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A08082 Summary:

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A08082 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8082
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 5, 2015
                                       ___________
 
        Introduced  by M. of A. MAGEE, RUSSELL, SANTABARBARA, SKARTADOS, WOERNER
          -- (at request of the Department of Agriculture and Markets)  --  read
          once and referred to the Committee on Agriculture
 
        AN ACT to amend the agriculture and markets law, in relation to agricul-
          tural  districts  law  improvements; and the real property tax law, in
          relation to tax exemptions for certain structures on agricultural  and
          horticultural  lands; and to repeal certain provisions of the agricul-
          ture and markets law relating to agricultural districts
 
          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-e to read as follows:
     3    2-e. Develop, and update, guidance and other information to:
     4    (i)  assist  county  legislative  bodies,  agricultural  and  farmland
     5  protection boards and departments in creating and reviewing agricultural
     6  districts pursuant  to  sections  three  hundred  three,  three  hundred
     7  three-a and three hundred three-b of this chapter; and
     8    (ii) assist the commissioner of taxation and finance to support train-
     9  ing  of  assessors  and  any  other  local government officials who have
    10  responsibility for agricultural assessment and taxation.
    11    § 2. Subdivision 3 of section 301 of the agriculture and markets  law,
    12  as  amended  by  chapter  797 of the laws of 1992, is amended to read as
    13  follows:
    14    3. "Farm woodland" means land used for the production  [for  sale]  of
    15  woodland  products intended for sale, including but not limited to logs,
    16  lumber, posts and firewood. Farm woodland shall not include land used to
    17  produce Christmas trees or  land  used  for  the  processing  or  retail
    18  merchandising of woodland products.
    19    § 3. Subdivision 11 of section 301 of the agriculture and markets law,
    20  as  amended  by  chapter  384 of the laws of 2011, is amended to read as
    21  follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09504-05-5
        A. 8082                             2
 
     1    11. "Farm operation" means the land and on-farm buildings,  equipment,
     2  manure  processing and handling facilities, and practices which contrib-
     3  ute to the production, preparation and marketing of crops, livestock and
     4  livestock products as a commercial enterprise, including  a  "commercial
     5  horse  boarding  operation"  as  defined in subdivision thirteen of this
     6  section, a "timber operation" as defined in subdivision fourteen of this
     7  section, "compost, mulch or other biomass crops" as defined in  subdivi-
     8  sion  [sixteen]  seventeen of this section and "commercial equine opera-
     9  tion" as defined in subdivision [seventeen] eighteen  of  this  section.
    10  Such farm operation may consist of one or more parcels of owned or rent-
    11  ed land, which parcels may be contiguous or noncontiguous to each other.
    12    § 4. Subdivision 12 of section 301 of the agriculture and markets law,
    13  as  added  by  chapter  534  of  the laws of 1992, is amended to read as
    14  follows:
    15    12. "Agricultural data statement"  means  an  identification  of  farm
    16  operations  within  an agricultural district located within five hundred
    17  feet of the boundary of property upon which an action requiring  munici-
    18  pal  review and approval by the planning board, zoning board of appeals,
    19  town board, or village board of trustees pursuant to article sixteen  of
    20  the  town  law  or  article  seven  of  the  village law is proposed, as
    21  provided in section three hundred [five-a] five-b of this article.
    22    § 5. Subdivisions 16 and 17 of section  301  of  the  agriculture  and
    23  markets law, subdivision 16 as added by chapter 536 of the laws of 2008,
    24  are renumbered subdivisions 17 and 18.
    25    §  6.  Section  303  of the agriculture and markets law, as amended by
    26  chapter 797 of the laws of 1992, subdivision 1 as amended by chapter 463
    27  of the laws of 2014, subparagraph 1 of paragraph a of subdivision  2  as
    28  amended  by chapter 213 of the laws of 2007, subparagraph 3 of paragraph
    29  e of subdivision 2, and subdivisions 5 and 6 as amended by  chapter  102
    30  of the laws of 1998, subdivision 4 as amended by chapter 523 of the laws
    31  of  2003,  paragraph a of subdivision 5 and paragraph a of subdivision 6
    32  as designated by chapter 687 of the laws of 2002 and  subdivision  7  as
    33  amended  by  chapter  357  of  the  laws  of 1997, is amended to read as
    34  follows:
    35    § 303. Agricultural districts; creation. 1. Any  owner  or  owners  of
    36  land  may  submit  a  proposal  to  the  county legislative body for the
    37  creation of an agricultural district within such county,  provided  that
    38  such  owner  or owners own at least two hundred fifty acres [or at least
    39  ten per cent] of the land proposed to  be  included  in  the  district[,
    40  whichever  is greater].  Such proposal shall be submitted in such manner
    41  and form as may be prescribed  by  the  commissioner,  shall  include  a
    42  description  of  the  proposed district, including a map delineating the
    43  exterior boundaries of the district which shall conform  to  tax  parcel
    44  boundaries,  and  the tax map identification numbers for every parcel in
    45  the proposed district. The proposal [may recommend an appropriate] shall
    46  include a review period of [either] eight[, twelve or twenty] years.
    47    2. Upon the receipt of such a proposal, the county legislative body:
    48    a. shall thereupon provide notice of such  proposal  by  publishing  a
    49  notice  in  a  newspaper  having general circulation within the proposed
    50  district and by posting a notice  on  the  home  page  of  the  county's
    51  website;  posting  such  notice  in  five  conspicuous places within the
    52  proposed district; and providing such notice in writing by  first  class
    53  mail  to  those  municipalities whose territory encompasses the proposed
    54  district. The notice shall contain the following information:
    55    (1) a statement that a proposal for an agricultural district has  been
    56  filed with the county legislative body pursuant to this article;
        A. 8082                             3
 
