 by the recipient. Any amount which the president is entitled to recover
16 pursuant to this paragraph shall be paid within the five-year period
17 beginning on the date that the recipient failed to comply with this
18 service condition. Nothing in the written agreement shall affect the
19 terms of employment of the individual who shall negotiate, separate and
20 apart from the program, his or her salary and other forms of employment
21 with an agency, institution or a program, in which he or she shall be
22 employed. Any obligation to comply with such provisions as outlined in
23 this subdivision shall be cancelled upon the death of the recipient. The
24 commissioner shall make regulations to provide for the waiver or suspen-
25 sion of any financial obligation which would involve extreme hardship.
26 d. Report. A recipient of an award shall report annually to the New
27 York state higher education services corporation, on forms prescribed by
28 it, as to the performance of the required services, commencing with the
29 calendar year in which the recipient begins to serve as an agriculture
30 producer in this state and continuing until the recipient shall have
31 completed, or it is determined that he or she shall not be obligated to
32 complete, the required services. If the recipient shall fail to file any
33 report required pursuant to this paragraph within thirty days of written
34 notice to the recipient, mailed to the address shown on the last appli-
35 cation for an award or last report filed, whichever is later, the presi-
36 dent may impose a fine of up to one thousand dollars. The president
37 shall have the discretion to waive the filing of a report, excuse a
38 delay in filing or a failure to file a report, or waive or reduce any
39 fine imposed for good cause shown.
40 § 3. The education law is amended by adding a new section 671-a to
41 read as follows:
42 § 671-a. Agriculture producer scholarships. 1. Number and certif-
43 ication. Twenty-five agriculture producer scholarships shall be awarded
44 in the two thousand twelve--two thousand thirteen academic year and an
45 additional twenty-five scholarships shall be awarded in the two thousand
46 thirteen--two thousand fourteen academic year. Such scholarships shall
47 be allocated as provided in subdivision thirteen of section six hundred
48 five of this title to eligible students as certified to the president by
49 the commissioner.
50 2. Duration. Each such scholarship shall entitle the recipient to an
51 annual award for each year while enrolled in an approved course of study
52 leading to an undergraduate degree in agriculture, but not exceeding the
53 normal period of study required to complete the requirements for the
54 program, as such approved courses and normal periods of study are deter-
55 mined by the commissioner.
A. 4590 4
1 3. Amount. The president shall make annual awards of fifteen thousand
2 dollars, for up to four academic years for any recipient, except that
3 such annual award shall not exceed the recipient's cost of attendance.
4 For the purposes of this subdivision, "cost of attendance" shall mean
5 the cost of: tuition at an approved undergraduate program in agricul-
6 ture; laboratory and other fees; room and board; supplies; health insur-
7 ance coverage; books and a stipend for daily living expenses in an
8 amount to be determined by the president in consultation with the
9 commissioner.
10 § 4. The sum of fifty thousand dollars ($50,000), or so much thereof
11 as may be necessary, is hereby appropriated to the education department
12 out of any moneys in the state treasury in the general fund to the cred-
13 it of the state operations account, not otherwise appropriated, for its
14 services and expenses incurred to administer and implement the
15 provisions of this act in the 2012--2013 state fiscal year. Such sum
16 shall be payable on vouchers certified or approved by the commissioner
17 of education upon audit and warrant of the state comptroller in the
18 manner prescribed by law.
19 § 5. The sum of one million five hundred thousand dollars
20 ($1,500,000), or so much thereof as may be necessary, is hereby appro-
21 priated to the higher education services corporation out of any moneys
22 in the state treasury in the general fund to the credit of the local
23 assistance account, not otherwise appropriated, to carry out the
24 purposes of this act, including costs of award of scholarships and for
25 its services and expenses incurred to administer and implement the
26 provisions of this act in the 2012--2013 state fiscal year. Such sum
27 shall be payable on vouchers certified or approved by the president of
28 the higher education services corporation upon audit and warrant of the
29 state comptroller in the manner prescribed by law.
30 § 6. This act shall take effect immediately, and shall be deemed to
31 have been in full force and effect on and after April 1, 2011.
32 PART C
33 Section 1. Section 605 of the education law is amended by adding a new
34 subdivision 14 to read as follows:
35 14. Producer's loan forgiveness program. Regents loan forgiveness
36 awards shall be awarded annually to farm operator applicants who agree
37 to operate an agricultural operation on a full-time basis. Such awards
38 shall be granted annually, and shall be classified and allocated in
39 accordance with regents rules.
40 a. (1) The applicant shall be a resident or permanent resident alien
41 of this state and a graduate of an institution of higher education
42 approved or registered by the regents.
43 (2) The applicant shall agree to engage in such employment for a peri-
44 od of time which shall be not less than five years.
