NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7002B
SPONSOR: Magee (MS) TITLE OF BILL: An act to amend the agriculture and markets law and
the public lands law, in relation to access to viable agricultural land
for new and beginning farmers
PURPOSE OR GENERAL IDEA OF BILL: Would direct the Commissioner of the
New York State Department of Agriculture and Markets to enhance access
to viable agricultural land for new and beginning farmers and would
direct the Commissioner of the Office of General Services to work with
the Commissioner of Agriculture and Markets to develop an inventory of
state-owned real property that may be viable for farming.
SUMMARY OF SPECIFIC PROVISIONS: The bill would amend the Agriculture
and Markets Law to:
- add a new subdivision 2-d to aid in efforts supporting the successful
transfer of viable agricultural land from existing owners to new owners
and operators, especially beginning farmers;
- amend subdivision 5 of § 309 to require the Agriculture Advisory Coun-
cil to provide guidance regarding tax, financial assistance and other
policies and programs that could address the needs of new farmers to the
Commissioner and state agencies;
- amend section § 323 to require the Commissioner to report to the
Governor and Legislature to enhance access to viable agricultural land
for new and beginning farmers; and,
- add a new § 329-a requiring the department to collect and compile
information about both public and private lands available for purchase
or leasing for farming, and make such information available on its
internet website.
The bill would amend § 2 of Public Lands Law to:
-add a new subdivision 2-a directing the Commissioner of the Office of
General Services to work with the Commissioner of Agriculture and
Markets to develop an inventory of available land for farming;
-add a new subdivision 2-b requiring the Commissioner of OGS to report
to the Governor and the Legislature within one year of the effective
date on issues related to selling state lands for farming; and,
-add a new subdivision 3-a directing the Commissioner of OGS to work
with other state agencies to identify land that may be viable for farm-
ing.
JUSTIFICATION: The most recent federal census of agriculture in 2007
found that the average age of farmers in NYS is about 56, up from 50 in
the early 1980s. Facing that reality, the U.S. Secretary of Agriculture
has set a goal of recruiting 100,000 new farmers across the country to
replace those that are retiring. Farming is a difficult business;
several factors, such as the complex process of transferring ownership
of farms and prohibitive capital costs, contribute to the aging of the
farm population and present barriers to younger farmers gaining access
to land. There is increasing interest by young people hoping to find
viable land they can farm. Trends in the marketplace such as the recent
growth in Greek yogurt and other dairy processors, and increased demand
for locally grown foods and beverages from consumers, food service busi-
nesses and institutions, highlight the importance of assisting new farm-
ers starting out.
This bill would emphasize assistance for new and beginning farmers in
existing state law. For example, it would require the State's Agricul-
ture Advisory Council to provide advice to State agencies regarding tax,
financial assistance and other policies and programs that could address
the needs of beginning farmers and the issues they face related to the
transfer of ownership of farms. It would also encourage the identifica-
tion of properties owned by the State that are viable for farming, could
be sold or leased for that purpose, and promote that information among
those interested in purchasing or leasing those properties.
PRIOR LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: Undetermined.
EFFECTIVE DATE: Immediate.
STATE OF NEW YORK
________________________________________________________________________
7002--B
Cal. No. 331
2013-2014 Regular Sessions
IN ASSEMBLY
April 29, 2013
___________
Introduced by M. of A. MAGEE, GUNTHER, JAFFEE, BRINDISI, BARRETT -- read
once and referred to the Committee on Agriculture -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said 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 and the public lands
law, in relation to access to viable agricultural land for new and
beginning farmers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 16 of the agriculture and markets law is amended by
2 adding a new subdivision 2-d to read as follows:
3 2-d. Aid in efforts supporting the successful transfer of viable agri-
4 cultural land from existing owners to new owners and operators, espe-
5 cially beginning farmers.
6 § 2. Subdivision 5 of section 309 of the agriculture and markets law,
7 as added by chapter 79 of the laws of 1980, is amended to read as
8 follows:
9 5. The advisory council on agriculture shall advise the commissioner
10 and other state agency heads on state government plans, policies and
11 programs affecting farming and the agricultural industry of this state
12 including, but not limited to, advice regarding tax, financial assist-
13 ance and other policies and programs that could address the needs of
14 beginning farmers and issues related to transfer of ownership of farms.
15 Concerned state agencies shall be encouraged to establish a working
16 relationship with the council and shall fully cooperate with the council
17 in any requests it shall make.
18 § 3. Subdivision 6 of section 323 of the agriculture and markets law,
19 as amended by chapter 150 of the laws of 2013, is amended to read as
20 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10459-05-4
A. 7002--B 2
1 6. reporting biennially to the governor and the legislature regarding
2 the activities of the commissioner, including efforts to enhance access
3 to viable agricultural land for new and beginning farmers, the types of
4 technical assistance rendered to county agricultural and farmland
5 protection boards, municipalities, soil and water conservation districts
6 and not-for-profit conservation organizations, and the need to protect
7 the state's agricultural economy and land resources.
8 § 4. The agriculture and markets law is amended by adding a new
9 section 329-a to read as follows:
10 § 329-a. Farmland availability information. 1. The department shall
11 collect and compile information about public land that is viable for
12 farming and is available for purchase or lease for farming and make
13 available such information, including contact information for the office
14 of general services, other state agencies, municipalities, and other
15 governmental entities offering such land, on its internet website. The
16 department shall provide guidance and assistance to the office of gener-
17 al services, other state agencies, municipalities and other governmental
18 organizations that request such assistance, in identifying land that is
19 viable for farming.
20 2. The department may also make available similar information about
21 private land available for purchase or lease for farming, including
22 contact information for the owners of such land.
23 § 5. Section 2 of the public lands law is amended by adding two new
24 subdivisions 2-a and 2-b to read as follows:
25 2-a. State-owned real property inventory; farming. a. The commissioner
26 of general services is authorized and directed to develop an inventory,
27 in cooperation with the commissioner of agriculture and markets, of
28 state-owned real property that may be viable for farming.
29 b. If the commissioner determines that any of such property should be
30 made available for purchase or lease for farming then such information
31 shall be provided to the department of agriculture and markets for the
32 farmland availability information program, provided, however, that if
33 the commissioner, in cooperation with the commissioner of agriculture
34 and markets, determines that any of such property should be protected
35 and preserved using article twenty-five-AAA of the agriculture and
36 markets law then information about such property shall not be provided
37 for the farmland availability information program until a review of the
38 merits and feasibility of preserving such property using such article
39 has been considered.
40 2-b. Report. The commissioner shall report to the governor and the
41 legislature within one year of the effective date of this subdivision
42 on:
43 a. the inventory of state-owned real property that may be viable for
44 farming conducted pursuant to subdivision two-a of this section;
45 b. the feasibility of, and barriers to, selling, leasing or using such
46 property for farming;
47 c. the feasibility of using article twenty-five-AAA of agriculture and
48 markets law to protect and preserve such land for farming when such land
49 is sold; and
50 d. any concerns related to selling or leasing such property for farm-
51 ing, including, but not limited to, the types of farming activities that
52 may be appropriate and the environmental and community impacts of farm-
53 ing such properties.
54 § 6. Section 2 of the public lands law is amended by adding a new
55 subdivision 3-a to read as follows:
A. 7002--B 3
1 3-a. Land viable for farming; identification. The commissioner of
2 general services is authorized and directed, as part of the state-owned
3 real property management program, to work with state agencies to identi-
4 fy land that may be viable for farming and may be made available for
5 purchase or lease for farming.
6 § 7. This act shall take effect immediately.