     1    (2)  a  statement  that  the  proposal  will be on file open to public
     2  inspection in the county clerk's office;
     3    (3) a statement that any county landowner or municipality whose terri-
     4  tory  encompasses  the  proposed  district [or any landowner who owns at
     5  least ten per cent of the  land  proposed  to  be  included  within  the
     6  proposed  modification of the proposed district] may propose a modifica-
     7  tion of the proposed  district  in  such  form  and  manner  as  may  be
     8  prescribed by the commissioner [of agriculture and markets];
     9    (4)  a statement that the proposed modification must be filed with the
    10  county clerk and the clerk of the county legislature within thirty  days
    11  [after] of the publication and posting and mailing of such notice; and
    12    (5)  a statement that at the termination of the thirty day period, the
    13  proposal and proposed modifications will be  submitted  to  the  [county
    14  planning  board  and]  county agricultural and farmland protection board
    15  and that thereafter a public hearing  will  be  held  on  the  proposal,
    16  proposed  modifications, and recommendations of the [planning board and]
    17  county agricultural and farmland protection board;
    18    b. shall receive any proposals  for  modifications  of  such  proposal
    19  which  may  be  submitted  by  [such  landowners  or]  proponents of the
    20  district, any county landowners or  municipalities  within  thirty  days
    21  [after] of the publication and posting and mailing of such notice;
    22    c.  shall,  upon the termination of such thirty day period, refer such
    23  proposal and proposed modifications to the county [planning board, which
    24  shall, within forty-five days, report to the county legislative body the
    25  potential effect of such proposal and proposed  modifications  upon  the
    26  county's planning policies and objectives;
    27    d. shall simultaneously, upon the termination of such thirty day peri-
    28  od,  refer such proposal and proposed modifications to the county] agri-
    29  cultural and farmland protection board, which shall, after  consultation
    30  with  the  county  planning  board, within forty-five days report to the
    31  county legislative body its recommendations concerning the proposal  and
    32  proposed modifications[, and]; and
    33    [e.] d. shall hold a public hearing in the following manner:
    34    (1)  The hearing shall be held at a place within the proposed district
    35  or otherwise readily accessible to the proposed district;
    36    (2) The notice shall contain the following information:
    37    (a) a statement of the time, date and place of the public hearing;
    38    (b) a description of the proposed district, any proposed additions and
    39  any recommendations of the [county planning board  or]  county  agricul-
    40  tural and farmland protection board; and
    41    (c) a statement that the public hearing will be held concerning:
    42    (i) the original proposal;
    43    (ii)  any  written  amendments  proposed  during the thirty day review
    44  period; and
    45    (iii) any recommendations proposed  by  the  county  agricultural  and
    46  farmland protection board [and/or the county planning board.];
    47    (3)  The  notice  shall  be  published in a newspaper having a general
    48  circulation within the proposed district and posted on the home page  of
    49  the  county's  website and shall be given in writing by first class mail
    50  to  those  municipalities  whose  territory  encompasses  the   proposed
    51  district  and any proposed modifications, owners of real property within
    52  such a proposed district or any proposed modifications who are listed on
    53  the most recent assessment roll, the commissioner[, the commissioner  of
    54  environmental conservation] and the advisory council on agriculture.
        A. 8082                             4
 
