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A06686 Summary:

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A06686 Floor Votes:

A06686 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6686--A
                                                                Cal. No. 450
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 11, 2009
                                       ___________
 
        Introduced  by  M. of A. MAGEE, LIFTON, GUNTHER, GORDON -- read once and
          referred to the Committee on Agriculture -- reported  from  committee,
          advanced  to a third reading, amended and ordered reprinted, retaining
          its place on the order of third reading
 

        AN ACT to amend the agriculture and markets law, in relation to agricul-
          tural protection state assistance payments
 
          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 325 of the agriculture and markets
     2  law,  as  amended by chapter 124 of the laws of 2007, is amended to read
     3  as follows:
     4    1. Subject to the availability of funds, a program  is  hereby  estab-
     5  lished  to  finance through state assistance payments the state share of
     6  the costs of county and municipal agricultural and  farmland  protection
     7  activities.  State assistance payments for planning activities shall not
     8  exceed fifty thousand dollars to each county agricultural  and  farmland
     9  protection  board  or  one  hundred  thousand dollars to two such boards

    10  applying jointly, and shall not exceed fifty  percent  of  the  cost  of
    11  preparing an agricultural and farmland protection plan. State assistance
    12  payments  for  planning activities shall not exceed twenty-five thousand
    13  dollars to each municipality other  than  a  county  or  fifty  thousand
    14  dollars  to  two  such  municipalities  applying  jointly, and shall not
    15  exceed seventy-five percent of the cost of preparing an agricultural and
    16  farmland protection plan.  A  county  which  has  an  approved  farmland
    17  protection  plan  may  after  one hundred twenty months from the date of
    18  such approval by the commissioner apply for additional state  assistance
    19  payments  for  planning  activities  related  to  the  updating of their
    20  current plan or development of a  new  farmland  protection  plan.  Such
    21  additional  state  assistance  payments  shall not exceed fifty thousand

    22  dollars to each county agricultural and farmland protection board or one
    23  hundred thousand dollars to two such boards applying jointly, and  shall
    24  not  exceed  fifty  percent of the cost of preparing an agricultural and
    25  farmland protection plan. State assistance payments  for  implementation
    26  of  approved  agricultural  and farmland protection plans may fund up to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10190-06-0
        A. 6686--A                          2
 
     1  seventy-five percent of the cost of  implementing  the  county  plan  or
     2  portion  of  the plan for which state assistance payments are requested.
     3  State assistance payments to such counties shall not exceed seventy-five

     4  percent  of  the  cost  of implementing the local plan or portion of the
     5  plan for which state assistance has been requested. Such  maximum  shall
     6  be increased by a percentage equal to the percentage of the total eligi-
     7  ble  costs for such specified projects that are contributed by the owner
     8  of the  agricultural  land  for  which  the  project  is  being  funded,
     9  provided,  however,  that  in  no  event  shall  the total of such state
    10  assistance payments exceed eighty-seven and  one-half  percent  of  such
    11  eligible costs for any specified project.
    12    §  2.  Paragraphs  (b)  and (c) of subdivision 2 of section 325 of the
    13  agriculture and markets law, as amended by chapter 93  of  the  laws  of
    14  2010, are amended to read as follows:

    15    (b)  Within  a county, a municipality which has in place a local farm-
    16  land protection plan may apply and shall be  eligible  for  agricultural
    17  protection state assistance payments to implement its plan, or a portion
    18  of  its  plan,  provided the proposed project is endorsed for funding by
    19  the agricultural and farmland protection board for the county  in  which
    20  the  municipality  is  located  and  that any plan developed on or after
    21  January first, two thousand six  complies  with  section  three  hundred
    22  twenty-four-a of this article. State assistance payments to such munici-
    23  palities shall not exceed seventy-five percent of the cost of implement-
    24  ing the local plan or portion of the plan for which state assistance has
    25  been requested. Such maximum shall be increased by a percentage equal to
    26  the  percentage  of the total eligible costs for such specified projects

    27  that are contributed by the owner of the agricultural land for which the
    28  project is being funded; provided, however, that in no event  shall  the
    29  total of such state assistance payments exceed eighty-seven and one-half
    30  percent  of  such  eligible costs for any specified project. The commis-
    31  sioner may require such information or additional planning as he or  she
    32  deems necessary to evaluate such a request for state assistance.
    33    (c)  A not-for-profit conservation organization may apply and shall be
    34  eligible for agricultural protection state assistance payments to imple-
    35  ment a county or municipal agricultural  and  farmland  protection  plan
    36  approved  by  the  commissioner  provided  that  the proposed project is
    37  endorsed for funding by the county agricultural and farmland  protection

    38  board  for  the  county  in  which  the proposed project is located. The
    39  proposed project must also be endorsed for funding by  the  municipality
    40  in which the proposed project is located if the not-for-profit conserva-
    41  tion  organization  is  seeking agricultural protection state assistance
    42  payments to implement an approved municipal  agricultural  and  farmland
    43  protection plan. State assistance payments to such not-for-profit organ-
    44  izations shall not exceed seventy-five percent of the cost of implement-
    45  ing the local plan or portion of the plan for which state assistance has
    46  been requested. Such maximum shall be increased by a percentage equal to
    47  the  percentage  of the total eligible costs for such specified projects
    48  that are contributed by the owner of the agricultural land for which the

    49  project is being funded; provided, however, that in no event  shall  the
    50  total of such state assistance payments exceed eighty-seven and one-half
    51  percent  of  such  eligible costs for any specified project. The commis-
    52  sioner may require such information or additional planning as he or  she
    53  deems necessary to evaluate such a request for state assistance.
    54    § 3. This act shall take effect immediately.