45 b. Priority shall be accorded to applicants in the following order:
46 (1) First, to any applicant who is completing the second, third,
47 fourth or fifth year of the service requirement and is reapplying for a
48 new award;
49 (2) Second, to any applicant who is economically disadvantaged as
50 defined by the regents;
51 In the event that there are more applicants who have the same priority
52 than there are remaining scholarships, the commissioner shall distribute
53 the remaining number of such scholarships by means of a lottery or other
54 form of random selection.
A. 4590 5
1 c. The commissioner shall then forward approved applications to the
2 president and shall notify unsuccessful applicants.
3 d. The president shall notify applicants of their award entitlement.
4 e. The president shall, in consultation with the commissioner, develop
5 and secure from each successful applicant a written agreement to engage
6 in such employment, as appropriate. Within such time as the commissioner
7 shall by regulation provide, a recipient of an award shall have engaged
8 in such employment as appropriate, for that number of months calculated
9 by multiplying by twelve the number of annual payments received by the
10 recipient. In no case shall the total number of months of service
11 required be less than twenty-four. If a recipient fails to comply fully
12 with such conditions, the president shall be entitled to receive from
13 such recipient an amount to be determined by the formula:
14 A=B(t-s)
15 --------
16 t
17 in which "A" is the amount the president is entitled to recover; "B"
18 is the sum of all payments made to the recipient and the interest on
19 such amount which would be payable if at the times such awards were paid
20 they were loans bearing interest at the maximum prevailing rate; "t" is
21 the total number of months in the recipient's period of obligated
22 services; and "s" is the number of months of service actually rendered
23 by the recipient. Any amount which the president is entitled to recover
24 under this paragraph shall be paid within the five-year period beginning
25 on the date that the recipient failed to comply with this service condi-
26 tion. Nothing in the written agreement shall affect the terms of employ-
27 ment of the individual who shall negotiate, separate and apart from the
28 program, his or her salary and other forms of employment with an agency,
29 institution or a program in which he or she shall be employed.
30 Any obligation to comply with such provisions of this subdivision
31 shall be cancelled upon the death of the recipient. The commissioner
32 shall make regulations to provide for the waiver or suspension of any
33 financial obligation which would involve extreme hardship.
34 f. A recipient of an award shall report annually to the New York state
35 higher education services corporation, on forms prescribed by it, as to
36 the performance of the required services, commencing with the calendar
37 year in which the recipient begins such employment and continuing until
38 the recipient shall have completed, or it is determined that he or she
39 shall not be obligated to complete, the required services. If the recip-
40 ient shall fail to file any report required pursuant to this paragraph
41 within thirty days of written notice to the recipient, mailed to the
42 address shown on the last application for an award or last report filed,
43 whichever is later, the president may impose a fine of up to one thou-
44 sand dollars. The president shall have the discretion to waive the
45 filing of a report, excuse a delay in filing or a failure to file a
46 report, or waive or reduce any fine imposed for good cause shown.
47 § 2. This act shall take effect on the one hundred eightieth day after
48 it shall have become a law; provided, however, that any rules or regu-
49 lations necessary for the timely implementation of this act on its
50 effective date shall be promulgated on or before such effective date.
51 PART D
A. 4590 6
1 Section 1. The board of regents and the education department, in
2 consultation with the department of agriculture and markets, shall
3 develop and implement an outreach campaign encouraging elementary and
4 secondary education students to enter the agricultural field and attend
5 one of New York state's college agriculture education programs. Such
6 outreach campaign shall continue until December 31, 2016 or until
7 enrollment in undergraduate agricultural programs increases by twenty-
8 five percent.
9 § 2. This act shall take effect immediately.
10 PART E
11 Section 1. Report on agriculture taxation. The commissioner of agri-
12 culture and markets shall study and make recommendations to the governor
13 and the legislature within eighteen months of the effective date of this
14 section on reducing the taxation for landowners who use land for the
15 production of agricultural commodities within and outside agricultural
16 districts, pursuant to article 25-AA of the agriculture and markets law.
17 § 2. This act shall take effect immediately.
18 § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
19 sion, section or part of this act shall be adjudged by any court of
20 competent jurisdiction to be invalid, such judgment shall not affect,
21 impair, or invalidate the remainder thereof, but shall be confined in
22 its operation to the clause, sentence, paragraph, subdivision, section
23 or part thereof directly involved in the controversy in which such
24 judgement shall have been rendered. It is hereby declared to be the
25 intent of the legislature that this act would have been enacted even if
26 such invalid provisions had not been included herein.
27 § 4. This act shall take effect immediately provided, however, that
28 the applicable effective date of Parts A through E of this act shall be
29 as specifically set forth in the last section of such Parts.