     1    3.  The  following factors shall be considered by the [county planning
     2  board, the] county agricultural and  farmland  protection  board[,]  and
     3  identified as issues for comment at [any] the public hearing:
     4    [i.]  a.  the viability of active farming within the proposed district
     5  and in areas adjacent thereto;
     6    [ii.] b. the presence of any viable farm  lands  within  the  proposed
     7  district and adjacent thereto that are not now in active farming;
     8    [iii.] c. the nature and extent of land uses other than active farming
     9  within the proposed district and adjacent thereto;
    10    [iv.] d. county developmental patterns and needs; and
    11    [v.]  e.  any  other  matters  which [may] the county legislative body
    12  deems to be relevant.
    13    In  judging  viability,  any  relevant  agricultural  viability   maps
    14  prepared  by  the  commissioner  [of  agriculture  and markets] shall be
    15  considered, as well as soil, climate, topography, other natural factors,
    16  markets for farm products, the extent and nature of  farm  improvements,
    17  the  present  status  of  farming,  anticipated  trends  in agricultural
    18  economic conditions and technology, and such other  factors  as  may  be
    19  relevant.
    20    4.  The  county  legislative body, after receiving the [reports of the
    21  county planning board and] report  and  recommendations,  including  any
    22  recommendations of the county planning board, of the county agricultural
    23  and  farmland  protection board and after such public hearing, may adopt
    24  as a plan the proposal or any modification  of  the  proposal  it  deems
    25  appropriate[,  and shall adopt as part of the plan an appropriate review
    26  period of either eight, twelve or twenty  years.  The  plan  as  adopted
    27  shall,  to  the extent feasible, include adjacent viable farm lands, and
    28  exclude, to the extent feasible, nonviable farm land and non-farm  land.
    29  The  plan shall include only whole tax parcels in the proposed district.
    30  The county legislative body shall act to adopt or reject  the  proposal,
    31  or  any  modification  of it, no later than one hundred eighty days from
    32  the date the proposal was submitted to this body. Upon the adoption of a
    33  plan, the county legislative body shall submit it to  the  commissioner.
    34  The  commissioner  may,  upon application by the county legislative body
    35  and for good cause shown, extend the period for adoption and  submission
    36  once  for an additional thirty days. Where he or she does so, the county
    37  legislative body may extend the period for the report  from  the  county
    38  planning board and/or the period for the report from the county agricul-
    39  tural and farmland protection board] or may act to reject the proposal.
    40    5. [a.] All plans that are adopted shall include:  (a) a review period
    41  of eight years; (b) only whole tax parcels in the proposed district; and
    42  (c)  to  the  extent  feasible,  include adjacent viable farm lands, and
    43  exclude, to the extent feasible, nonviable farm land and non-farm land.
    44    6. Upon the adoption of a plan,  the  county  legislative  body  shall
    45  submit  it  to the commissioner. Adopted plans shall be submitted within
    46  one year after receipt of a complete proposal as described  in  subdivi-
    47  sion  one of this section. The commissioner may, upon application by the
    48  county legislative body and for good cause shown, extend the period  for
    49  submission once for up to six additional months.
    50    7.  The  commissioner  shall have sixty days after receipt of the plan
    51  within which to certify to  the  county  legislative  body  whether  the
    52  [proposal,  or  a  modification  of  the proposal,] plan is eligible for
    53  districting, whether the area to be districted consists predominantly of
    54  viable agricultural land, and whether the plan of the proposed  district
    55  is  feasible,  and  will serve the public interest by assisting in main-
    56  taining a viable agricultural  industry  within  the  district  and  the
        A. 8082                             5
 
     1  state. The commissioner shall submit a copy of such plan to the [commis-
     2  sioner  of environmental conservation, who shall have thirty days within
     3  which to report his or her determination to the commissioner. A copy  of
     4  such  plan  shall  also be provided to the] advisory council on agricul-
     5  ture. [The commissioner shall not  certify  the  plan  as  eligible  for
     6  districting  unless  the  commissioner of environmental conservation has
     7  determined that the area to be districted is consistent with state envi-
     8  ronmental plans, policies and objectives.
     9    6. a. Within sixty days after the certification  by  the  commissioner
    10  that the proposed area is eligible for districting, and that districting
    11  would  be consistent with state environmental plans, policies and objec-
    12  tives, the county legislative body may hold  a  public  hearing  on  the
    13  plan,  except  that it shall hold a public hearing if the plan was modi-
    14  fied by the commissioner or was modified by the county legislative  body
    15  after  they  held the public hearing required by paragraph e of subdivi-
    16  sion two of this section and such modification was not considered at the
    17  original hearing. Notice of any such hearing shall  be  in  a  newspaper
    18  having  general  circulation  in  the  area of the proposed district and
    19  individual notice, in writing, to those municipalities whose territories
    20  encompass the proposed district modifications, the persons  owning  land
    21  directly  affected  by  the proposed district modifications, the commis-
    22  sioner, the commissioner of environmental conservation and the  advisory
    23  council  on  agriculture.  The  proposed  district, if certified without
    24  modification by the commissioner, shall  become  effective  thirty  days
    25  after  the  termination of such public hearing or, if there is no public
    26  hearing, ninety days after such certification  unless  its  creation  is
    27  disapproved by the county legislative body within such period. Provided,
    28  however, that if, on a date within the thirty days after the termination
    29  of  such  public  hearing  or, if there is no public hearing, within the
    30  ninety days  after  such  certification,  the  county  legislative  body
    31  approves  creation of the district, such district shall become effective
    32  on such date. Provided further, that notwithstanding any other provision
    33  of this subdivision, if the  commissioner  modified  the  proposal,  the
    34  district  shall  not become effective unless the county legislative body
    35  approves the modified district; such approval must be given  on  a  date
    36  within  the thirty days after the termination of the public hearing; and
    37  the district, if approved, shall become effective on such  date.  Before
    38  approving or disapproving any proposal modified by the commissioner, the
    39  county  legislative  body may request reports on such modified proposal,
    40  from the county planning board and the county agricultural and  farmland
    41  protection board.
    42    7.] 8. If the commissioner certifies the plan of the proposed district
    43  pursuant  to  subdivision  seven  of this section, the district shall be
    44  created immediately upon certification.
    45    9. Upon the creation of  an  agricultural  district,  the  description
    46  thereof,  which  shall  include  tax  map identification numbers for all
    47  parcels within the district, plus a map delineating the exterior bounda-
    48  ries of the district in relation to  tax  parcel  boundaries,  shall  be
    49  filed  by  the county legislative body with the county clerk, the county
    50  director of real property tax services, and the commissioner.  [For  all
    51  existing  agricultural  districts, the county clerk shall also file with
    52  the commissioner upon request the tax map identification numbers for tax
    53  parcels within those districts.] The commissioner, on  petition  of  the
    54  county  legislative  body,  may,  for  good  cause  shown,  approve  the
    55  correction of any errors in  materials  filed  pursuant  to  a  district
        A. 8082                             6
 
