New York State Assembly

 
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A10301 Summary:

A10301 Actions:

A10301 Committee Votes:

Committee:AGRICULTURE   Chair:Magee      
DATE:06/06/2018AYE/NAY:20/0  Action: Favorable refer to committee Ways and Means        
Magee
Aye
Blankenbush
Aye
Lifton
Aye
Butler
Aye
Gunther
Aye
Crouch
Aye
Rosenthal
Aye
Finch
Aye
Jenne
Aye
Hawley
Aye
Bronson
Aye
Fitzpatrick
Aye
Rivera
Aye
Barrett
Aye
Stirpe
Aye
Santabarbara
Aye
Skoufis
Aye
Woerner
Aye
Jones
Aye
Epstein
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/18/2018AYE/NAY:33/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Oaks
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Barclay
Aye
Gantt
Excused
Fitzpatrick
Aye
Glick
Aye
Hawley
Aye
Nolan
Aye
Malliotakis
Aye
Pretlow
Aye
Walter
Aye
Perry
Aye
Montesano
Aye
Colton
Aye
Curran
Aye
Cook
Aye
Ra
Aye
Cahill
Aye
Aubry
Aye
Hooper
Excused
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Peoples-Stokes
Aye
Simotas
Aye

Committee:RULES   Chair:Heastie      
DATE:06/19/2018AYE/NAY:30/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Gantt
Excused
Crouch
Aye
Nolan
Aye
Finch
Aye
Weinstein
Aye
Barclay
Aye
Hooper
Aye
Raia
Aye
Ortiz
Aye
Hawley
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye
Benedetto
Aye

A10301 Floor Votes:

A10301 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10301--B
 
                   IN ASSEMBLY
 
                                     April 10, 2018
                                       ___________
 
        Introduced by M. of A. BARRETT, COOK, MAGEE, MONTESANO, LUPARDO, THIELE,
          LAVINE,  ARROYO, D'URSO, JAFFEE, SIMON, BLAKE, MOSLEY, GIGLIO, CROUCH,
          GOTTFRIED, FERNANDEZ, GLICK, BARRON,  BLANKENBUSH,  DiPIETRO,  RIVERA,
          ERRIGO  --  Multi-Sponsored  by  --  M.  of A. LENTOL -- read once and
          referred to the Committee on Agriculture -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  again  reported  from said committee with amendments, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the agriculture and markets  law,  in  relation  to  the
          acquisition of agricultural preservation restrictions
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Section 321 of the agriculture and markets law,  as  added
     2  by chapter 797 of the laws of 1992, is amended to read as follows:
     3    § 321. Statement  of  legislative  findings  and  intent. It is hereby
     4  found and declared  that  agricultural  lands  are  irreplaceable  state
     5  assets.  In  an  effort to maintain the economic viability, and environ-
     6  mental and landscape preservation values  associated  with  agriculture,
     7  the state must explore ways to sustain the state's valuable farm economy
     8  and  to  protect  farm  operations and the land base associated with it.
     9  External pressures on farm stability such as population growth  in  non-
    10  metropolitan  areas,  lack  of access to affordable farmland, and public
    11  infrastructure development pose a significant threat to farm operations,
    12  yet are the pressures over which farmers have the least  control.  Local
    13  initiatives  in agricultural protection policy, facilitated by the agri-
    14  cultural districts program established in article twenty-five-AA of this
    15  chapter, have proved effective as a basic step in addressing these pres-
    16  sures.  In an effort to encourage further  development  of  agricultural
    17  and farmland protection programs, and to recognize both the crucial role
    18  that  local  government  plays  in developing these strategies, plus the
    19  state constitutional directive to the legislature  to  provide  for  the
    20  protection of agricultural lands, it is therefore declared the policy of
    21  the  state  to  promote  local initiatives for agricultural and farmland
    22  protection.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13903-11-8
        A. 10301--B                         2
 
     1    § 2. Subdivision 1 of section 322 of the agriculture and markets  law,
     2  as  added  by  chapter  797  of  the laws of 1992, is amended to read as
     3  follows:
     4    1.  "Agricultural  and  farmland  protection"  means the preservation,
     5  conservation, management or improvement  of  lands  which  are  part  of
     6  viable  farming operations, for the purpose of encouraging such lands to
     7  remain in agricultural production. Such preservation efforts include the
     8  use of farmland protection conservation easements and purchase of devel-
     9  opment rights.
    10    § 3. Section 322 of the agriculture and  markets  law  is  amended  by
    11  adding two new subdivisions 6 and 7 to read as follows:
    12    6.  "Farmer-purchaser  farmland protection agreement" means preemptive
    13  purchase rights or other provisions that are part  of  or  linked  to  a
    14  farmland  protection conservation easement providing the easement holder
    15  the preferential right to purchase protected farmland  at  its  agricul-
    16  tural use value in the event the landowner intends to sell such farmland
    17  to  a  purchaser  who does not intend to maintain the land in commercial
    18  agricultural production and who does  not  have  the  requisite  farming
    19  experience  and farming income to demonstrate, in a manner acceptable to
    20  the department, a good faith plan to maintain  the  land  in  commercial
    21  agricultural  production.    The purpose of such provisions is to ensure
    22  that farmer-purchasers who would maintain protected farmland in  commer-
    23  cial  agricultural production can afford such farmland that might other-
    24  wise be sold at a higher price to other purchasers.
    25    7. "Agricultural use value" means the fair market value of a  property
    26  that  is restricted by an easement to its productive commercial agricul-
    27  tural use value rather than the highest and/or best potential use  value
    28  for residential or other non-agricultural purposes.
    29    §  4.  Subdivision 2 of section 325 of the agriculture and markets law
    30  is amended by adding a new paragraph (g) to read as follows:
    31    (g) In evaluating applications for funding,  projects  for  protecting
    32  agricultural  land  that  include  farmer-purchaser  farmland protection
    33  agreements are eligible for state assistance payments.
    34    § 5. This act shall take effect on the ninetieth day  after  it  shall
    35  have  become  a  law;  provided  however that effective immediately, the
    36  addition, amendment and/or repeal of any rule  or  regulation  necessary
    37  for  the implementation of this act on its effective date are authorized
    38  to be made and completed on or before such effective date.