     1  creation  at  any  time  subsequent  to the creation of any agricultural
     2  district.
     3    §  7.  Section  303-a  of the agriculture and markets law, as added by
     4  chapter 357 of the laws of 1997, paragraph b of subdivision 2 as  added,
     5  paragraph  c  of subdivision 2 as relettered, and clause (b) of subpara-
     6  graph 3 of paragraph c of subdivision 2 and subdivision 3 as amended  by
     7  chapter  213  of the laws of 2007, subdivision 4 as added by chapter 290
     8  of the laws of 1999 and subdivision 5 as amended by chapter 120  of  the
     9  laws of 2010, is amended to read as follows:
    10    §  303-a.  Agricultural  districts;  review. 1. The county legislative
    11  body shall review  any  district  created  under  [this]  section  three
    12  hundred  three of this article eight[, twelve or twenty] years after the
    13  date of its creation[, consistent with the review period  set  forth  in
    14  the  plan creating such district] and at the end of every eight[, twelve
    15  or twenty] year period thereafter[, whichever  may  apply.  In  counties
    16  with  multiple  districts  with review dates in any twelve month period,
    17  the commissioner, on petition of the county legislative body,  may,  for
    18  good  cause  shown,  approve  an  extension  of  up  to four years for a
    19  district review. Thereafter, the extended review date  shall  be  deemed
    20  the  creation  date  for  purposes  of  subsequent reviews by the county
    21  legislative body in accordance with this section.  The review date of  a
    22  district  may not be extended more than four years.  The petition of the
    23  county legislative body for an  extension  shall  be  submitted  to  the
    24  commissioner at least six months prior to the review date].
    25    2. In conducting a district review the county legislative body shall:
    26    a.  provide notice of such district review by publishing a notice in a
    27  newspaper having general circulation within the district and by  posting
    28  a  notice  on the home page of the county's website; posting such notice
    29  in at least five conspicuous places within the district;  and  providing
    30  such notice in writing by first class mail to those municipalities whose
    31  territory  encompasses the district. The notice shall identify the muni-
    32  cipalities in which the district is found and the district's total area;
    33  indicate that a map of the district will be on file and open  to  public
    34  inspection  in  the  office of the county clerk and such other places as
    35  the legislative body deems appropriate; and  notify  municipalities  and
    36  land  owners within the district that they may propose a modification of
    37  the district by filing such proposal with  the  [county]  clerk  of  the
    38  county  legislature  within  thirty  days [after] of the publication and
    39  posting and mailing of such notice;
    40    b. direct the county agricultural and  farmland  protection  board  to
    41  prepare a report within forty-five days concerning the following:
    42    (1)  the  nature  and status of farming and farm resources within such
    43  district, including the total number of acres  of  land  and  the  total
    44  number of acres of land in farm operations in the district;
    45    (2)  the extent to which the district has achieved its original objec-
    46  tives;
    47    (3) the extent to which county and local comprehensive plans, policies
    48  and objectives are consistent with and support the district;
    49    (4) the degree of coordination between local laws,  ordinances,  rules
    50  and regulations that apply to farm operations in such district and their
    51  influence on farming; and
    52    (5) recommendations to continue, terminate or modify such district.
    53    c.  hold  a  public hearing [at least one hundred twenty days prior to
    54  the district review date and not more than one hundred eighty days prior
    55  to such date,] in the following manner:
        A. 8082                             7
 
     1    (1) the hearing shall be held at a place within the district or other-
     2  wise readily accessible to the proposed district;
     3    (2)  a  notice  of  public  hearing  shall be published in a newspaper
     4  having a general circulation within the district and posted on the  home
     5  page  of  the  county's  website  and shall be given in writing by first
     6  class mail to  those  municipalities  whose  territories  encompass  the
     7  district  and any proposed modifications to the district; to persons, as
     8  listed on the most recent assessment roll, whose land is the subject  of
     9  a proposed modification; and to the commissioner;
    10    (3) the notice of hearing shall contain the following information:
    11    (a) a statement of the time, date and place of the public hearing; and
    12    (b)  a description of the district, any proposed modifications and any
    13  recommendations of  the  county  agricultural  and  farmland  protection
    14  board.
    15    3.  a.  The  county  legislative  body, after receiving the report and
    16  recommendation of the county agricultural and farmland protection board,
    17  and after public hearing, shall make  a  finding  whether  the  district
    18  should  be  continued, terminated or modified. If the county legislative
    19  body finds that the district should be terminated, it may do so  at  the
    20  end  of  such  eight[,  twelve or twenty] year period[, whichever may be
    21  applicable,] by filing a notice of termination with the county clerk and
    22  the commissioner.
    23    b. The county legislative body  may  adopt  any  modification  of  the
    24  district review plan it deems appropriate.
    25    c.  If  the  county legislative body finds that the district should be
    26  continued or modified, it shall submit [a] the district review  plan  to
    27  the  commissioner.  The district review plan shall include a description
    28  of the district, including a map delineating the exterior boundaries  of
    29  the  district  which shall conform to tax parcel boundaries; the tax map
    30  identification numbers for every parcel in the district; a copy  of  the
    31  report of the county agricultural and farmland protection board required
    32  by  paragraph  b  of  subdivision two of this section; and a copy of the
    33  testimony given at the public hearing required by paragraph c of  subdi-
    34  vision two of this section or a copy of the minutes of such hearing.
    35    4.  The  county  legislative  body  shall  complete the review process
    36  described in this section by either terminating, continuing, or  modify-
    37  ing  the  district  on  or  before  the district's anniversary date. The
    38  commissioner may, upon application by the county  legislative  body  and
    39  for  good  cause shown, extend the period for a district review once for
    40  up to six additional months. If the county  legislative  body  does  not
    41  act, or if a modification of a district is rejected by the county legis-
    42  lative  body,  the  district  shall  continue as originally constituted,
    43  unless the commissioner, after consultation with the advisory council on
    44  agriculture, terminates such district, by filing a notice  thereof  with
    45  the county clerk, because[:
    46    a.]  the  area in the district is no longer predominantly viable agri-
    47  cultural land[; or
    48    b. the commissioner of environmental conservation has determined  that
    49  the  continuation  of  the  district  would not be consistent with state
    50  environmental plans, policies and objectives; provided, however, that if
    51  the commissioner certifies to the county legislative body that he or she
    52  will not approve the continuance of the district  unless  modified,  the
    53  commissioner shall grant the county an extension as provided in subdivi-
    54  sion  one  of this section to allow the county to prepare a modification
    55  of the district in the manner provided in this section].
        A. 8082                             8
 
     1    5. Plan review, certification, correction of  any  errors  and  filing
     2  shall  be  conducted in the same manner prescribed for district creation
     3  in [subdivisions five, six and seven of] section three hundred three  of
     4  this article.
     5    §  8.  The  agriculture  and  markets  law  is amended by adding a new
     6  section 303-c to read as follows:
     7    § 303-c. Consolidation of agricultural  districts.  Existing  agricul-
     8  tural districts may be consolidated with an existing district undergoing
     9  review pursuant to and in the same manner prescribed for district review
    10  in  section  three hundred three-a of this article. The notice of public
    11  hearing required by subdivision two of section three hundred three-a  of
    12  this  article  shall  be  given  in writing by first class mail to those
    13  municipalities whose territories encompass the districts proposed to  be
    14  consolidated;  and  to all persons, as listed on the most recent assess-
    15  ment roll, whose land is the subject of  a  proposed  consolidation.  In
    16  addition to the information required by subdivision two of section three
    17  hundred  three-a  of  this article, the notice of hearing shall identify
    18  the district into which the  existing  district  or  districts  will  be
    19  consolidated and the new anniversary date for the consolidated district.
    20    § 9. Section 304 of the agriculture and markets law is REPEALED.
    21    §  10.  Subdivision  1 of section 304-b of the agriculture and markets
    22  law, as amended by chapter 213 of the laws of 2007, is amended  to  read
    23  as follows:
    24    1.  The commissioner shall file a written report with the governor and
    25  the legislature on January first,  two  thousand  eight  and  biennially
    26  thereafter,  covering  each  prior  period  of two years, concerning the
    27  status of the agricultural districts program. Such report shall include,
    28  but not be limited to, the total number of agricultural  districts,  the
    29  total  number of acres in agricultural districts, a list of the counties
    30  that have established county agricultural and farmland protection plans,
    31  and a summary of the agricultural protection [planning] grants program.
    32    § 11. Subparagraphs (ii) and (vi) of paragraph d of subdivision  1  of
    33  section  305  of  the agriculture and markets law, as amended by chapter
    34  385 of the laws of 1994, are amended to read as follows:
    35    (ii) Whenever a conversion occurs, the owner shall notify the assessor
    36  within ninety days of the date such  conversion  is  commenced.  If  the
    37  landowner  fails to make such notification within the ninety day period,
    38  the assessing unit, by majority vote of the governing body, may impose a
    39  penalty on behalf of the assessing unit of up to  two  times  the  total
    40  payments  owed,  but  not  to  exceed  a  maximum total penalty of [five
    41  hundred] one thousand dollars in addition to any payments owed.
    42    (vi) The assessing unit, by majority vote of the governing  body,  may
    43  impose  a  minimum  payment  amount,  not  to  exceed [one] five hundred
    44  dollars.
    45    § 12. Paragraph e of subdivision 1 of section 305 of  the  agriculture
    46  and markets law is REPEALED and paragraph f is relettered paragraph e.
    47    §  13.  Paragraph b of subdivision 4 of section 305 of the agriculture
    48  and markets law is REPEALED.
    49    § 14. Paragraphs c, d, e and f of subdivision 4 of section 305 of  the
    50  agriculture  and  markets  law, paragraph c as amended by chapter 235 of
    51  the laws of 1995, paragraphs d and e as amended by chapter  797  of  the
    52  laws  of  1992  and paragraph f as amended by chapter 102 of the laws of
    53  1998, are amended to read as follows:
    54    [c.] b. The agency, corporation or  government  proposing  the  action
    55  shall  also,  at  least  sixty-five  days  prior  to  such  acquisition,
    56  construction or advance of public funds, file a [final] notice of intent
        A. 8082                             9
 
     1  with  the  commissioner  and  the  county  agricultural   and   farmland
     2  protection board.  Such [final] notice shall include a detailed agricul-
     3  tural impact statement setting forth the following:
     4    (i) a detailed description of the proposed action and its agricultural
     5  setting;
     6    (ii)  the  agricultural impact of the proposed action including short-
     7  term and long-term effects;
     8    (iii) any adverse agricultural effects which cannot be avoided  should
     9  the proposed action be implemented;
    10    (iv) alternatives to the proposed action;
    11    (v)  any  irreversible  and  irretrievable commitments of agricultural
    12  resources which would be involved in the proposed action  should  it  be
    13  implemented;
    14    (vi)  mitigation  measures  proposed to minimize the adverse impact of
    15  the proposed action on the continuing viability of a farm enterprise  or
    16  enterprises within the district;
    17    (vii)  any  aspects  of the proposed action which would encourage non-
    18  farm development, where applicable and appropriate; and
    19    (viii) such other information as the commissioner may require.
    20    The commissioner shall promptly determine whether the  [final]  notice
    21  is  complete  or  incomplete.  If  the  commissioner does not issue such
    22  determination within thirty days, the [final]  notice  shall  be  deemed
    23  complete.  If  the  [final]  notice  is determined to be incomplete, the
    24  commissioner shall notify the party proposing the action in  writing  of
    25  the  reasons for that determination. Any new submission shall commence a
    26  new period for department review for purposes of  determining  complete-
    27  ness.
    28    [d.]  c.  The  provisions  of [paragraphs] paragraph b [and c] of this
    29  subdivision shall not apply and shall be deemed waived by the  owner  of
    30  the land to be acquired where such owner signs a document to such effect
    31  and provides a copy to the commissioner.
    32    [e.]  d. Upon notice from the commissioner that he or she has accepted
    33  a [final] notice as  complete,  the  county  agricultural  and  farmland
    34  protection board may, within thirty days, review the proposed action and
    35  its  effects  on  farm  operations and agricultural resources within the
    36  district, and report its findings and recommendations to the commission-
    37  er and to the party proposing the action in the case of actions proposed
    38  by a state agency or public benefit corporation, and additionally to the
    39  county legislature in the case of actions proposed by  local  government
    40  agencies.
    41    [f.]  e.  Upon receipt and acceptance of a [final] notice, the commis-
    42  sioner shall thereupon forward a copy of such notice to the commissioner
    43  of environmental conservation and the advisory council  on  agriculture.
    44  The commissioner, in consultation with the commissioner of environmental
    45  conservation  and the advisory council on agriculture, within forty-five
    46  days of the acceptance of a [final] notice, shall  review  the  proposed
    47  action  and make an initial determination whether such action would have
    48  an unreasonably adverse effect on the continuing  viability  of  a  farm
    49  enterprise  or  enterprises  within the district, or state environmental
    50  plans, policies and objectives.
    51    If the commissioner so determines, he or she may (i)  issue  an  order
    52  within  the  forty-five  day  period  directing the state agency, public
    53  benefit corporation or local government not to take such action  for  an
    54  additional  period  of  sixty days immediately following such forty-five
    55  day period; and (ii) review the proposed action to determine whether any
    56  reasonable and practicable alternative or alternatives exist which would
        A. 8082                            10
 
     1  minimize or avoid the adverse impact on agriculture in order to  sustain
     2  a viable farm enterprise or enterprises within the district.
     3    The  commissioner  may  hold a public hearing concerning such proposed
     4  action at a place within the district or otherwise easily accessible  to
     5  the  district  upon  notice  in a newspaper having a general circulation
     6  within the district and posted on the  home  page  of  the  department's
     7  website,  and  individual notice, in writing by first class mail, to the
     8  municipalities whose territories encompass the district, the commission-
     9  er of environmental conservation, the advisory  council  on  agriculture
    10  and  the  state  agency,  public benefit corporation or local government
    11  proposing to take such action. On or before the conclusion of such addi-
    12  tional sixty day period, the commissioner shall report his or her  find-
    13  ings  to  the  agency,  corporation or government proposing to take such
    14  action, to any public agency having the power of review of  or  approval
    15  of  such action, and, in a manner conducive to the wide dissemination of
    16  such findings, to the public.  If  the  commissioner  concludes  that  a
    17  reasonable and practicable alternative or alternatives exist which would
    18  minimize  or  avoid the adverse impact of the proposed action, he or she
    19  shall propose that such alternative or alternatives be accepted. If  the
    20  agency,  corporation  or  government  proposing  the  action accepts the
    21  commissioner's proposal, then the requirements of the notice  of  intent
    22  filing  shall be deemed fulfilled. If the agency, corporation or govern-
    23  ment rejects the commissioner's proposal,  then  it  shall  provide  the
    24  commissioner  with  reasons  for  rejecting such proposal and a detailed
    25  comparison between its proposed action and the  commissioner's  alterna-
    26  tive or alternatives.
    27    §  15.  Paragraphs g, h and h-1 of subdivision 4 of section 305 of the
    28  agriculture and markets law are relettered paragraphs f, g and h.
    29    § 16. Subdivisions 2, 3 and 4 of section 305-a of the agriculture  and
    30  markets law are REPEALED.
    31    §  17.  Section 305-b of the agriculture and markets law is renumbered
    32  section 305-c and a new section 305-b is added to read as follows:
    33    § 305-b. Agricultural data statement. 1. Submission, evaluation.   Any
    34  application  for a special use permit, site plan approval, use variance,
    35  or subdivision approval requiring municipal review  and  approval  by  a
    36  planning board, zoning board of appeals, town board, or village board of
    37  trustees pursuant to article sixteen of the town law or article seven of
    38  the  village  law,  that  would occur on property within an agricultural
    39  district containing a farm operation  or  on  property  with  boundaries
    40  within  five hundred feet of a farm operation located in an agricultural
    41  district, shall include an agricultural  data  statement.  The  planning
    42  board, zoning board of appeals, town board, or village board of trustees
    43  shall  evaluate  and  consider  the  agricultural  data statement in its
    44  review of the possible impacts of the proposed project  upon  the  func-
    45  tioning of farm operations within such agricultural district. The infor-
    46  mation  required  by  an  agricultural data statement may be included as
    47  part of any other application form required by local law,  ordinance  or
    48  regulation.
    49    2. Notice provision. Upon the receipt of such application by the plan-
    50  ning  board,  zoning  board  of appeals, town board, or village board of
    51  trustees, the clerk of such board shall  mail  written  notice  of  such
    52  application  to the owners of land as identified by the applicant in the
    53  agricultural data statement. The notice shall include a  description  of
    54  the  proposed  project  and its location, and may be sent in conjunction
    55  with any other notice required by state or local law, ordinance, rule or
        A. 8082                            11
 
     1  regulation for the project. The cost of  mailing  the  notice  shall  be
     2  borne by the applicant.
     3    3. Content. An agricultural data statement shall include the following
     4  information: the name and address of the applicant; a description of the
     5  proposed  project and its location; the name and address of any owner of
     6  land within the agricultural district, which land  contains  farm  oper-
     7  ations  and  is  located within five hundred feet of the boundary of the
     8  property upon which the project is proposed; and a tax map or other  map
     9  showing  the  site  of  the proposed project relative to the location of
    10  farm operations identified in the agricultural data statement.
    11    § 18. Subparagraph (iii) of paragraph a and subparagraph (iv) of para-
    12  graph b of subdivision 2 of section 306 of the agriculture  and  markets
    13  law,  as amended by chapter 680 of the laws of 1994, are amended to read
    14  as follows:
    15    (iii) Whenever a conversion occurs, the owner shall notify the  asses-
    16  sor  within ninety days of the date such conversion is commenced. If the
    17  landowner fails to make such notification within the ninety day  period,
    18  the assessing unit, by majority vote of the governing body, may impose a
    19  penalty  on  behalf  of  the assessing unit of up to two times the total
    20  payments owed, but not to  exceed  a  maximum  total  penalty  of  [five
    21  hundred] one thousand dollars in addition to any payments owed.
    22    (iv)  The assessing unit, by majority vote of the government body, may
    23  impose a minimum payment  amount,  not  to  exceed  [one]  five  hundred
    24  dollars.
    25    §  19.  Section  307 of the agriculture and markets law, as amended by
    26  chapter 235 of the laws of 1995 and as further  amended  by  subdivision
    27  (d) of section 1 of part W of chapter 56 of the laws of 2010, is amended
    28  to read as follows:
    29    § 307. Promulgation  of  rules  and  regulations.  The commissioner of
    30  taxation and finance and the commissioner are each empowered to  promul-
    31  gate  such  rules  and  regulations  and to prescribe such forms as each
    32  shall deem necessary to effectuate the purposes of this article  [,  and
    33  the commissioner is further empowered to promulgate such rules and regu-
    34  lations  as are necessary to provide for the reasonable consolidation of
    35  existing agricultural districts with new agricultural districts or  with
    36  other  existing  districts  undergoing  modification pursuant to section
    37  three hundred three of this article]. Where  a  document  or  any  other
    38  paper  or  information is required, by such rules and regulations, or by
    39  any provision of this article, to be filed with, or by, a  county  clerk
    40  or any other local official, such clerk or other local official may file
    41  such document, paper, or information as he or she deems proper, but [he]
    42  shall  also file or record it in any manner directed by the commissioner
    43  of taxation and finance, by rule or regulation. In promulgating  such  a
    44  rule  or  regulation,  such commissioner shall consider, among any other
    45  relevant factors, the need for security of land titles, the  requirement
    46  that  purchasers  of  land know of all potential tax and penalty liabil-
    47  ities, and the desirability that the searching of titles not be  further
    48  complicated by the establishment of new sets of record books.
    49    § 20. Subdivision 6 of section 309 of the agriculture and markets law,
    50  as  added  by  chapter  79  of  the  laws of 1980, is amended to read as
    51  follows:
    52    6. The advisory council on agriculture may ask  other  individuals  to
    53  attend  its  meetings  or work with it on an occasional or regular basis
    54  provided, however, that it shall invite participation by the chairman of
    55  the state soil and water conservation committee and the dean of the  New
    56  York state college of agriculture and life sciences at Cornell universi-
        A. 8082                            12
 
     1  ty.  The advisory council on agriculture shall set the time and place of
     2  its meetings, and shall hold at least [four meetings]  one  meeting  per
     3  year.
     4    §  21.  Subdivision  2 of section 483 of the real property tax law, as
     5  amended by chapter 540 of the laws  of  2007,  is  amended  to  read  as
     6  follows:
     7    2.  The  term  "structures and buildings" shall include: (a) permanent
     8  and impermanent structures, including trellises and  pergolas,  made  of
     9  metal,  string  or wood, and buildings or portions thereof used directly
    10  and exclusively in the raising and production for sale  of  agricultural
    11  and  horticultural commodities or necessary for the storage thereof, but
    12  not structures and buildings or portions thereof used for the processing
    13  of agricultural and horticultural commodities, or the retail merchandis-
    14  ing of such commodities; (b) structures and buildings  used  to  provide
    15  housing for regular and essential employees and their immediate families
    16  who  are  primarily  employed  in connection with the operation of lands
    17  actively devoted to agricultural and horticultural use, but not  includ-
    18  ing  structures  and  buildings occupied as a residence by the applicant
    19  and his immediate family; (c) structures and buildings  used  as  indoor
    20  exercise  arenas  exclusively  for  training  and  exercising  horses in
    21  connection with the raising and production for sale of agricultural  and
    22  horticultural  commodities  or  in  connection  with  a commercial horse
    23  boarding operation as defined in section three hundred one of the  agri-
    24  culture  and markets law. For purposes of this section, the term "indoor
    25  exercise arenas" shall not include riding academies or dude ranches; (d)
    26  structures and buildings used in the  production  of  maple  syrup;  (e)
    27  structures  and  buildings  used  in the production of honey and beeswax
    28  including those structures and buildings used for the storage  of  bees.
    29  For purposes of this section, this shall not include those structures or
    30  buildings  and portions thereof used for the sale of maple syrup or sale
    31  of honey and beeswax. The term  "structures  and  buildings"  shall  not
    32  include  silos,  bulk  milk  tanks  or coolers, or manure storage [and],
    33  handling and treatment facilities as such terms are used in section four
    34  hundred eighty-three-a of this title.
    35    § 22. This act shall  take  effect  immediately  and  shall  apply  to
    36  assessment rolls prepared on the basis of taxable status dates occurring
    37  on  or after such date; provided, however, that section five of this act
    38  shall only apply to the creation of any agricultural  district  pursuant
    39  to  section  303 of the agriculture and markets law commenced after such
    40  effective date and section six of this  act  shall  only  apply  to  the
    41  review  of  any  agricultural  district pursuant to section 303-a of the
    42  agriculture and markets law commenced after such effective date.